HomeMy WebLinkAboutCOM 0935.000 2004-2006
+tv,or N~
Harry Kim Dixie Kaetsu
Mayor ; Managing Director
r
Barbara Kossow
A Deputy Managing Director
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawai'i 96720-4252 • (808) 9615211 Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663
May 30, 2006
Honorable Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
State Land Use Boundary Amendment Application (SLU 06-000010)
Request: Agriculture and Urban to Rural
Change of Zone Application (REZ 06-000037)
Request: RS-15/A-20a to RA-la
Applicant: Plant-Mason Family Trust
Tax Map Key: 2-6-32:6
Repeal of Change of Zone Ordinance No. 96 152
Initiator: Planning Director
Tax Map Key: 2-6-32:6 (formerly 2-6-12:portion of 4 and 2-6-13:portion of 7)
Change of Zone (REZ 1047)
Applicant: Seascape Development, LLC
Request: Amendment to Condition H of Change of Zone
Ordinance No. 04-106
Tax Map Key: 7-3-10:portion 3
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Commission's letters and enclosures regarding the
above-referenced requests.
Sincerely
3~
Harry Kim
t, Mayor
`A
1_050506may Contl, No. `
Enclosures Ref. To
cc: Planning Department Ref. Date i
/ 0 1 11 7 q~ ` Hawaii County is an Equal Opportunity Provider and Employer
V or
ee•r0
County of Hawaii
PLANNING COMMISSION
Aupuni Center a 101 Pauahi Street, Suite 3 e Hilo, Hawaii 96720
May 30, 2006 Phone (808) 961-8288 a Fax(808)961-8742
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Change of Zone (REZ 1047)
Applicant: Seascape Development, LLC
Request: Amendment to Condition H of Change of Zone
Ordinance No. 04-106
Tax Map Key: 7-3-10:nortion 3
The Planning Commission, after a duly held public hearing on May 5, 2006, voted to recommend
for your approval the proposed legislative bill for an amendment to Condition H (construction of
Kakahiaka Street extension) as required in Ordinance No. 04-106, which rezoned 10.001 acres of
land from an Agricultural 5-acre (A-5a) to a Multiple Family Residential - 4,000 square feet
(RM-4) district. The property is located on the south side of Kona Palisade Subdivision,
approximately 1,200 feet south of the Kaiminani Drive-Kakahiaka Street intersection, Ooma 1st,
North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
Effective September 22, 2004, the State Land Use Boundary was amended from
Agricultural to Urban for the subject property under Ordinance No 04-105 and the
property was rezoned from Agricultural 5-acre (A-5a) to Multiple-Family Residential
4,000 square feet (RM-4) under Ordinance No. 04-106 to allow the development of a
100-unit affordable housing project.
The applicant has submitted a request to amend Condition H of Change of Zone
Ordinance No. 04-106 to limit the improvement of the extension of Kakahiaka Street to
Hawaii County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
the northern portion of the Seascape property (TMK:7-3-10:51), instead of improving
Kakahiaka Street through the subject property to the southern boundary, which connects
to State land to the south (TMK:7-3-9:5). The remainder of the extension would be
deferred until development occurs on the State property or until other road extensions
from the south make it possible to connect to Kakahiaka Street.
The applicant believes that the improvement of Kakahiaka Street to the southern
boundary of its property would not serve much purpose at this time based on the owner to
the south (State of Hawaii) having no announced development plans for their property.
The applicant believes that the improvement of the road could invite illicit activities
and/or become an illegal refuse site because of non-use of the roadway.
The Planning Director's favorable recommendation of this amendment request is
based on fact that the land to the south is vacant State land with no firm plans for
development at this time. The amendment approval would be contingent upon the
applicant being required to place a lien against at least one of the parcels resulting from
Subdivision 02-000051 to insure future improvement of the remainder of Kakahiaka
Street. The existing Kahahiaka Steet is County owned and has a right-of-way width of 50
feet and a 20-foot wide pavement. Kakahiaka Street (TMK:7-3-10:54) will be extended
as a 50-foot wide street to dedicable standards with curb, gutter and sidewalk
improvements along one side of the road through the adjacent Lokahi property to the
subject property. The Department of Public Works has submitted comments and
suggested alternate wording for Condition H, which has been taken into consideration in
drafting the recommended changes.
The Police Department recommended that the developer be required to comply
with the original Condition H and complete the required section of roadway. They
recommend that the developer install temporary barricades to prevent vehicles from going
beyond the Seascape project until the roadway is completed.
The General Plan LUPAG Map designates the area as Urban Expansion. The
current zoning of Multiple-Family Residential 4,000 square feet (RM-4) is consistent
with the existing General Plan designation for this area. All essential utilities and
services are available to the site. Compliance with all other conditions of Ordinance No.
04-106 is still required.
Based on the above findings, the proposed amendment to Condition H of Change of Zone
Ordinance No. 04-106 is not contrary to the original reasons for approving the Change of Zone.
Stacy Higa, Chairman
and Members of the County Council
Page 3
For your favorable consideration, an amendment to Ordinance No. 04-106 is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
C. lameda, Chairman
Planning Commission
LseascapeQPC
Enclosures
cc: Mr. Sidney Fuke
Seascape Development, LLC
Department of Public Works
Department of Water Supply
Planning Department - Kona
Department of Land & Natural Resources-HPD/Kona
Rodney Haraga, Director/DOT-Highways, Honolulu
BSemcape-REZ 1047.jwd 03-23-06
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
SEASCAPE DEVELOPMENT, LLC
CHANGE OF ZONE ORDINANCE 04-106 (REZ 1047)
AMENDMENT TO CONDITION H
Seascape Development, LLC (formerly Westpro Development, Inc.) has submitted a
request to amend Condition H of Change of Zone Ordinance No. 04-106, which rezoned 10 acres
of land from an Agricultural 5-acre (A-5a) to a Multiple Family Residential 4,000-square foot
(RM-4) district. The property is located on the south side of Kona Palisades Subdivision,
approximately 1,200 feet south of the Kaimiani Drive - Kakahiaka Street intersection, Ooma 1s'
North Kona, Hawaii, TMK: 7-3-10: 51 (formerly portion of 3).
APPLICANT'S REQUEST
1. Request: The applicant is requesting to amend Condition H of Ordinance No. 04-106,
which states:
The applicant shall construct the extension of Kakahiaka Street through the
subject property (TMK:7-3-10:3) as a 50-foot wide street to dedicable standards
with concrete curb, gutter and sidewalk improvements along one side of the road.
The road shall be constructed in the manner specified by the Department of Public
Works and shall be on an alignment meeting with the approval of the Planning
Director in consultation with the Department of Public Works. The applicant
shall construct all improvements prior to the issuance of a Certificate of
Occupancy and dedicate them to the County upon request.
The applicant has submitted an amendment to Condition H with the following suggested
language (new items are underscored deleted items are braketed[]):
The applicant shall construct the extension of Kakahiaka Street up to the driveway
entrance of any development of the area covered by this rezoning ordinance [through the
subject property (TMK: 7-3-10:3)] as a 50-foot wide street to dedicable standards with
curb, gutter and sidewalk improvements along one side of the road. The undeveloped
portion of this road extension shall be set aside as a fixture road reserve in conjunction
with the subdivision creating the area covered by this rezoning ordinance. Further, the
Cortm. 935
Bill 299
undeveloped portion of this road shall be constructed by the applicant, successors or
assigns when there is development of the State land to the south or until other road
extensions to the south make it possible to connect to Kakahiaka Street. Said
determination shall be made by the Planning Director. The road shall be constructed in
the manner specified by the Department of Public Works and shall be on an alignment
meeting with the approval of the Planning Director in consultation with the Department
of Public Works. The applicant shall construct [all]the improvements to the project's
driveway entrance prior to the issuance of a Certificate of Occupancy and dedicate them
to the County upon request.
The amendment request will allow the applicant to limit the improvement of the
extension of Kakahiaka Street to the northern portion of the Seascape property
(TMK:7-3-10:51), instead of improving Kakahiaka Street through the subject property to
the southern boundary. The remainder of the extension, which extends through the
subject property and connects to TMK:7-3-9:5, a large parcel owned by the State of
Hawaii, will be deferred until development occurs on the State property or until other
road extensions from the south make it possible to connect to Kakahiaka Street. A road
lot has been established (TMK: 7- 3-10:54) in conjunction with the recent subdivision of
parcel 3. Included within the amendment request is a letter from the Planning Director to
Bill Brooks of Westpro Holdings, LLC dated July 21, 2005, which addresses the
Planning Director's position regarding the proposed amendment request. A portion of
the letter states the following:
4. Re the Kakahiaka St. extension: currently, Condition "H" of Ord. 04-105
requires the construction of Kakahiaka St. through the parcel. You
requested that it only extend to the entrance of the Seascape condominium
site. Because the adjoining property to the south is vacant State land with
no firm plans for development, I would be willing to support a change to
this requirement so that the extension could be delayed until development
was occurring on the state land, or until other road extensions to the south
made it possible to connect Kakahiaka St. to those roads. (The "Mid-
Level" road corridor should be close to the south boundary of T.M.K. No.
7-5-10:003.) 1 cannot administratively authorize this; it must be done by
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amendment to the ordinance, which I would support. The extension of
Kakahiaka would be a contingent obligation that would have to be a lien
against at least one of the parcels resulting from SUB 2002-051.
The applicant has submitted the following in support of the amendment request.
(Planning Department Exhibit 1 - Amendment Request)
BACKGROUND INFORMATION
2. SLU 1244/REZ 1047: Effective September 22, 2004, the State Land Use Boundary was
amended from Agricultural to Urban for the subject property under Ordinance No 04-105
and the property was rezoned from Agricultural 5-acre (A-5a) to Multiple-Family
Residential-4,000 square feet (RM-4) under Ordinance No. 04-106 to allow the
development of a 100-unit affordable housing project. The original conceptual
development plan included eight (8) eight-plex units, nine (9) four-plex units, a
picnic/playground area, 125 off street parking stalls, an on-site sewage treatment plant,
landscaping and open areas, including an archaeological preserve. The multi-family
buildings are proposed to be two stories in height. The units are proposed to be
approximately 1,175 square feet in size and will include 2 bedrooms and 2 bathrooms in
each unit. They will also include a 7-foot by 12-foot storage area and covered lanais.
3. Subdivision 02-000051: Final Subdivision Approval was granted on August 29, 2005 to
Westpro Development, Inc. for the subdivision of TMK: 7-3-10:3 into four lots ranging
from 10 to 14 acres each, plus a roadway lot. The 10-acre area for this proposed
amendment is one of the four lots of this subdivision, which is now identified as
TMK:7-3-10:51. (Planning Department Exhibit 2 -Copy of Approved Subdivision
Map)
4. Access: Access to the project site is proposed to be via the extension of Kakahiaka
Street. According to the Department of Public Works, the existing Kahahiaka Steet is
County owned and has a right-of-way width of 50 feet and a 20-foot wide pavement.
AGENCIES'/ASSOCIATION COMMENTS
5. Department of Public Works (March 17, 2006 Memo):
"We reviewed the subject application. Please consider the following alternate wording
for the proposed amendment:
H. The applicant shall construct the extension of Kakahiaka Street through the
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subject property to the driveway entrance of any development of the area covered
by this rezoning ordinance[(TMK:7-3-10:3)] as a 50-foot wide street to dedicable
standards with concrete curb, gutter and sidewalk improvements along one side of
the road. The remainder of Road Lot 5 shall be set aside as a future road reserve,
along with any necessary construction easements, and improved to dedicable
standards by the applicant, successors or assigns, when determined by the
Planning Director[The road] shall be constructed in the manner specified by the
Department of Public Works and shall be on an alignment meeting with the
approval of the Planning Director in consultation with the Department of Public
Works. The applicant shall construct the required[all] improvements prior to the
issuance of a Certificate of Occupancy and dedicate them to the County upon
request.
In making our determination, we assume the condition to complete street improvements
on Road Lot 5 can still be applied to the other portion(s) of the original subject Parcel 3
from which the rezoned portion (Parcel 51) has now been subdivided, in future zoning
ordinances."
6. Department of Water Supply (March 13, 2006 Memo):
"We have reviewed the subject request and have no comments regarding the amendment
to Condition H of Ordinance No. 04-106."
7. Police Department: (Planning Department Exhibit 3 -February 24, 2006 Memo)
8. Fire Department: (Planning Department Exhibit 4 - March 6, 2006 Memo)
APPLICANT'S SUBMITTAL LETTERS
9. The applicant has submitted an updated progress report dated January 31, 2006 and a
copy of the Water Development Agreement dated October 10, 2005. (Planning
Department Exhibit 5 - Letters dated October 10, 2005, January 31, 2006 and
March 20, 2006)
PUBLIC COMMENTS
10. The Planning Department has not received any written comments or objections from the
general public or adjacent landowners on the subject applications.
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SidneyFuke, Planning Consultant cT m6
2FAV 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
AIIIIIIIIIIINIF Telephone: (808) 969-1522 - Fax: (808) 969-7996 n , T~~~ • Subdivision • Land Use Permits
E-mail: sidfuke@verizon.net P! ANNiNG Litt ; 1TMENT • Environmental Reports
Februarlpv,460% OF 1 A'dVA44
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
RE: Amendment to Ord. No. 04-106. TMK: 7-3-10: Portion of 3
As you may be aware, the rezoning of a 10.001 acre portion of the subject
property into the Multiple-family Residential (RM-4) became effective on
September 22, 2004. The rezoning ordinance, a copy of which is attached as
Appendix A, was subject to a number of time and other performance conditions.
The rezoning paved the way for the development of a 100-unit multiple-
family, affordable housing project called Seascape, compete with the required
parking (minimum of 125 parking stalls), a parktplayground area, and a private
wastewater treatment plant. (Appendix B) Access would be from the southerly
extension of Kakahiaka Street, which intersects with Ka'iminani Drive at its north
end. (Appendices C and D)
Condition H required the applicant to extend Kakahiaka Street through the
subject property. This extension would be 50-foot wide street built to County
dedicable standards, complete with concrete curb, gutter, and sidewalk
improvements along one side of the road.
The concept of having Kakahiaka Street through the subject site is
understandable. Such an extension would foster much needed road connectivity
between developments. However, because the property to the south is vacant
and owned by the State of Hawaii with no announced development plans for this
site to date, the full extension now may not serve much purpose. On the 1 .1
contrary, because of its non-use, it could invite illicit activities and serve as an
illegal refuse site. And those activities would not bode well for occupants of this
affordable housing project. Additionally, because the road is intended to be
dedicated to the County, the County may inadvertently sustain more
maintenance responsibilities and incur added liabilities.
Accordingly, the applicant is proposing an amendment that would limit the
improvement of Kakahiaka Street entrance to the entrance of the Seascape
project and defer the balance until there is development of the State land to the
Planning Dept.
Exhibit_i.
Mr. Christopher Yuen
February 7, 2006
Page 2
south or until other road extensions to the south make it possible to connect to
Kakahiaka Street. Nonetheless, a road reserve and/or road lot would be
established in conjunction with the subdivision of the property creating
Seascape's 10.001-acre site. In your letter of July 21, 2005, to Mr. Bill Brooks,
you noted that this concept was acceptable. (Appendix E).
As such, the applicant respectfully requests an amendment to Condition H
of Ordinance No. 04-106 to accomplish the above. A suggested language could
be as follows:
"H. The applicant shall construct the extension of Kakahiaka Street MR
to the driveway entrance of any development of the area covered by this
rezoning ordinance [through the subject property (TMK: 7-3-10: 3)] as a
50-foot wide street to dedicable standards with curb, gutter and sidewalk
improvements along one side of the road. The undeveloped Portion of this
road extension shall be set aside as a future road reserve in conjunction
with the subdivision creating the area covered by this rezoning ordinance.
Further, the undeveloped portion of this road shall be constructed by the
applicant successors or assigns when there is development of the State
land to the south or until other road extensions to the south make it
possible to connect to Kakahiaka Street. Said determination shall be
made by the Planning Director. The road shall be constructed in the
manner specified by the Department of Public Works and shall be on an
alignment meeting with the approval of the Planning Director in
consultation with the Department of Public Works. The applicant construct
[all] the improvements to the proiect's driveway entrance prior to the
issuance of a Certificate of Occupancy and dedicate them to the County
upon request." (New items are underscored deleted items are
bracketed [
In the event your office believes the request to be reasonable, the
applicant has no objections to alternative language to accomplish the applicant's
objective. This objective, in sum, is essentially to limit the improvements within
the Kakahiaka Street extension up to the entrance of the Seascape condominium
project and defer or forego the requirement to extend it to the south property
boundary.
Pursuant to the Zoning Code requirements, please find enclosed 20
copies of this letter request, with Appendices; letter of authorization from the
landowner and/or applicant; list of surrounding property owners within 300 feet of
the subject property; and the filing fee of $250.
Mr. Christopher Yuen
February 7, 2006
Page 3
Should you have any questions on this matter, please feel free to contact
me. Thank you very much.
SQi1nFerely,
SFUKE
Planning Consultant
Enclosures
Copy - Mr. Bill Brooks, Seascape Development, LLC w/ enclosures
0. of „ '
COUNTY OF HAWAII tiww . STATE OF HAWAII
BILL NO. 30.0
Draft 3
ORDINANCE NO. 04 106
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO
MULTIPLE FAMILY RESIDENTIAL (RM-4) AT O`OMA 1sT, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7-3-10:PORTION OF 3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAFI:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
0,14~ The district classification of the following area situated at O`oma 151, North Kona,
Hawaii shall be Multiple Family Residential (RM-4):
Beginning at the Northwest comer of this parcel of land, along Lot 12-B of Kalaoa-Ooma
Homesteads, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "MOANUIHEA", being 8,900.19 feet South and 21,219.35 feet
West, and running by azimuths measured from true South:
1. 270° 00' 00" 537.94 feet along the remainder of Lot 13-A of
Kalaoa-Ooma Homesteads, being also along
the remainder of Grant 5472 to William
Keanaaina;
2. 354° 19' 00" 245.12 feet along the remainder of Lot 13-A of
Kalaoa-Ooma Homesteads, being also along
the remainder of Grant 5472 to William
Keanaaina;
APPENDIX A
Thence along the remainder of Lot 13-A of Kalaoa-Ooma Homesteads, being also
along the remainder of Grant 5472 to
William Keanaaina on a curve to the right
with a radius of 800.00 feet, the chord
azimuth and distance being:
3. 5° 07' 30" 300.04 feet;
4. 15° 56' 00" 346.66 feet along the remainder of Lot 13-A of
Kalaoa-Ooma Homesteads, being also along
the remainder of Grant 5472 to William
Keanaaina;
5. 98° 09' 20" 205.69 feet along the middle of a stonewall, being
also along Government Land;
6. 98° 34' 20" 201.88 feet along the middle of a stonewall, being
also along Government Land;
7. 1760 52' 50" 292.08 feet along the middle of a stonewall, being
also along Lot 12-B of Kalaoa-Ooma
Homesteads;
8. 177° 41' 50" 525.60 feet along the middle of a stonewall, being
also along Lot 12-B of Kalaoa-Ooma
Homesteads to the point of beginning and
containing an area of 10.001 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(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
2
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Within three years from the enactment of the ordinance the applicant shall provide
assurance satisfactory to the Department of Water Supply and the Planning
Director, upon consultation with the Department of Health and the Department of
Land and Natural Resources, that a water source(s) of sufficient quality, quantity,
and related transmission and storage system can be established.
C. The actual development of the water source and its water transmission, storage,
and distribution system shall be developed in conjunction with Final Plan
Approval or Final Subdivision Approval, whichever occurs first. In lieu of actual
CO construction of these improvements, the applicant may enter into an agreement
with the County to assure that the infrastructure improvements will be constructed
together with the appropriate bond, surety or other security deemed acceptable by
the County. Upon execution of such agreement and filing of the security with the
County, Final Plan Approval or Final Subdivision Approval shall be granted prior
to the actual construction of required improvements, provided further and final
approval of any residential structures shall not be issued until the approved water
source is developed and its transmission, storage, and distribution system for such
source to the subject property has been constructed and accepted for dedication to
the Water Board.
D. The proposed dwelling units shall not exceed the number of units of water that are
available and have been committed to the subject property by the Department of
Water Supply or other approved water source. Any further development shall
occur only when sufficient County water becomes available by construction of
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on- and off-site water system improvements. All water system improvements
shall meet with the requirements of the Department of Water Supply prior to the
issuance of the Certificate of Occupancy for any residential unit.
E. Final Subdivision Approval of the subject property shall be secured within five
(5) years from the effective date of this ordinance. Lot boundaries of the new lots
created by any subdivision shall be consistent with zoning district boundaries to
avoid split-zone parcels.
F. Construction of the proposed development shall be completed within five (5)
years from the effective date this ordinance. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director 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). The applicant shall include native species
among the plants used for landscaping.
G. All driveway connections to Kakahiaka Street and Homestead Road shall conform
to Chapter 22, Streets and Sidewalks, of the Hawaii County Code.
H. The applicant shall construct the extension of Kakahiaka Street through the
subject property (TMK:7-3-10:3) as a 50-foot wide street to dedicable standards
with concrete curb, gutter and sidewalk improvements along one side of the road.
The road shall be constructed in the manner specified by the Department of Public
Works and shall be on an alignment meeting with the approval of the Planning
Director in consultation with the Department of Public Works. The applicant
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shall construct all improvements prior to the issuance of a Certificate of
Occupancy and dedicate them to the County upon request.
I. To reduce potential impact to residents in Kona Palisades and Kakahiaka Street,
occupancy of the project shall not be allowed until the connection of the Lokahi
project (TMK: 7-3-10:48) to the Midlevel Road (a street connecting to
Ka'iminani Drive from the south, makai of the Kona Palisades subdivision) and
the construction of the Midlevel Road from the Lokahi project to Ka'iminani
Drive, has been constructed. In lieu of this condition, the applicant may improve
Homestead Road from the north boundary of TMK: 7-3-10:3 from the
intersection of Kakahiaka Street to alignment of the Midlevel Road, and construct
the Midlevel Road to Ka'iminani Drive. The roads and connections shall be
constructed in a manner meeting with the approval of the Department of Public
Works and on an alignment meeting with the approval of the Planning Director in
consultation with the Department of Public Works, Traffic Division, prior to
occupancy of the project.
J. Install streetlights, signs, and markings meeting with the approval of the
Department of Public Works, Traffic Division prior to the issuance of a
Certificate of Occupancy.
K. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawaii County Code.
L. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage master plan shall be prepared
and submitted to the Department of Public Works prior to issuance of Final Plan
Approval. Any drainage improvements shall be constructed meeting with the
approval of the Department of Public Works prior to the issuance of a Certificate
of Occupancy.
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M. An Archaeological Data Recovery and Preservation Plan shall be submitted for
the review and approval of the Planning Director, in consultation with the
Department of Land and Natural Resources-State Historic Preservation Division
(DLNR-SHPD). All site(s) identified for preservation in the inventory survey and
approved by the State Historic Preservation Division shall be included within the
preservation plan. A copy of the approved Final Archaeological Data Recovery
and Preservation Plan shall be submitted to the Planning Director for its files prior
to submitting plans for Final Plan Approval review or prior to the issuance of any
land alteration permits.
N. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigative measures have been taken.
0. The applicant(s) shall comply with all applicable laws, rules, regulations and
requirements of other affected agencies, including the Department of Public
Works, Department of Water Supply and Department of Health.
P. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be
increased or reduced proportionally if the unit counts are adjusted. The fair share
contribution shall become due and payable prior to receipt of Final Plan Approval
or within five (5) years from the effective date of this change of zone ordinance,
whichever occurs first. The fair share contribution for each lot shall be based on a
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t maximum density for each lot as determined by the zoning resulting from this
change of zone. The fair share contribution in a form of cash, land, facilities or
any combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a maximum
combined value of $6,206.06 per multiple family residential unit. Based upon the
applicant's representation of intent to develop a total of one hundred (100) multi-
family residential units, the indicated total of fair share contribution is
$620,606.00 for the multi-family residential units. However, the total amount
shall be increased or reduced in proportion with the actual number of units
according to the calculation and payment provisions set forth in this Condition P.
The fair share contribution shall be allocated as follows:
1. $3,061.27 per multiple family residential unit for the 100-unit multi-
family development for an indicated total of $306,127.00 to the County to
support park and recreational improvements and facilities;
2. $96.75 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $9,675.00 to the County to support
police facilities;
3. $297.62 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $29,762.00 to the County to support
fire facilities;
4. $132.65 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $13,265.00 to the County to support
solid waste facilities;
-7-
S. $2,617.77 per multiple family residential unit for the 100-unit multi-
family development for an indicated total of $261,777.00 to the State or
County to support road and traffic improvements.
The Fair Share requirements as contained herein shall be waived for the proposed
residential development upon satisfaction of all of the following:
a. That, as represented by the Applicant, 100% of the residential units
constructed within the project area shall be sold at prices affordable to
residents of the County of Hawaii earning no more than 140% of median
income at the time of development. More specifically, the units shall be
within the then current Affordable Sales Guidelines as established by the
Department of Housing and Urban Development for a family of four earning
no more than 140% of the County of Hawaii median income;
b. That a minimum of 75% of the units shall be made available to owner-
occupant buyers in accordance with Part VI, Chapter 514, HRS, relating to
"Sales to owner-Occupants"; and
c. That the applicant shall submit evidence to the County Housing Agency that
the sales prices were within the Affordable Guidelines as established above.
Should the residential unit price exceed the then current Affordable Sales Price
Guidelines, the Fair Share requirements shall become immediately due and
payable.
Q. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented,
a. As represented by the Applicant, 100% of the residential units constructed
within the project area shall be sold at prices affordable to residents of the
_8_
County of Hawaii earning no more than 140% of median income at the time
of development. More specifically, the units shall be within the then current
Affordable Sales Price Guidelines as established by the Department of
Housing and Urban Development for a family of four earning no more than
140% of the County of Hawaii median income;
b. That a minimum of 75% of the units shall be made available to owner-
occupant buyers in accordance with Part VI, Chapter 514, HRS, related to
"Sales to Owner-Occupants"; and
c. That the applicant shall submit evidence to the County Housing Agency that
the sales prices were within the Affordable Guidelines as established above.
Should the residential unit price exceed the then current Affordable Sales Price
Guidelines, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy.
R. 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.
S. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and the extent to which the conditions
of approval are being complied with and sales records for the project identifying
amount units were sold for and proof that units were sold to owner-occupants.
The annual report shall also provide documentation satisfactory to the Planning
Director to evidence the actual sales prices of the units sold. This condition shall
remain in effect until all of the conditions of approval have been satisfied and the
-9-
Planning Director acknowledges that further reports are not required.
T: An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant(s), its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
U. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-10-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY: 1
n ~J ~r
COJ - CIL M `SE COUNT OF HAWAI I
Kona Hawaii
Date of Introduction: August 18, 2004
Date of I st Reading: August 18, 2004
Date of 2nd Reading: September 15, 2004
Effective Date: September 22, 2004
REFERENC5 Comm. _-692.4
l
-11-
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona Hawaii ! SAP Z7 pFr. ,
(Draft 3
Introduced By: Leningrad Elarionoff ROLL CALL VOTEL.,:.
Date Introduced: August 18, 2004 AYES NOES ABS EX.
First Reading: August 18, 2004 Arakaki X
Published: August 29, 2004 Chung X
Elarionoff X
REMARKS: September 1, 2004-Deferred Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler x
7 0 2 0
Second Reading: September 15, 2004
To Mayor: September 17, 2004 ROLL CALL VOTE
Returned: September 22, 2004 AYES NOES ABS EX
Effective: September 22, 2004' Arakaki X
Published: September 28, 2004 Chung X
*f Elarionoff X
REMARKS: Holschuh X
Jacobson X
Reynolds x
Safarik X
Tulang X
Tyler x
7 2 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated
above.
APPROVED AS TO `
FORM AND LEGALITY: !l
NCIL CHAIRMAN
'DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII `
EO LINTY CLERK
Date r~BillNo.: 300 (Draft 3)
C-699.4/PC-106
rov isapproved this day Reference:
I of rn 20 o, Ord: 04 '.L,OG
,4YOR, OF HAWAII
5
W
K t, RS-15 A -5a
A-5a
RS-10
Z
Q AGRICULTURAL (A-5a)
TO MULTIPLE-FAMILY 3
A-5a RESIDENTIAL RM-4
RS-10 10.001 ACS. .
Ka ~ A-5a
t.
CH-f0 A-5a
y
A-5a
mF
8,900.1g s
21,219.35 W
"MOANUTAHEA'A OPEN
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OPEN cmc OPEN
4m OPEN -
OP N
-5a -5a OPEN OPEN
A 52
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7,200 1,100 0 2,200 4,400 6,600 8,800 11,000
Feel
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO MULTIPLE FAMILY RESIDENTIAL (RM-4)
AT OOMA 1 st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-010:Por. 003 Date: June 1, 2004
EXHIBIT "A" (WESTPRD:1128)
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9 Slto Plan ARCHITECTS
ARCHITECTS - PLANNERS • ENGINEERS
>SIM1a HVALALAl ROAD. 9VITC JOI - KAILUMKONA • HI -9lNy
PHON@ (808) 339.d]T1' AAX (HO81 811-1111' gwwalllvnElbenenm
APPENDIX B
5
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7,200 1,100 0 2.200 4,400 6,600 8,B00 11,000
Feel
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO MULTIPLE FAMILY RESIDENTIAL (RM-4)
AT OOMA 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-010:Por. 003 Date: June 1, 2004
EXHIBIT "A APPENDIX C (WESTPRO:1128)
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APPENDIX - f ~ R°qa
Kq L A n
~L1G~
llarry Kim Christopher J. Yuen
Mayor Director
'TT xx oF.P
9JE Of HP:N
Roy R. Takemoto
Deputy Direciar
(9vuldia lIf P~UJIVUTT
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808) 961-8288 • Fax(808)961-8742
July 21, 2005
Mr. Bill Brooks
Entitlement Manager
WESTPRO HOLDINGS, LLC
75-143 Hualalai Road, #202
Kailua-Kona, HI 96740
Dear Mr. Brooks:
SUBJECT: LOKAHI AI ICI - SUB 2002-0051
TMK: 7-3-010:003
I am writing in response to your email of June 7, 2005, referring to our meeting of May
20, 2005. I apologize for the delay in answering this email. I will refer to your points in
order.
1. 1 did reaffirm the obligation to complete the makai access road in Lokahi Makai
so that traffic from the Westpro developments would not use Kakahiaka St.
exclusively.
2. We had a discussion about "workforce housing", but the county needs to have
more discussions about the pros and cons of this. "Workforce housing" means
affordable housing that is earmarked for particular employers who contribute to
the development of that housing.
3. On Lokahi Kau, SUB 2002=0051: we can facilitate final subdivision approval for
a bulk lot subdivision, without actual construction of the extension of Kakahiaka
and other improvements, if the developer records a covenant running with the
land, covering all the lots created by the subdivision, prohibiting the issuance of a
building permit on any of the parcels. The covenant could be removed only upon
Hawaii County is an Equal Opportunity Provider and Employer.
APPENDIX E
Mr. Bill Brooks
Entitlement Manager
WESTPRO HOLDINGS, LLC
Page 2
July 21, 2005
written agreement of the Planning Director, who would be required to consent
upon the developer doing the things normally required for final subdivision
approval: i.e. getting approved construction plans, and building the
improvements, or providing a bond or other satisfactory security. We would have
to approve the language of the covenants. We would put a maximum time limit
of one year after the initial final subdivision to actually bond or construct the
improvements. We also need a written understanding that this initial final
subdivision approval does not satisfy the 5 year time limit in Condition "E" of
Ord. 04-105. This time limit will have to be met by the construction or bonding
of the improvements within five years, with the possibility of a time extension.
4. Re the Kakahiaka St. extension: currently, Condition "H" of Ord. 04-105 requires
the construction of Kakabiaka St. through the parcel. You requested that it only
extend to the entrance of the Seascape condominium site. Because the adjoining
property to the south is vacant State land with no firm plans for development, I
would be willing to support a change to this requirement so that the extension
could be delayed until development was occurring on the state land, or until other
road extensions to the south made it possible to connect Kakabiaka St. to those
roads. (The "Mid-Level" road corridor should be close to the south boundary of
T.M.K. No. 7-5-10:003.) I cannot administratively authorize this; it must be done
by amendment to the ordinance, which I would support. The extension of
Kakahiaka would be a contingent obligation that would have to be a lien against
at least one of the parcels resulting from SUB 2002-051.
5. I haven't spoken to DPW about delaying the development of the Homestead Road
to the 3rd phase of T.M.K. No. 7-5-10:003. ("Seascape", Ord. 04-105, is the first
phase, and this is assuming that development continues in 10-15 acre phases.)
This would be a decision made in the next rezoning, for which both DPW and the
Planning Department would make a recommendation to the council. For a project
of predominantly affordable units such as discussed in the next paragraph, I will
support delaying improvement of the Homestead Road to the third phase, as long
as the connecting road from Lokahi Makai is built as required in Condition "I" of
Ord. 04-105.
6. We are strongly in favor of affordable housing in Kona, hence you correctly state
my support for a boundary amendment and rezoning of the entire T.M.K. 7-5-
10:003 to permit up to 440 units, with a minimum of 65% affordable, including
Mr. Bill Brooks
Entitlement Manager
WESTPRO HOLDINGS, LLC
Page 3
July 21, 2005
5,000 square foot single family lots through a PUD. These changes will, of
course, include site-specific conditions that will emerge as the applications are
reviewed.
7. Re the crediting of affordable units before they are actually constructed for the
purpose of "excess credits": at an early stage, the county can issue a letter stating
in principle that if the affordable developer constructs X number of affordable
units and sells or rents them at the affordable rate, that this will generate Y
number of "excess credits" that can be sold to a_market developer within the 15
mile radius. In order for the Planning Department to completely release the
market developer from any affordable housing obligation, relying on the "excess
credits", we would need proof that the affordable units would be completed and
sold or rented at the stated price. This could be (1) a construction bond
guaranteeing completion of the affordable units, and (2) a recorded agreement
with the affordable developer that the units would be sold or rented at the
affordable price when complete, with consents by the lender and any other
lienholders. We would, of course, also need confirmation by the affordable and
market developers of the transfer of the excess credits.
I hope this satisfactorily answers your questions, obviously, some of these issues need
more discussion.
Sincerely,
C4.
CHRISTOPHER J. EN
Planning Director
CJY:pak
Wpwin6D/ChrisBill Brooks- Westpro response
cc: Mr. Ed Taira
Mr. Roy Takemoto
Mr. Daryn Arai
SUB 2002-051
REZ 1047
TMK: 7-3-010:003
OOM
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ggF ° r` Planning Dept. 9
es" x Fi ` Exhibit
8"-~
„Sr uI X~
Lawrence K. Mahuna
Harry Kim ~}e S+ }}p
Mayor LUd1D t IRR 3 1 (9 1 Police Chief
CCJIIj`J J Y 1I- HAWNI r. a~ Harry S. Kubojiri
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street Hilo, Hawaii 96720-3998
(808) 935-3311 Fu(808)961-2389
February 23, 2006
TO CHRISTOPHER J. YUEN,, PLANNING DIRECTOR
FROM ,X'ONALD TINA CHI, ISTAN-T PO E CHIEF,
AREA II OPERATIONS
SUBJECT: Change of Zone (REZ 1047)
Applicant: Seascape Development, LLC
Request: Amendment to Condition H of Change of Zone
Ordinance No. 04-106
Tax Map Key: 7-3-10: portion 3
Staff has reviewed the above-referenced application for amendment and submits
the following comments.
Staff maintains that until such time as adequate roads are built to support the
ever-growing population, construction, and additional vehicles on our roadways,
additional and/or amended development must adhere to the County's proposed
policy on the principle of concurrency.
The applicant requests an amendment to Condition H of Change of Zone
Ordinance No. 04-106, which proposes limiting the improvement of Kakahiaka
Street to the entrance of the Seascape project. The developer also wishes to
defer completion of the connector road south of the Seascape project.
Staff recommends that the developer be required to comply with the original
Condition H and complete the required section of roadway. Staff further
suggests that the developer install temporary barricades to prevent vehicles from
going beyond the Seascape project until the roadway is completed.
of 5 a`w'
Planning D&Ph
"Hawai' i County is an Equal Opportunity Provider and Employer"
Exhibit
It is staff's opinion that the practice of deferring connector road construction does
not work and sets a negative precedence.
Should you have any questions, please contact Captain Paul Kealoha, Kona
District Commander, at 326-4646, extension 249.
2006 RRH 7 P19 ? 57
pHnarry Kim T p Darryl J. Oliveira
PL1VNi`~t'~& `.-('fARTMENT Fire Chief
COUN I i OF HAWAII Desmond K. wery
~4•°i e~'M - Deputy Fire Chief
(fountp of buaci`i
FIRE DEPARTMENT
25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720
(808) 961-8297 • Fax (808) 961-8296
March 6, 2006
TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 1047)
APPLICANT: SEASCAPE DEVELOPMENT, LLC
REQUEST: AMENDMENT TO CONDITION H OF CHANGE OF ZONE
ORDINANCE NO. 04-106
TAX MAP KEY: 7-3-10:PORTION 3
In regards to the above-mentioned Change of Zone application, the following shall be in accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sea 10.207. (a) GeneraL Fire apparatus access roads shall be provided and maintained in
accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route around
the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional fire
protection as specified in Section 10.301 (b).
Planning Dent. ~Piiea~y
Exhibit 0:11709 _ `
Hawaii County is an Equal Opportunity Provider and Employer.
Christopher J. Yuen
March 6, 2006
Page 2
"3. When there are not more than two Group R, Division 3 or Group M Occupancies,
the requirements of this section may be modified, provided, in the opinion of the chief,
fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed and
maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section may be
increased when, in the opinion of the chief, vertical clearances or widths are not adequate to
provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved
by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
"(1) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximmn
approved by the chief." (15%)
Christopher I Yuen
March 6, 2006
Page 3
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any mariner, including parking of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and prohibit the
obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.30l(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire
protection shall be provided to all premises upon which buildings or portions of buildings are
hereafter constructed, in accordance with the respective county water requirements. There
shall be provided, when required by the chief, on-site fire hydrants and mains capable of
supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other
fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county water
requirements. All hydrants shall be accessible to the fire department apparatus by roadways
meeting the requirements of Section 10.207.
AkLIV-E-IRA
Fire Chief
AY:lpc
2006 M99 21 Pri 2 33
!~~riJ~T~i/f /}ENT
OW~~ f I~ (VOut~11 `L/1- HAWAII
DEPARTMENT OF WATER SUPPLY ~ COUNTY OF HAWAII
o
o~~or 8nw~1~~~ 345 KEKOANA&A STREET, SUITE 20 HILO, HAWAVI 46720
TELEPHONE (808) 961-8050 • FAX (808) 961.8657
October 10, 2005
"a.A~) 4...a 81 V Wm Nsf.)'
Seascape Development, LLC
c/o Sylvester ("Bud") Quitiquit OCT 12 2005
Brooks, Tom, Porter & Quitiquit, LLP
75-1000 Henry Street, Suite 208 BTFQ
Kailua-Kona, HI 96740
WATER DEVELOPMENT AGREEMENT
INSTALLATION OF A 700 GPM PUMP IN DWS-WELL NO. 4358-01 IN EXCHANGE
FOR 125 WATER EQUIVALENT UNITS AND A 15% FACILITY CHARGE CREDIT
Enclosed herewith is a fully executed copy of the Water Development Agreement between the
Water Board of the County of Hawaii and Seascape Development, LLC.
If you have any questions, please contact Mr. Glenn Ahuna at 961-8070, extension 238.
Sincerely yours,
/ilton Pavao, IT.E.
Manager
did
Enclosure
cc: Glenn Ahuna, DWS Engineering Division
Planning Dept.
Exhibit
Water dring,4 prorela...
Th.
WATER DEVELOPMENT AGREEMENT .
This Water Development Agreement ("Agreement") is entered into this 4th day of
October 12005, by and between the WATER BOARD OF THE COUNTY OF
HAWAII ("Water Board', and SEASCAPE DEVELOPMENT, LLC, a Hawaii Limited
Liability Company ("Seascape"):
RECITALS
WHEREAS, Seascape is the fee simple owner of, and is desirous of developing, that
certain parcel of real property situate at O'oma, District of North Kona, Island and County of
Hawaii, State of Hawaii, commonly known as a portion of Lot 13-A of the "Kalaoa-O'oma
Homesteads," Tax Map Key Number (3) 7-3-01 O:portion of 003, and containing an area of
approximately ten (10) acres (the "Land");
WHEREAS, the County Council of the County of Hawaii has, by adoption of Ordinance
No. 04-106,-imposed certain conditions with respect to the change of the district classifications
of the Land from Agricultural (A-5a) to Multi-family Residential (RM-4), which include, but are
not limited to the following;
(1) Within three years from the enactment of the ordinance the applicant
[Seascape] shall provide assurance satisfactory to the Department of
Water Supply and the Planning Director, upon consultation with the
Department of Health and the Department of Land and Natural Resources,
that a water source(s) of sufficietit quality, quantity, and related
transmission and storage systems can be established.
(2) The actual development of the water source and its water tratsmission,
storage, and distribution system shall-be developed in conjunction with
Final Plan Approval or Final Subdivision Approval, whichever occurs
first. In lieu of actual construction of these improvements, the applicant
may enter into an agreement with the County to assure that the
infrastructure improvements will be constructed together with the
appropriate bond, surety or other security deemed acceptable by the
County. Upon execution of such agreement and filing of the security with
the County, Final Plan Approval or Final Subdivision Approval shall be
granted prior to the actual construction of required improvements,
provided further and final approval of any residential structures shall not
be issued until the approved water source is developed and its
transmission, storage, and distribution system for such source to the
subject property has been constructed and accepted for dedication to the
Water Board.
(3) The proposed dwelling units shall not exceed the number of units of water
that are available and have been committed to the subject property by the
Department of Water Supply or other approved water source. Any further
development shall occur only when sufficient County water becomes
available by construction of on-site and off-site water system
improvements. All water system improvements shall meet with the
requirements of the Department of Water Supply prior to the issuance of
the Certificate of Occupancy for any residential unit;
WHEREAS, the Water Board/Department of Water Supply ("DWS")'s Kalaoa Well
(designated Well No. 4358-01 by the Commission on Water Resource Management) situated on
TMK (3) 7-3-004:017 (hereinafter referred to as the "Kalaoa Well"), was outfitted with a 300
gallon per minute ("gpm") pump;
WHEREAS, the Kalaoa Well's 300 gpm pump is currently not operating and was
removed and inspected by the DWS at a cost of $72,500.00;
WHEREAS, DWS intended to replace the Kalaoa Well's 300 gpm pump with another
300 gpm pump;
WHEREAS, DWS's existing system, including the Kalaoa Well outfitted d ith a 300 gpm
pump, transmission lines and related facilities are in the vicinity of the Land, but dp not have the
capacity to satisfy the requirements of the proposed development of the Land by Seascape;
WHEREAS, Seascape is desirous of entering into'an agreement with the Water Board to
provide additional capacity to the existing water system so that it may develop the and pursuant
to Ordinance 04-106 and obtain final plan approval or final subdivision approval of Seascape's
proposed development of the Land;
WHEREAS, in order to facilitate the development of the Land as proposed by Seascape,
Seascape is willing, upon the terms and conditions set forth_in this Agreement, to design,
construct, replace, and otherwise create and establish additional capacity within DW$'s existing
water system which would provide water service to the Land, and to construct and install the
transmission, storage and distribution facilities required in connection with such increased
capacity;
WHEREAS, Seascape has provided DWS a letter from Steven Bowles dated 10-21-04
(See attached Exhibit "A") which represents that the safe yield of the Kalaoa Well is 700 gpm;
WHEREAS, the Water Board is willing, based upon the letter from Steven Bowles, to
allow Seascape to develop and increase the capacity of the existing water system, as.Seascape
would only be utilizing a portion of the additional safe yield of the well and the expansion of the
existing water system is in the best interests of the general public, as it would provide further
back-up and distribution for the North Kona water system and provides water for an affordable
housing project;
2
I
WHEREAS, off-site water system improvements are being completed by another
developer, Wainani 42, LLC, so that TMKs (3) 7-3-010-027 ("Wainani's Development") can be
served. The improvements for Wainani's Development, when completed, along with Seascape's
proposed improvements as outlined in this Agreement, when interconnected, will be necessary
for Seascape to be able to be provided any water as provided for in this Agreement;
AGREEMENT
NOW THEREFORE, in consideration of the covenants, conditions, and agreements of
the parties as set forth herein, and the mutual benefit to be derived by the parties therefrom, the
parties hereby agree as follows:
1. SEASCAPE'S OBLIGATIONS.
a. Seascape shall proceed at Seascape's sole cost and expense, to..purchase and
install, upon consultation with and written approval by DWS, a 700 gpm
pump and motor with a variable frequency drive acceptable to DWS in the
Kalaoa Well. Seascape understands that it is of vital importance-and part of
its consideration to the DWS and Water Board that the installation of this 700
gpm pump and motor with controls take place as swiftly and diligently as
possible, and shall be installed and made operational within no npre than 270
days from the date of this Agreement. If for any reason Seascape does not
timely purchase, install and make oper ®tional said 700 gpm pump and motor
with controls in DWS' Kalaoa Well as specified herein, said failure will be
considered a material breach of this Agreement, and DWS and Water Board
shall be entitled to all legal and equitable remedies, including termination of
this Agreement.
b. The parties acknowledge that upon installation of the 700 gpm pump and
motor with controls, the capacity of the pump shall be throttled bqk to 500
gpm or less until and unless an Environmental Assessment is prepared and
filed in accordance with Chapter 343 H.R.S. by Seascape for the iocreased
capacity of 700 gpm. Said Environmental Assessment shall be eprupleted
within one (1) year from the date of this Agreement. Seascape skull reimburse
DWS for any and all energy costs incurred by DWS for the decreased
efficiency between running the pump at 500 gpm rather than 700 gpm.
Seascape shall make said payment to DWS within thirty (30) days of being
presented with such costs by DWS.
c. If Seascape is unable to obtain an Environmental Assessment, or if the
Environmental Assessment indicates it is not appropriate to increase the pump
rate to 700 gpm, or if upon first operating the pump at 700 gpm, the draw
down is not acceptable to DWS, then Seascape agrees that it will remove the
700 gpm variable speed pump and motor with controls and replace it with a
non-variable speed 500 gpm pump and motor with controls or other pump and
3
motor with controls as required by DWS based on the safe yield within one
(1) year of being requested to complete such a replacement. If Seascape
replaces the 700 gpm variable speed pump as set forth in this paragraph, the
removed 700 gpm variable speed pump will become the property of Seascape
and DWS shall have no interest in or responsibility for said pump.
d. Seascape shall at its sole cost and expense obtain the Environmental
Assessment and comply with any other County, State and Federal
requirements for the increased capacity of the 700 gpm pump in the Kalaoa
Well except that DWS shall submit an application for the permit for the
increased capacity of the Kalaoa Well based on the outcome of the
Environmental Assessment.
e. Upon installation of the 700 gpm pump and motor with controls and
inspection and approval by DWS that said pump and motor with controls are
complete and in full working condition, said 700 gpm pump and motor with
controls shall become the property of the Water Board upon their acceptance
thereof, and Seascape agrees that it will cause its subcontractor to provide a
full warranty of guarantee covering parts and labor for at least one year from
the date of acceptance by Water Board.
f. Seascape shall not allow any mechanic's lien to attach to DWS's property and
shall immediately remove said lien should one attach. If DWS incurs any
costs, fees or expenses in removing said lien, DWS shall be able too deduct all
such amounts from any credits Seascape`lnay be entitled to underithis
Agreement, as well as pursue any other legal and equitable remedies.
g. Seascape agrees to pay prevailing wages to any contractor it hires to complete
said work as required by State and Federal law, and comply with any other
applicable State or Federal laws in doing construction on a public. work in its
installation of the pump(s) and motor(s) with controls as described in this
Agreement.
h. Seascape shall pay to DWS the sum of $40,800 as a partial reimbursement for
the removal of the 300 gpm pump and motor from the Kalaloa Well within
ninety (90) days of the signing of this Agreement as Seascape would have
incurred this expense in upgrading the pump and motor with controls from the
300 gpm pump and motor with controls to the 700 gpm pump and motor with
controls. This payment of $40,800, along with the additional $31,700 which
DWS paid for the removal and inspection of the 300 gpm pump, may be
included in "Seascape's contribution" for determining whether Seascape has
met the threshold amount for receiving credit for facilities charges as provided
for in Section 3 paragraph b below.
i. Seascape understands and agrees that the following off-site water
improvements for the Wainani Development (collectively referred to as
4
"Wainani's Improvements"), which are being constructed by Wainani 42,
LLC, must be bonded in order for Seascape to get final subdivision or plan
approval, and must be completed before Seascape obtains ANY water service
from DWSt, for Seascape's Land:
1) Bypass the Kalaoa Booster Pump Station along Mamalahoa
Highway with a PRV/solenoid valve that is controlled by telemetry
from the Kalaoa 0.3 mg tank (1815 overflow (OF) elevation);
2) Installation of a 6-inch waterline interconnection along Keokeo
Street from Kaiminani to Ihumoe streets;
3) Installation of a 0.5 mg concrete tank with a 550 foot OF elevation
(oversizing above 0.3 mg to be paid by DWS);
4) Installation of an 8-inch influent waterline from an existing 8-inch
waterline along Kaiminani at Keokeo Street to the new 0.5 mg tank;
and
5) Installation of a 12-inch effluent waterline from the new 0.5 mg tank
to Kapuahi Street.
J. All construction and installation by Seascape pursuant to this Agreement shall
conform to and be in compliance with the Rules and Regulations of the DWS
and the Water System Standards and all such construction and installations
shall be approved by the DWS..
k. Seascape intends to design and construct a one (1) million gallon pre-stressed
concrete reservoir mauka of the existing Kalaoa Well site, constrit6t a 12-inch
water transmission line from the existing reservoir on TMK (3) 7-3-004:017
to the Mamalahoa Highway, a 16-inch water transmission line along
Mamalahoa Highway to where the water transmission line joins the existing
water transmission lines at Kaiminani Street and complete an environmental
assessment and get all approvals necessary to increase the 700 gpnl pump
described above from the throttled back 500 gpm to the 700 gpm s~ that
Seascape may be provided additional Equivalent Units for the development of
the remaining portion of Seascape's TMK (3) 7-3-010:003. However,
because Seascape does not currently own property suitable for the one (1)
million gallon pre-stressed concrete reservoir, and because the necessary
approvals to increase the pump from 500 gpm to 700 gpm have not been
received, among other things, Seascape is not in a position at this time to enter
into an agreement with the Water Board for the provision of said additional
Equivalent Units. A subsequent agreement between Seascape and the Water
Board will have to be negotiated in order for Seascape to have any further
'Seascape represents that Seascape's manager Westpro Holdings LLC ("Westpro") understands, acknowledges and
agrees that the Wainani Development improvements described herein must be completed before Westpro can obtain
water service from DWS for either their Seascape or Lokahi Makai - Phase 2,3,4, & 5 projects with the exception
of Lokahi Makai - Phase 2 which would be allowed with the improvements as specified exclusive of items 3)
through 5) of this paragraph.
5
Equivalent Units granted to TMK (3) 7-3-010:003. This subsequent
agreement is hereinafter referred to as "Agreement II".
1) If Seascape completes all of the improvements anticipated to be
required as a part of Agreement II, it may be entitled to receive
facilities charge credit under Section 4-6(3) and (4) of the DWS
Rules and Regulations ("Future Facilities Charge Credits") against
the then prevailing facilities charges that will be owed to DWS for
the Equivalent Units granted in Agreement II ("Future Facilities
Charges").
2) DWS will not allow Seascape the Future Facilities Charge Credits to
be used or applied against the facilities charges Seascape will owe
DWS for the 125 Equivalent Units granted as part of this Agreement.
3) However, should Seascape actually complete all improvements
anticipated to be a part of Agreement II and be entitled to Future
Facilities Charge Credits under Agreement II, DWS will also
provide Seascape a credit against the Future Facilities Charges which
will be calculated by taking the same percentage given In: Future
Facilities Charge Credits and applying it to the facilities charges paid
by Seascape for the 125 Equivalent Units given in this Agreement.
• For example, Seascape will owe DWS $687,500 ($5,500 x 125)
in facilities charges for the 125 units given as part of this
Agreement. The maximum credit Seascape may obtain against
those facilities charges for improvements completed per this
Agreement is 15% of $687,500 for outfitting a well per Section
4-6(2) of the DWS Rules and Regulations or $103,125. If
Seascape receives a Future Facilities Charge Credit of 50% under
4-6(3) and (4) against Future-Facilities Charges for additional
water system improvements under Agreement II, then when
Seascape completes those improvements and otherwise becomes
entitled to receive the Future Facilities Charge Credit, it will also
receive a credit against the Future Facilities Charges: in the
amount of $343,750 (50% of $687,500).
1. Within ninety (90) days of execution of this Agreement by the parties,
Seascape shall provide a performance and payment bond or other security as
approved by DWS for the cost necessary for the purchase and installation of
the 700 gpm pump and motor, as well as all controls and other necessary
facilities to put the Kalaoa Well back into production, In an amount acceptable
to the DWS plus an additional thirty percent (30%).
6
2. WATER BOARD'S OBLIGATIONS
Upon the execution of this Agreement and submittal of the bonds described
herein, including bonds for the completion of Wainani's Improvements, the DWS
shall forward the appropriate letter to the Planning Department, necessary for
Seascape to obtain Final Plan Approval or Final Subdivision Approval to proceed
with the design and construction of the 108 unit "Seascape Condominum Project"
("Project") on the Land, it being acknowledged and agreed by Seascape that
further and final approval of any residential structures or water meters and water
service for any structures or for irrigation shall not be issued until the 700 gpm
pump and motor with controls (throttled back to 500 gpm) is fully operational,
and all of Wainani's Improvements, have been constructed and accepted for
dedication by the Water Board. The installation of the 700 gpm water pump or
the 500 gpm pump as provided in paragraph 1 C, and motor with controls will
provide only the allocation of Equivalent Units for the first 108 residential units
and their appurtenant common elements for the Project on the Land as well as 17
units for Phase V of the Lokahi Makai Project.
3. EQUIVALENT UNITS
a. An Equivalent Unit is equal to 600 gallons per day (gpd) maximum daily
water usage. Maximum daily usage is defined as 1.5 times the average daily
usage. The DWS reserves the right to require Seascape to allocate more than
one Equivalent Unit to the development of any lot (residential, condominium
or other).
b. For the Equivalent Units acquired by Seascape pursuant to paragraph 2 above,
Seascape will receive a credit against the then prevailing facilities charges that
would otherwise be. payable by Seascape with respect to such Equivalent
Units pursuant to Section 4-6 (2) of the DWS Rules and Regulatiprts, effective
October 21, 2004. To receive any credit Seascape's contributionmust be
more than the facilities charges.
c. The 108 Equivalent Units granted herein shall remain appurtenant to the Land
and the 17 Equivalent Units granted herein shall remain appurtenant to Phase
V of the Lokahi Makai Project, and all Equivalent Units granted herein shall
be used on their respective lands and shall not be transferable or assignable,
except to successors in interest of those lands or any part thereof.
4. AUTOMATIC EXPIRATION OF EQUIVALENT UNITS
Except as otherwise provided herein, the effective duration of this Agreement,
and the Equivalent Units and facilities charge credits as provided herein shall
expire within twenty (20) years of the date of this Agreement if not actually in
7
use, and any unfulfilled duties and obligations of the parties to this Agreement
shall cease and be null and void without further action by any parry.
5. NO DEEMED APPROVAL
Nothing contained in this Agreement shall be deemed to be an approval of any
construction or installation of Seascape pursuant to this Agreement by any County
of Hawaii department or agency, nor shall this Agreement be deemed to require
any County of Hawaii department or agency to approve any proposed
development of the Land by Seascape.
6. WATER BOARD OWNERSHIP
Upon completion of the construction and installations by Seascape as provided in
this Agreement and the approval and acceptance thereof by the DWS and
dedication to the Water Board, all improvements, installations, equipment and
facilities constructed, installed and provided by Seascape pursuant to this
- Agreement shall become the sole and separate property of the Water Board and
Seascape shall have no right, title, or interest herein or thereto. Specifically,
Seascape does not and will not have any ownership interest in nor any
responsibility to operate or maintain the Kalaoa Well (Well No. 4358-01) or
related facilities, except as provided herein, and shall not be deemed' an agent,
partner, or joint venturer with the Water Board or DWS in connection with the
operation and maintenance of the Kalaoa *ell, and shall not have rights to or an
interest in the water derived from that well, except as provided in this Agreement.
7. FORCE MAJEURE
In the event of any event of "force majeure", i.e. strikes, lockouts, riots,
insurrection, war or other reason of like nature, not the fault of Seascape,
Seascape shall have the right upon written notice to the DWS and the Planning
Director to terminate this Agreement and withdraw from any further or future
obligation or liability hereunder, and the entire agreement shall be null and void.
Seascape will not be entitled to any Equivalent Units and to the extent that any
approvals or changes in zone and/or subdivision approvals have been; given based
upon this Agreement, they shall be revoked and nullified. In the alternative, in
the event of any "force majeure" event, Seascape may elect to have tho time for
performance of any of their obligations under this Agreement extended in an
amount equal to the actual time of the "force majeure" event.
8. INVALIDITY -
If any provision of this Agreement is void or unenforceable for any reason, this
entire Agreement is null and void and neither patty shall have any further
obligation or duty hereunder, however, if this Agreement becomes void or
8
unenforceable, and Seascape has purchased the 700 variable speed pump motor
and controls, DWS may reimburse Seascape for the actual cost thereof, upon
delivery of the same to DWS as said pump will be specifically made to fit the
Kalaoa Well, and could not be used by Seascape or any other entity other than
DWS.
9. NO PARTY DEEMED DRAFTER
The Parties agree that no party shall be deemed to be the drafter of this
Agreement, and further that in the event this Agreement is ever construed by a
court of law, such court shall not construe this Agreement or any provision of this
Agreement against any party as the drafter of this Agreement.
10. APPLICABLE LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Hawaii and any lawsuit shall be brought in the Circuit Court of the
Third Circuit of the State of Hawaii.
11. MODIFICATIONS IN WRITING
This writing contains the entire agreement of the parties hereto conceming the
subject matter hereof, and this Agreement supersedes all other agreements and
understandings (whether oral or written) heretofore or contemporaneously
herewith among the parties. The provisions of this Agreement may hot be
modified, altered or changed except by another written instrument executed by the
parties hereto.
12. BENEFIT
All of the terms, rights, obligations, covenantsand agreements of the parties set
forth in this Agreement shall be binding upon and be for the benefit of the parties
hereto and their respective successor and assigns and shall be recorded at the State
of Hawaii Bureau of Conveyances and/or Land Court as applicable
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year set forth.
RECOM APPROVAL: WATER BOARD OF THE COUNTY
OF HAWAII
Milton D. me o By; `
Manager is Chairman
Departme t o Water Supply
9
APPROVED AS TO SEASCAPE DEVELOPMENT, LLC
FORM AND LEGALITY: a Hawaii Limited Liability Company Deputy Corporation Counsel By: @t ~County of Hawaii Its
Date: q A OS
Attachments: Exhibit A
10
i
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this -.4th day of October 2005, before me personally
appeared IVAN S. MOCHIDA to me known (or proved to me on the basis of
satisfactory evidence) that he is the Chairman , of the WATER
BOARD OF THE COUNTY OF HAWAII, and that the seal affixed to the foregoing instrument
is the seal of the DEPARTMENT OF WATER SUPPLY OF THE COUNTY OF HAWAII, and
that the instrument was signed and sealed in behalf of said WATER BOARD by authority of said
WATER BOARD, and said IVAN S. MOCHIDA acknowledged said instrument to be
the free act and deed of said WATER BOARD.
P ' ame: kpgucfii
Notary Public, State o aware
My commission expires: i, i y g, 9nnr .
0
11
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On this 29`h day of August, 2005 before me personally appeared Alan Dickler to
me personally known to be the person described in and who executed the foregoing instrument,
who, being by me duly sworn or affirmed, did say that he executed the foregoing instrument as
his free act and deed in the capacity shown, having been duly authorized to execute such
instrument in such capacity.
R• 13F~ Print Name: Helen R. Beliean
~v Notary Public, State of Hawaii
= NOTARY p2 <
My commission expires: May 30, 2008
* PUBILIC
~T9 ~F \A
12
EXHIBIT A
u~ omed Fuca erfrervire
P.O. Box 326, Bemuele, HI 96743
Phone (808) 885-5941 Fax (808) 885-7851
email waioao@iotapac.aat
October 21, 2004
Milton Pavao P.E>
Manager
Department of Water Supply
County of Hawaii
345 Kekuanaoa St., Ste. 20
Hilo, Hawaii 96720
Subject: Sustainable Capacity of Kalaoa Well #4358-01
As the your staff and Westpro have requested, I have researched and evaluated data
available for the original pumping tests of the Kalaoa Well 4358-01(see attached data).
I have considered this information and believe that a pumping rate of 700 gpm is
acceptable based on the information. Unfortunately, there was no long well performance
data available with the pumping of the well at 330 gpm.
The original tests were conducted at rates up to 1000 gpm. Over several days pumping,
the water level dropped steadily with a final drawdown of about 96 feet, indicating a
typical high level aquifer condition. At 700 gpm, thd'actual drawdown will start atlabout
50 feet and can be expected to drop over time if pumped continuosly. The actual rate of
drawdown drop is difficult to predict, however if the original pump setting is deep'
enough there appears to be an adequate resource to sustain the well over prolonged
periods of steady pumping,
The water level recovery, following the original long term test in 1991, was quite rapid
thus the 700 gpm rate appears to be very sustainable. Once the new pump is installed, the
water levels should be monitored closely to create a more accurate understanding of long
term sustainability.
Please contact me if you require further information
Sincerely.
Stephen P. Bowles
Cc: Bill Brooks - Westpro
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SidneyFuke, Planning Consultant ~ R 21 om n nn
100 Pauahi Street, Suite 212 + Hilo, Hawaii 96720 • Planning -Variance - Zoning
Telephone: 808 969-1522 • Fax: (808) 969-7996 z I • . Subdivision • Land Use Permits
E-mail: sidfuke@verizon.net January 31, 2006 P CV!l~N F Y OF 'HAWAIiNimronmemal Reports
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Annual Report Requirement - Ord. No. 04-106
TMK: 7-3-10: Portion of 3
On September 15, 2004, the County Council approved Ordinance No. 04-106,
which became effective on September 22, 2004. The subject rezoning ordinance and its
companion State Land Use Boundary amendment ordinance (Ordinance No. 04-105)
allowed the development of a 100-unit multiple-family, affordable housing project,
complete with the required parking (minimum of 125, parking stalls), a parkiplayground
area, and a private wastewater treatment plant. This 10.001-acre site is located about
1,200 feet south of the Kona Palisades Subdivision. Access would be provided by
extending Kakahiaka Street.
Condition S of the subject ordinance required the submittal of an annual report.
Accordingly, on behalf of the landowner, we respectfully request your acceptance of this
letter report, albeit. a few months delinquent, as being in compliance with this
requirement.
The conditions (some of which will be summarized) of Ordinance No. 04-106 and
responses (in italics) thereto follow:
(A) The applicant, successors or assigns shall be responsible for complying with all
stated conditions of approval.
Please be informed that the subject property is now being developed by Seascape
Development, LLC (hereinafter ` Seascape'), an affiliate of the original
applicant, Westpro Development, Inc. The business address of Seascape is still
the same as the applicant, which is P. 0. Box 2808, Kailua Kona, HI 96745.
Accordingly, Seascape will be responsible for complying with all conditions of
approval.
(B) Within three years from the enactment of the ordinance the applicant shall provide
assurance satisfactory to the Department of Water Supply and the Planning
Director, upon consultation with the Department of Health and the Department of
Land and Natural Resources, that a water source(s) of sufficient quality, quantity,
and related transmission and storage system can be established.
012259
Mr. Christopher Yuen, Director
January 31, 2006
Page 2
This has been done. Please refer to response to Condition C.
(C) The actual development of the water source and its water transmission, storage,
and distribution system shall be developed in conjunction with Final Plan
Approval or Final Subdivision Approval, whichever occurs first. In lieu of the
actual construction of these improvements, the applicant may enter into an
agreement with the County to assure that the infrastructure improvements will be
constructed together with the appropriate bond, surety or other security deemed
acceptable by the County. Upon execution of such agreement and filing of the
security with the County, Final Plan Approval or Final Subdivision Approval
shall be granted prior to the actual construction of required improvements,
provided fin-ther and final approval of any residential structures shall not be issued
until the approved water source is developed and its transmission, storage, and
distribution system for such source to the subject property has been constructed
and' accepted for dedication to the Water Board.
Seascape entered into an agreement with the Water Board on October 4, 2005.
This agreement will ensure that adequate County water will be made available for
this development.
(D) The proposed dwelling units shall not exceed the number of units of water that are
available and have been committed to the subject property by the Department of
Water Supply or other approved water source. Any further development shall
occur only when sufficient County water becomes available by construction of
on- and off-site water system improvements. All water system improvements
shall meet with the requirement of the Department of Water Supply prior to the
issuance of the Certificate of Occupancy for any residential unit.
The proposed number of dwelling units will not exceed the amount of water
commitment available to this site. The water improvements will be completed
prior to issuance of any occupancy permit for the project.
(E) Final Subdivision Approval of the subject property shall be secured within five
(5) years from the effective date of this ordinance. Lot boundaries of the new lots
created by any subdivision shall be consistent with zoning district boundaries to
avoid split-zone parcels.
Final subdivision approval creating the subject 10+ acre parcel was approved on
August 29, 2005.
(F) Construction of the proposed development shall be completed within five (5)
years from the effective date of this ordinance. Prior to construction, the
Mr. Christopher Yuen, Director
January 31, 2006
Page 3
applicant, successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawaaz 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). The applicant shall include native species
among the plants used for landscaping.
Final Plan Approval has been issued by your office. Construction plans have
subsequently been completed and submitted for building permit. It is anticipated
that construction, of this project would begin before June of 2006, with completion
18 months thereafter: .
(G) All driveway connections to Kakahiaka Street and Homestead Road shall conform
to Chal?t 22, Streets. and Sidewalks, of the Hawaaz i County Code.
Plans for this driveway connection have been submitted to the County for its
review and approval. The connection will be done in conjunction with the
development 00e project
(11) The applicant shall -construct the extension of Kakahiaka Street through the
subJectpmperty.(TMK: 7-3=10: 3) as a 50-foot wide street to dedicable standards
with_concrete. curb, gutter and sidewalk improvements along one side of the road.
The-road shall be constructed in the manner specified by the Department of Public
Works ;and shall be on an alignment meeting with the approval of the Planning
Director in consultation with the Department of Public Works. The applicant
shall construc£:all improvements prior to the issuance of a Certificate of
Occupancy and dedicate them to the County upon request.
Based on a discussion with the Planning Director, the applicant will be applying
for an.ameudment of this condition to require that the extension be improved only
up to the entrance of the Seascape Condominium project with a road reserve from
that point `to the southern boundary of the subject property. This proposed
amendment will be filed very shortly.
(1) To reduce potential impact to residents in Kona Palisades and Kakahiaka Street,
occupancy of the project shall not be allowed until the connection of the Lokahi
project (TMK:7-3-10: 48) to the Nfidlevel Road (a street connecting to
Ka`iminani Drive from the south, makai. of the Kona Palisades subdivision) and
the construction of the NTidlevel Road to Ka7 iminani Drive. The roads and
Mr. Christopher Yuen, Director
January 31, 2006
Page 4
connections shall be constructed in a manner meeting with the approval of the
Department of Public Works and on an alignment meeting with the approval of
the Planning Director in consultation with the Department of Public Works,
Traffic Division, prior to occupancy of the project.
Plans for these required improvements have been submitted to the County
Department of Public Works. The applicant hopes to have these plans approved
in conjunction with or shortly after approval of the building permit for the
project The applicant understands that these improvements have to be completed
prior to issuance of any occupancy permit for this project.
(J) Install streetlights, signs, and markings meeting with the approval of the...
Department of Public Works, Traffic Division prior to the issuance of a
Certificate of Occupancy.
Plans for these improvements have been prepared and submitted to the County for
its review and approval. These improvements will be made in conjunction with
the development of this project and completed prior to issuance of the Certificate
of Occupancy.
(K) All, earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control,. of the Hawaii County Code.
The appropriate land disturbance permits were secured prior to arty grading or.
grubbing activity within the subject area. The applicant's contractors will comply
with the terms of this requirement.
(L) All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage master plan shall be prepared
and submitted to the Department of Public Works prior to issuance of Final Plan
Approval. Any drainage improvements shall be constructed meeting with the
approval of the Department of Public Works prior to issuance of a Certificate of
Occupancy.
A drainage master plan was submitted and approved as part of the Plan Approval
process. All required system will be installed prior to issuance of any occupancy
permit for this project. _
(L) An Archaeological Data Recovery and Preservation Plan shall be submitted for
the review and approval of the Planning Director, in consultation with the
Department of Land and Natural Resources-State Historic Preservation Division.
MT. Christopher Yuen, Director
January 31, 2006
Page 5
All site(s) identified for preservation in the inventory survey and approved by the
SBPD shall be included within the preservation plan. A copy of the approved
Final Archaeological Data Recovery and Preservation Plan shall be submitted to
the Planning Director for its files prior to submitting plans for Final Plan
Approval review or prior to the issuance of any land alteration permits.
This has already been prepared and approved A copy was filed with your office
as part of the Plan Approval process.
(N) Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shall concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) and Planning Department shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-BPD when it finds that sufficient mitigation measures
have been taken.
The applicant and its contractors will implement this condition during the various
construction phase of this project.
(O) The applicant shall comply with all applicable County, State, and Federal laws,
rules, regulations and requirements.
This is on going and will be complied with during the construction phases of this
project.
(P) The applicant shall make its fair share contributions to mitigate the potential
regional impacts of the subject property with respect to parks and creation, fire,
police, solid waste disposal facilities, and roads. The amount of the fair share
contribution shall become due and payable prior to receipt of Final Plan
Approval or within five (5) years from the effective date of the rezoning
ordinance.... The fair share contribution shall have a maximum combined value
of $6,202.06 per multiple family residential unit. Based upon the applicant's
representation of intent to develop a total of one hundred (100) multi-family
residential units, the indicated total of fair share contribution is $620,606.00.
....The Fair Share requirements contained herein shall be waived for the proposed
residential development upon satisfaction of all of the following:
(a) That, as represented by the Applicant, 100% of the residential units
constructed within the project areas shall be sold at prices affordable to
Mr. Christopher Yuen, Director
January 31, 2006
Page 6
residents of the County of Hawaii earning no more than 140% of median
income at the time of development...
(b) That a minimum of 75% of the units shall be made available to owner-
occupant buyers in accordance with Part VI, Chapter 514, HRS, relating to
"Sales to owner-Occupants"; and
(c) That the applicant shall submit evidence to the County Housing Agency
that the sales prices were within the Affordable Guidelines established
above.
Should the residential unit price exceed the then current Affordable Sales Price
Guidelines, the Fair Share requirements shall become immediately due and
payable.
This matter is still on going and updates will be provided to your office in
conjunction with the next annual report.
(Q) To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented,
a. As represented by the Applicant, 100% of the residential units constructed
within the project areas shall be sold at prices affordable to residents of the
County of Hawai i earning no more than 140% of median income at the
time of development...;
b. That a minimum of 75% of the units shall be._made available to owner-
occupant buyers in accordance with Part VI, Chapter 514, HRS, relating to
"Sales to owner-Occupants"; and
c. That the applicant shall submit evidence to the County Housing Agency
that the sales prices were within the Affordable Guidelines established
above.
Should the residential unit price exceed the then current Affordable Sales Price
Guidelines, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai i County Code relating to Affordable Housing Policy.
As noted earlier, this is on going, and a more detailed report will be filed in
conjunction with the next annual report.
Mr. Christopher Yuen, Director
January 31, 2006
Page 7
(R) Should the Council adopt a Unified Impact Fees ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein may, at the developer's election, be satisfied by performance in
accordance with the requirements of the Unified Impact Fees Ordinance.
The Council has not adopted such an ordinance; as such, the applicant is not in a
position to evaluate the alternatives and if feasible, avail itself to this option.
(S) An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance.... The annual report shall also
provide documentation satisfactory to the Planning Director to evidence the actual
sales prices of the units sold.
This report is being submitted in compliance with this requirement. Please note
that the project has not been built as of the date of this report ang as such, there
is nothing that can be reported regarding the sales of any of the planned units.
(T) An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director....
The applicant believes that it can develop the project without having to go
through a time extension:
We trust that the aforementioned adequately addresses the annual report
requirement. If not or if there is a need for clarification or more information, please feel
free to contact me. Thank you very much.
Sincerely,
SIDNEY'
Planning Consultant
Copy - Seascape Development, LLC
SidneyFuke, Planning Consultant Ing 23 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 p` ('~(v{i~(~ ) tern • Subdivision • Land Use Permits
[sOUN~ Off' ?wkl • Environmental Reports
March 20, 2006 r5 `t V
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Amendment to Condition H, Ord. 04-106 (REZ 1047)
Seascape Development. LLC, TMK: 7-3-10: Portion 3
Thank you for providing me with a copy of agency comments to date regarding
the subject application.
We note that the Department of Water Supply did not have any substantive
comments or objections to the request. Relative to the Fire Department's comments, the
applicant is aware of the fire access and fire flow requirements. The appropriate
construction plans for these improvements are or have been done in conjunction with the
subdivision and building permit processes for this project.
Finally, relative to the comments of the Police Department, the applicant is aware
of the infrastructure, particularly road, issues. The applicant in no way is seeking to
avoid having to complete the roadway to the end of the subject property. What the
applicant is requesting is that the roadway extension be deferred (NOT ELMENATED)
until such time that there is an imminently potential need for it. Such a need would be if
and when there are any development plans by the landowner (State of Hawaii) south of
the subject area OR when the County decides that it needs it.
Please also note that this request is not driven much by cost implications as much
as by liability, maintenance, and security issues. The extension, with or without a
barricade, could easily become a place for potential illicit activities as well as a receptacle
for trash. Should that occur, that increases the public and private burden.
Should you have additional comments or questions,regarding this matter, please
feel free to contact me. Thank you very much.
DUKE
Planning Consultant
Copy - Mr. Ronald Nakamichi, Assistant Police Chief
Mr. Bill Brooks w/ enclosures 0$2307
RSe cape-REZ 1047.jwd 03-21-06
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
SEASCAPE DEVELOPMENT, LLC
CHANGE OF ZONE ORDINANCE 04-106 (REZ 1047)
AMENDMENT TO CONDITION H
Upon review of the request, the Planning Director recommends that a favorable
recommendation to amend Condition H of Change of Zone Ordinance No. 04-106 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 upon
additional information presented at the public hearing. This favorable recommendation is based
on the following findings:
Effective September 22, 2004, the State Land Use Boundary was amended from
Agricultural to Urban for the subject property under Ordinance No 04-105 and the
property was rezoned from Agricultural 5-acre (A-5a) to Multiple-Family Residential
4,000 square feet (RM-4) under Ordinance No. 04-106 to allow the development of a
100-unit affordable housing project.
The applicant has submitted a request to amend Condition H of Change of Zone
Ordinance No. 04-106 to limit the improvement of the extension of Kakahiaka Street to
the northern portion of the Seascape property (TMK:7-3-10:51), instead of improving
Kakahiaka Street through the subject property to the southern boundary, which connects
to State land to the south (TMK:7-3-9:5). The remainder of the extension would be
deferred until development occurs on the State property or until other road extensions
from the south make it possible to connect to Kakahiaka Street.
The applicant believes that the improvement of Kakahiaka Street to the southern
boundary of its property would not serve much purpose at this time based on the owner to
the south (State of Hawaii) having no announced development plans for their property.
The applicant believes that the improvement of the road could invite illicit activities
and/or become an illegal refuse site because of non-use of the roadway.
The Planning Director's favorable recommendation of this amendment request is
based on fact that the land to the south is vacant State land with no firm plans for
development at this time. The amendment approval would be contingent upon the
applicant being required to place a lien against at least one of the parcels resulting from
Subdivision 02-000051 to insure future improvement of the remainder of Kakahiaka
Street. The existing Kahahiaka Steet is County owned and has a right-of-way width of 50
feet and a 20-foot wide pavement. Kakahiaka Street (TMK:7-3-10:54) will be extended
as a 50-foot wide street to dedicable standards with curb, gutter and sidewalk
improvements along one side of the road through the adjacent Lokahi property to the
subject property. The Department of Public Works has submitted comments and
suggested alternate wording for Condition H, which has been taken into consideration in
drafting the recommended changes.
The Police Department recommended that the developer be required to comply
with the original Condition H and complete the required section of roadway. They
recommend that the developer install temporary barricades to prevent vehicles from
going beyond the Seascape project until the roadway is completed.
The General Plan LUPAG Map designates the area as Urban Expansion. The
current zoning of Multiple-Family Residential 4,000 square feet (RM-4) is consistent
with the existing General Plan designation for this area. All essential utilities and
services are available to the site. Compliance with all other conditions of Ordinance No.
04-106 is still required.
Based on the above findings, the proposed amendment to Condition H of Change of Zone
Ordinance No. 04-106 is not contrary to the original reasons for approving the Change of Zone.
It is recommended that a favorable recommendation be forwarded to the County Council with
the following changes (material to be deleted is bracketed and struck through; material to be
added is underscored):
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Within three years from the enactment of the ordinance the applicant shall provide
assurance satisfactory to the Department of Water Supply and the Planning
Director, upon consultation with the Department of Health and the Department of
Land and Natural Resources, that a water source(s) of sufficient quality, quantity,
2
and related transmission and storage system can be established.
C. The actual development of the water source and its water transmission, storage,
and distribution system shall be developed in conjunction with Final Plan
Approval or Final Subdivision Approval, whichever occurs first. In lieu of actual
construction of these improvements, the applicant may enter into an agreement
with the County to assure that the infrastructure improvements will be constructed
together with the appropriate bond, surety or other security deemed acceptable by
the County. Upon execution of such agreement and filing of the security with the
County, Final Plan Approval or Final Subdivision Approval shall be granted prior
to the actual construction of required improvements, provided further and final
approval of any residential structures shall not be issued until the approved water
source is developed and its transmission, storage, and distribution system for such
source to the subject property has been constructed and accepted for dedication to
the Water Board.
D. The proposed dwelling units shall not exceed the number of units of water that are
available and have been committed to the subject property by the Department of
Water Supply or other approved water source. Any further development shall
occur only when sufficient County water becomes available by construction of
on- and off-site water system improvements. All water system improvements
shall meet with the requirements of the Department of Water Supply prior to the
issuance of the Certificate of Occupancy for any residential unit.
E. [Anal Subdivision n 1 of the subject pr-epe"`" shall be . fed y4thi;i five
ereated by a' subdi-visien shall be ........:dent with z g d stHet 1.....ndarle.. to
[F-] Construction of the proposed development shall be completed within five (5)
years from the effective date this ordinance. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing
3
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). The applicant shall include native species
among the plants used for landscaping.
All driveway connections to Kakahiaka Street and Homestead Road shall conform
to Chapter 22, Streets and Sidewalks, of the Hawaii County Code.
[K JG. The applicant shall construct the extension of Kakahiaka Street through the
subject property to the driveway entrance of any development of the area covered
by this rezoning ordinance[(TT*"T'n,g)] as a 50-foot wide street to dedicable
standards with concrete curb, gutter and sidewalk improvements along one side of
the road. The applicant shall construct the reguired[eI4] improvements prior to the
issuance of a Certificate of Occupancy and dedicate them to the County upon
request. The remainder of Road Lot 5 to the southern boundary of the property
shall be set aside as a fixture road reserve, along with any necessary construction
easements, and improved to dedicable standards by the applicant, successors or
assigns, when the Planning Director determines that this road will serve a useful
function. When required by the Director, [-T]the road shall be constructed in the
manner specified by the Department of Public Works and shall be on an
alignment meeting with the approval of the Planning Director in consultation with
the Department of Public Works. The obligation to build the road shall be
secured by a covenant running with the land recorded against at least one of the
parcels created by Subdivision No. 02-000051, or the applicant may build the
road or bond its construction.
[I:]H. To reduce potential impact to residents in Kona Palisades and Kakahiaka Street,
occupancy of the project shall not be allowed until the connection of the Lokahi
project (TMK: 7-3-10:48) to the Midlevel Road (a street connecting to
Ka'iminani Drive from the south, makai of the Kona Palisades subdivision) and
the construction of the Midlevel Road from the Lokahi project to Ka'iminani
4
Drive, has been constructed. hi lieu of this condition, the applicant may improve
Homestead Road from the north boundary of TMK: 7-3-10:[3] 52 from the
intersection of Kakahiaka Street to alignment of the Midlevel Road, and construct
the Midlevel Road to Ka'iminani Drive. The roads and connections shall be
constructed in a manner meeting with the approval of the Department of Public
Works and on an alignment meeting with the approval of the Planning Director in
consultation with the Department of Public Works, Traffic Division, prior to
occupancy of the project.
[-J-.]L Install streetlights, signs, and markings meeting with the approval of the
Department of Public Works, Traffic Division prior to the issuance of a
Certificate of Occupancy.
[K-ILAll earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawaii County Code.
[lT]K. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage master plan shall be prepared
and submitted to the Department of Public Works prior to issuance of Final Plan
Approval. Any drainage improvements shall be constructed meeting with the
approval of the Department of Public Works prior to the issuance of a Certificate
of Occupancy.
[W. L. An Archaeological Data Recovery and Preservation Plan shall be submitted for
the review and approval of the Planning Director, in consultation with the
Department of Land and Natural Resources-State Historic Preservation Division
(DLNR-SHPD). All site(s) identified for preservation in the inventory survey and
approved by the State Historic Preservation Division shall be included within the
preservation plan. A copy of the approved Final Archaeological Data Recovery
and Preservation Plan shall be submitted to the Planning Director for its files prior
to submitting plans for Final Plan Approval review or prior to the issuance of any
land alteration permits.
[N.]M. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
5
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-BPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigative measures have been taken.
[49-]N. The applicant(s) shall comply with all applicable laws, rules, regulations and
requirements of other affected agencies, including the Department of Public
Works, Department of Water Supply and Department of Health.
[P-]O. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be
increased or reduced proportionally if the unit counts are adjusted. The fair share
contribution shall become due and payable prior to receipt of Final Plan Approval
or within five (5) years from the effective date of this change of zone ordinance,
whichever occurs first. The fair share contribution for each lot shall be based on a
maximum density for each lot as determined by the zoning resulting from this
change of zone. The fair share contribution in a form of cash, land, facilities or
any combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a maximum
combined value of $6,206.06 per multiple family residential unit. Based upon the
applicant's representation of intent to develop a total of one hundred (100) multi-
family residential units, the indicated total of fair share contribution is
$620,606.00 for the multi-family residential units. However, the total amount
shall be increased or reduced in proportion with the actual number of units
according to the calculation and payment provisions set forth in this Condition P.
The fair share contribution shall be allocated as follows:
1. $3,061.27 per multiple family residential unit for the 100-unit multi-
family development for an indicated total of $306,127.00 to the County to
6
support park and recreational improvements and facilities;
2. $96.75 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $9,675.00 to the County to support
police facilities;
3. $297.62 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $29,762.00 to the County to support
fire facilities;
4. $132.65 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $13,265.00 to the County to support
solid waste facilities;
5. $2,617.77 per multiple family residential unit for the 100-unit multi-
family development for an indicated total of $261,777.00 to the State or
County to support road and traffic improvements.
The Fair Share requirements as contained herein shall be waived for the proposed
residential development upon satisfaction of all the following"
a. That, as represented by the Applicant, 100% of the residential units
constructed within the project area shall be sold at prices affordable to
residents of the County of Hawaii earning no more than 140% of median
income at the time of development. More specifically, the units shall be
within the then current Affordable Sales Guidelines as established by the
Department of Housing and Urban Development for a family of four
earning no more than 140% of the County of Hawaii median income;
b. That a minimum of 75% of the units shall be made available to owner-
occupant buyers in accordance with Part IV, Chapter 514, HRS, relating to
"Sales to owner-Occupants"; and
c. That the applicant shall submit evidence to the County Housing Agency
7
that the sales prices within the Affordable Guidelines as established above.
Should the residential unit price exceed the then current Affordable Sales Price
Guidelines, the Fair Share requirements shall become immediately due and
payable.
[Q.]P. To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented,
a. That, [A]as represented by the Applicant, 100% of the residential units
constructed within the project area shall be sold at prices affordable to
residents of the County of Hawaii earning no more than 140% of median
income at the time of development. More specifically, the units shall be
within the then current Affordable Sales Guidelines as established by the
Department of Housing and Urban Development for a family of four
earning no more than 140% of the County of Hawaii median income;
b. That a minimum of 75% of the units shall be made available to owner-
occupant buyers in accordance with Part N, Chapter 514, HRS, relating to
"Sales to owner-Occupants"; and
c. That the applicant shall submit evidence to the County Housing Agency
that the sales prices within the Affordable Guidelines as established above.
Should the residential unit price exceed the then current Affordable Sales Price
Guidelines, the Fair Share requirements shall become immediately due and
payable.
[R-.]Q 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.
[&]R. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and the extent to which the conditions
of approval are being complied with and sales records for the project identifying
amount units were sold for and proof that units were sold to owner-occupants.
8
The annual report shall also provide documentation satisfactory to the Planning
Director to evidence the actual sales prices of the units sold. 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.
[T-.]S. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant(s), its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
[i4:]T. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
9
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 04-106, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL 5-ACRES (A-5a) TO MULTIPLE FAMILY RESIDENTIAL - 4,000
SQUARE FEET (RM-4) AT O`OMA 1sT, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-3-010:051 (FORMERLY 7-3-010:PORTION OF 3).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1: Ordinance No. 04-106 is amended as follows:
"SECTION 1: Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at O'oma ls`, North Kona,
Hawai'i shall be Multiple Family Residential - 4,000 square feet (RM-4):
"SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 2005
Edition), 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
(B) Fulfillment of the need for public service demands created by the
proposed use.
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A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Within three years from the enactment of the ordinance the applicant shall provide
assurance satisfactory to the Department of Water Supply and the Planning
Director, upon consultation with the Department of Health and the Department of
Land and Natural Resources, that a water source(s) of sufficient quality, quantity,
and related transmission and storage system can be established.
C. The actual development of the water source and its water transmission, storage,
and distribution system shall be developed in conjunction with Final Plan
Approval or Final Subdivision Approval, whichever occurs first. In lieu of actual
construction of these improvements, the applicant may enter into an agreement
with the County to assure that the infrastructure improvements will be constructed
together with the appropriate bond, surety or other security deemed acceptable by
the County. Upon execution of such agreement and filing of the security with the
County, Final Plan Approval or Final Subdivision Approval shall be granted prior
to the actual construction of required improvements, provided further and final
approval of any residential structures shall not be issued until the approved water
source is developed and its transmission, storage, and distribution system for such
source to the subject property has been constructed and accepted for dedication to
the Water Board.
D. The proposed dwelling units shall not exceed the number of units of water that are
available and have been committed to the subject property by the Department of
Water Supply or other approved water source. Any further development shall
occur only when sufficient County water becomes available by construction of on-
and off-site water system improvements. All water system improvements shall
meet with the requirements of the Department of Water Supply prior to the
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issuance of the Certificate of Occupancy for any residential unit.
E. [Final ereated by any subdivision shall h- A- e am-sistent with zoning diskiet boundafies to
[F-.] Construction of the proposed development shall be completed within five
(5) years from the effective date this ordinance. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director 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). The applicant shall include native species
among the plants used for landscaping.
All driveway connections to Kakahiaka Street and Homestead Road shall
conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code.
[H-.]G. The applicant shall construct the extension of Kakahiaka Street through
the subject property to the driveway entrance of any development of the area
covered by this rezoning ordinance[(TT"`Trn. ' ^'M as a 50-foot wide street to
dedicable standards with concrete curb, gutter and sidewalk improvements along
one side of the road. The applicant shall construct the required[all] improvements
prior to the issuance of a Certificate of Occupancy and dedicate them to the
County upon request. The remainder of Road Lot 5 to the southern boundary of
the property shall be set aside as a future road reserve, along with any necessary
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construction easements and improved to dedicable standards by the applicant,
successors or assigns when the Planning Director determines that this road will
serve a useful function. When required by the Director, [T]the road shall be
constructed in the manner specified by the Department of Public Works and shall
be on an alignment meeting with the approval of the Planning Director in
consultation with the Department of Public Works. The obligation to build the
road shall be secured by a covenant running with the land recorded against at least
one of the parcels created by Subdivision No. 02-000051, or the applicant may
build the road or bond its construction.
[L]H. To reduce potential impact to residents in Kona Palisades and Kakahiaka
Street, occupancy of the project shall not be allowed until the connection of the
Lokahi project (TMK: 7-3-10:48) to the Midlevel Road (a street connecting to
Ka'iminani Drive from the south, makai of the Kona Palisades subdivision) and
the construction of the Midlevel Road from the Lokahi project to Ka'iminani
Drive, has been constructed. In lieu of this condition, the applicant may improve
Homestead Road from the north boundary of TMK: 7-3-10:[3] 52 from the
intersection of Kakahiaka Street to alignment of the Midlevel Road, and construct
the Midlevel Road to Ka'iminani Drive. The roads and connections shall be
constructed in a manner meeting with the approval of the Department of Public
Works and on an alignment meeting with the approval of the Planning Director in
consultation with the Department of Public Works, Traffic Division, prior to
occupancy of the project.
[3:]I. Install streetlights, signs, and markings meeting with the approval of the
Department of Public Works, Traffic Division prior to the issuance of a
Certificate of Occupancy.
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[K-.]7. All earthwork activity shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code.
[&]K. All development-generated runoff shall be disposed of on site and shall
not be directed toward any adjacent properties. A drainage master plan shall be
prepared and submitted to the Department of Public Works prior to issuance of
Final Plan Approval. Any drainage improvements shall be constructed meeting
with the approval of the Department of Public Works prior to the issuance of a
Certificate of Occupancy.
[M:]L. An Archaeological Data Recovery and Preservation Plan shall be submitted for
the review and approval of the Planning Director, in consultation with the
Department of Land and Natural Resources-State Historic Preservation Division
(DLNR-SHPD). All site(s) identified for preservation in the inventory survey and
approved by the State Historic Preservation Division shall be included within the
preservation plan. A copy of the approved Final Archaeological Data Recovery
and Preservation Plan shall be submitted to the Planning Director for its files prior
to submitting plans for Final Plan Approval review or prior to the issuance of any
land alteration permits.
[N.]M. Should any remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be encountered, work in
the immediate area shall cease and the Department of Land and Natural
Resources-Historic Preservation Division (DLNR-BPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it finds that sufficient mitigative measures have been taken.
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[9:]N. The applicant(s) shall comply with all applicable laws, rules, regulations and
requirements of other affected agencies, including the Department of Public
Works, Department of Water Supply and Department of Health.
[g]O. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be
increased or reduced proportionally if the unit counts are adjusted. The fair share
contribution shall become due and payable prior to receipt of Final Plan Approval
or within five (5) years from the effective date of this change of zone ordinance,
whichever occurs first. The fair share contribution for each lot shall be based on a
maximum density for each lot as determined by the zoning resulting from this
change of zone. The fair share contribution in a form of cash, land, facilities or
any combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a maximum
combined value of $6,206.06 per multiple family residential unit. Based upon the
applicant's representation of intent to develop a total of one hundred (100) multi-
family residential units, the indicated total of fair share contribution is
$620,606.00 for the multi-family residential units. However, the total amount
shall be increased or reduced in proportion with the actual number of units
according to the calculation and payment provisions set forth in this Condition P.
The fair share contribution shall be allocated as follows:
1. $3,061.27 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $306,127.00 to the County to support
park and recreational improvements and facilities;
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2. $96.75 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $9,675.00 to the County to support
police facilities;
3. $297.62 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $29,762.00 to the County to support
fire facilities;
4. $132.65 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $13,265.00 to the County to support
solid waste facilities;
5. $2,617.77 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $261,777.00 to the State or County
to support road and traffic improvements.
The Fair Share requirements as contained herein shall be waived for the proposed
residential development upon satisfaction of all the following:
a. That, as represented by the Applicant, 100% of the residential units
constructed within the project area shall be sold at prices affordable to
residents of the County of Hawaii earning no more than 140% of median
income at the time of development. More specifically, the units shall be
within the then current Affordable Sales Guidelines as established by the
Department of Housing and Urban Development for a family of four
earning no more than 140% of the County of Hawaii median income;
-7-
b. That a minimum of 75% of the units shall be made available to owner-
occupant buyers in accordance with Part N, Chapter 514, HRS, relating to
"Sales to owner-Occupants"; and
c. That the applicant shall submit evidence to the County Housing Agency
that the sales prices within the Affordable Guidelines as established above.
Should the residential unit price exceed the then current Affordable Sales Price
Guidelines, the Fair Share requirements shall become immediately due and
payable.
[Qt]E. To ensure that the Goals and Policies of the Housing Element of the
General Plan are implemented,
a. That, [A]as represented by the Applicant, 100% of the residential units
constructed within the project area shall be sold at prices affordable to
residents of the County of Hawaii earning no more than 140% of median
income at the time of development. More specifically, the units shall be
within the then current Affordable Sales Guidelines as established by the
Department of Housing and Urban Development for a family of four
earning no more than 140% of the County of Hawaii median income;
b. That a minimum of 75% of the units shall be made available to owner-
occupant buyers in accordance with Part N, Chapter 514, HRS, relating to
"Sales to owner-Occupants"; and
c. That the applicant shall submit evidence to the County Housing Agency
that the sales prices within the Affordable Guidelines as established above.
-8-
Should the residential unit price exceed the then current Affordable Sales Price
Guidelines, the Fair Share requirements shall become immediately due and
payable.
[I~]Q 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.
[S ]R. An annual progress report shall be submitted to the Planning Director prior
to the anniversary date of enactment of the ordinance. The report shall include, but
not be limited to, the status of the development and the extent to which the
conditions of approval are being complied with and sales records for the project
identifying amount units were sold for and proof that units were sold to owner-
occupants. The annual report shall also provide documentation satisfactory to the
Planning Director to evidence the actual sales prices of the units sold. This
condition shall remain in effect until all of the conditions of approval have been
satisfied and the Planning Director acknowledges that fiuther reports are not
required.
[-T-]S. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant(s), its successors or
assigns, and that are not the result of their fault or negligence.
-9-
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
[U-.]T. Should any of the conditions not be met or substantially complied with in
a timely fashion, the Planning Director may initiate rezoning of the subject area to
its original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and struck through and new material is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai `i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-10-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO MULTIPLE FAMILY RESIDENTIAL (RM-4)
AT OOMA 1 st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-010:Por. 003 Date: June 1, 2004
EXHIBIT "A" (WESTPRO: 1128)