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HomeMy WebLinkAboutCOM 1004.000 2004-2006 ~tY OI~ Harry Kim Dixie Kaetsu Mayor Managing Director Barbara Kossow • h'OiN'+' Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawai'i 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808) 329-5226 • Fax (808) 326-5663 r.. cr-, August 2, 2006 n' C= cD Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: Applicant: Samson LLC Request: Amendment to Change of Zone Ordinance No. 95 118 (REZ 709) Tax Map Key: 7-5-10:por 13 (formerly 7-5-23:63) Applicant: Samson LLC Request: Amendment to Change of Zone Ordinance No. 90 010 (REZ 524) Tax Map Key: 7-5-10:por 13 (formerly 7-5-23:64 & 67) 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. Sincere Harry Kim 0 Mayor L072106may Enclosures cc: Planning Department Comm. No. 00 Ref. To: Ref. Dole- I of County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 + Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax(808)961-8742 August 2, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Applicant: Samson LLC Request: Amendment to Change of Zone Ordinance No. 95 118 (REZ 709) Tax May Key: 7-5-10:por 13 (formerly 7-5-23:63) The Planning Commission, after a duly held public hearing on July 21, 2006, voted to recommend for your approval the proposed legislative bill for amending conditions of Ordinance No. 95 118, which rezoned lands from Unplanned (U) and Double Family Residential - 3,750 square feet (RD-3.75) to Multiple Family Residential - 2,500 square feet (RM-2.5) and Village Commercial - 7,500 square feet (CV-7.5), respectively. The area involved is located along the north side of Hualalai Road and adjacent to the Aloha Kona Subdivision, Hienaloli 4th and 5th, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a time extension to Conditions D (Final Plan Approval) and Condition E (Commence Construction) of Ordinance No. 95 118. The applicant purchased the property from the original landowners in February, 2005 and requests the additional time to comply with the conditions of approval. Conditions D and E state: "D. Final Plan approval shall be secured from the Planning Department within one (1) year from the effective date of approval of the consolidation approval of the subject properties. Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval. To assure adequate time for plan Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured." "E. Construction shall commence within five (5) years from the date of receipt of Final Plan Approval and shall be completed within two years thereafter." Ordinance No. 92 36 approved on April 24, 1992 amended the district classification from 3.224 acres from Unplanned (U) to Multiple-Family Residential (RM- 2.5) and 2.296 acres from Double Family Residential (RD-3.75) to Village Commercial (CV-7.5) and was superseded by Ordinance No. 95 118, effective October 12, 1995. Although the prior applicants obtained Final Plan Approval of the original project on June 2, 1993 and commenced construction, the development has since been abandoned. Following the February, 2005 purchase of the property by the current applicant, the original project concept of a commercial/multiple-family residential development has been amended by deleting the commercial component and proposing approximately 146 multiple-family residential units. The Kumalani project also includes lands rezoned in Ordinance No. 90 010. As a result of the consolidation of the prior parcels into the current parcel (TMK: 7-5-10: 13) consisting of approximately 6.563 acres, Ordinance No. 95 118 (formerly Ordinance No. 92 36) and Ordinance No. 90 10 (formerly Ordinance No. 86 49) are considered a consolidated project with similar time- related conditions. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and are not the result of their fault or negligence. Final Plan Approval was secured and construction had commenced on the original project, but the development has been abandoned. The current applicant purchased the property in February 2005 and the commercial component of the original project has been deleted. Instead, 146 multiple-family residential units are proposed for the project site. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan LUPAG Map designates the area as Medium Density Urban. The property is zoned Village Commercial (CV-7.5), which allows for multiple family residential uses (1,250 square feet of land area per unit). The CV zoning 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. 95 118 is still required. r ' Stacy Higa, Chairman and Members of the County Council Page 3 Based on the above findings, the proposed amendment to Conditions D and E of Ordinance No. 95 118 is not contrary to the original reasons for approving the Change of Zone. In addition, the Planning Director is recommending that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and a fair share contribution condition be added. For your favorable consideration, an amendment to Ordinance No. 95 118 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely C. Kimo Alameda, Chairman Planning Commission Lsamsonord95118pc2 Enclosures cc: Steven S. C. Lim, Esq. Samson 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 Lincoln Ashida, Esq., Corporation Counsel r B3mvonOrd9511 &Amen&doa4/28/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SAMSON tXC CHANGE OR ZONE ORDINANCE NO.95118 AMENDMENT TO CONDITIONS D AND E SAMSON LLC has submitted a request for time extensions to Condition D (Final Plan Approval) and Condition E (commence construction) of Ordinance No. 95 118, which rezoned lands from Unplanned (U) and Double-Family Residential - 3,750 square feet (RD-3.75) to Multiple-Family Residential - 2,500 square feet (RM-2.5) and Village Commercial - 7,500 square feet (CV-7.5), respectively. The area involved is located along the north side ofHualalai Road, adjacent to the Aloha Kona Subdivision, Hienaloli 4'h and 5th, North Kona, Hawaii, TMK: 7-5- 10: Por. 13 (formerly 7-5-23: 63). PROPOSED ACTION 1. Request: Time extension to Conditions D (Final Plan Approval) and Condition E (Commence Construction) of Ordinance No. 95 118. The applicant purchased the property from the original landowners in February, 2005 and requests the additional time to comply with the conditions of approval. Conditions D and E state: "D. Final Plan approval shall be secured from the Planning Department within one (1) year from the effective date of approval of the consolidation approval of the subject properties. Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured." "E. Construction shall commence within five (5) years from the date of receipt of Final Plan Approval and shall be completed within two years thereafter." (Exhibit 1- Applicant's letter dated March 3, 2006 and attachments) 2. Reasons for the request: Although the prior applicants obtained Final Plan Approval of -1- the original project on June 2, 1993 and commenced construction through work within the County right-of-way for sewer improvements in September 2000 and grading work in January 2002, the development has since been abandoned. Following the February, 2005 purchase of the property by the current applicant, the original project concept of a commerciallmultiple-family residential development has been amended by deleting the commercial component and proposing approximately 146 multiple-family residential units. The Kumalani project also includes lands rezoned in Ordinance No. 90 010. As a result of the consolidation of the prior parcels into the current parcel (TMK: 7-5-10: 13) consisting of approximately 6.563 acres, Ordinance No. 95 118 (formerly Ordinance No. 92 36) and Ordinance No. 90 010 (formerly Ordinance No. 86 49) are considered a consolidated project with similar time-related conditions. BACKGROUND INFORMATION 3. April 24,1992: Effective date of Ordinance No. 92 36 which amended the district classification for 3.224 acres from Unplanned (U) to Multiple-Family Residential (RM- 2.5) and 2.296 acres from Double Family Residential (RD-3.75) to Village Commercial (CV-7.5) to allow the construction of a commercial and multiple-family residential project. (Exhibit 2 - Ordinance No. 92 36) 4. October 28,1992: Date of approval of Consolidation No. 786. 5. Tune 2,1993: Final Plan Approval secured for the commercial and multiple-family residential project. 6. July 11,1994: Administrative time extension granted until June 2, 1995 to commence construction. 7. October 12,1995: Effective date of Ordinance No. 95 118 which amended Condition E (Commence Construction) of Ordinance No. 92 36. (Exhibit 3 - Ordinance No. 95118) 8:- ---._Wgrch 3, 2006: Current landowner/applicant's-request for a time extension to Conditions B (plan approval) and Condition C (commence construction), as the project concepRhs changed to delete the commercial component and allow the development of 146 multiple- family residential units. -2- AGENCIES' COMMENTS 9. Department of Public Works: Exhibit 4 - April 16, 2006 memo 10. Fire Department: Exhibit 5 - March 28, 2006 memo 11. Department of Environmental Management: Exhibit 6 - March 31, 2006 memo 12. Office of Housing and Community Development: Exhibit 7 - April 17, 2006 memo 13. Department of Parks & Recreation: Exhibit 8 - March 21, 2006 letter 14. Department of Health: Exhibit 9 - April 13, 2006 memo AGENCIES - NO RESPONSE 15. Department of Water Supply, Police Department, Department of Land and Natural Resources Land Division and Historic Preservation Division PUBLIC COMMENTS 16. None as of this writing. -3- CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O. Box 686 - HILO, HAWAII 96721-0686 YfII + TELEPHONE 808.935.6644 FAx808.935.7975 - .I W W W,CARLSMrrH.COM SLIM@CARLSMITH.COM March 3, 2006 Christopher Yuen Planning Director Planning Department County of Hawaii Attention: Norman Hayashi 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Change of Zone Ordinance No. 95-118 - Request for extension of time to comply with Condition D (Final Plan Approval) and Condition E (Commence Construction) Successor Applicant: Samson LLC Tax Map Key: (3) 7-5-010: Portion of 013 (formerly portions of TMK (3) 7-5-010:013, and TMK (3) 7-5-023:063 Dear Mr. Yuen: This will follow up on our meeting of February 17, 2006 with Mr. Erik Leuteneker of Samson, LLC and Mr. Norman Hayashi of your staff. This will confirm that Samson LLC has decided to process this time extension request separately for Ordinance No. 95-118. We understand that this time extension request will require Planning Commission and Hawaii County Council action. Enclosed for your action are 20 copies of this request, and our filing fee in the amount of $250.00 for processing of the time extension request under the above ordinance. Successor Applicant Samson, LLC hereby requests a time extension to comply with Condition D (Final Plan approval) and Condition E (Commence Construction) of Ordinance No. 95-118 for the development of the above-referenced Property. In February 2005, the Property was purchased by Successor Applicant Samson LLC. Although prior Applicants obtained Final Plan Approval of the original project on June 2, 1993, and commenced construction of that project through work within the County right-of-way for sewer improvements on September 1, 2000 and grading work on the Property in January of 2002, the prior development was halted and that project has since been abandoned. Following the February 2005 purchase of the Property by Successor Applicant, and due to the changing market conditions that could not have been foreseen by Successor Applicant and HONOLULU KAPOLEI HILO KONA EMBI ¦ GUAM SAIPAN LOS ANGELES- . Christopher Yuen March 3, 2006 Page 2 were not the result of their fault or negligence, the original project concept of a commercial / multiple-family residential project has been amended by deleting the commercial component and proposing approximately 146 multiple-family residential units, which will allow the project to proceed. See Exhibit A - Conceptual Site Plan for Kumalani Project. Accordingly, the granting of this time extension would not be contrary to the General Plan or Zoning Code, and would not be contrary to the original reasons for the change of zone. The Kumalani Project area includes lands rezoned in Ordinance No. 90-010. Pursuant to the July 14, 2003 Planning Department letter for the Property, as a result of the consolidation of the prior TMK parcels into TMK (3) 7-5-010:013 consisting of approximately 6.563± acres, the Planning Department is treating the Conditions of Zoning under Ordinance No. 95-118 (formerly Ordinance No. 92-36) and Ordinance No. 90-010 (formerly Ordinance No. 86-49) as a consolidated project with similar time-related conditions. See Exhibit B (July 14, 2003 Planning Department letter.) Please feel free to call me should you have any questions concerning this time extension request. Thank you for your consideration in this matter. Very truly yours, CARLSMITH BALL LLP Steven S. . Li SSL/Iny Enclosures cc: Samson, LLC 4824-1284-5312. 1.000SK-00001 m m K~ I o LU Sq N Yir S i V- I I 3 , I m d© ' O CS' ' r ' J I I Q 8qqj~~ ~ t~s I I ll °Y I~m ~I u M I / s gW 3 ~ N ~ t I ~ I J I I a i LLJ 51 = O w a © u ' z o U Q I NF N Kyp Q /V1 \ ® © /P W z y 1p1T~m'y~gY Harry Kim Christopher.i• Yuen ,Mover l /nireom. ter: ~ pf,r Roy R. Takemoto F o.r-uy eimt"' (911tatfi7 of 4,74'afuniz PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 + Hilo, Hawaii 967203043 (808) 961-8288 • Fax (808) 961-8742 July 14, 2003 Steven S.C. Lim, Esq. Carlsmith Ball 121 Waianuenue Avenue Hilo, HI 96721-0686 Dear Mr. Lim: State Land Use Boundary Amendment Ordinance No. 92-35 (SLU 811) Change of Zone Ordinance No. 92-36 as amended by Ordinance 95-118(REZ 709) Change of Zone Ordinance No. 86-49 as amended by Ordinance 90-010(REZ 524) Applicant: Hualalai Properties, Inc. (succeeded by CL&D Seven, LLC) TMK: 7-5-010:013 (formerly 7-5-10: portion of 13 and 7-5-023: 63,64 & 67) This is to acknowledge receipt of your 2001-2002 Annual Progress Report dated July 7, 2003, submitted in compliance with Condition N of the above-referenced ordinances. We have conducted a review of our files and have the following comments: I . Ordinance No. 92-35 amended the State Land Use Boundary from an Agricultural to an Urban designation for 3.224 acres of land for TMK: 7-5-010: portion of 13. 2. Ordinance No. 92-36 (amended by Ordinance 95-118) reclassified the following zoning designation: TMK: 7-5-010: portion of 13 a: Unplanned to Multiple Family Residential for 3.224 acres b: Double Fancily Residential to Village Commercial for 2.117 acres TMK: 7-5-023: 063 a: Double Family Residential to Village Commercial for 0.179 acres Steven S.C. Lim, Esq. Carlsmith Ball Page 2 July 14, 2003 3. Ordinance No. 86-49 (amended by Ordinance 90-10) reclassified the following zoning designation: TMK: 7-5-023: 064 & 067 a: Double Family Residential to Village Commercial 1.042 acres 4. The total development area for this project is 6.562 acres. 5. Condition B of Ordinance 92-36 (as amended by Ordinance 95-118) stated that the required water commitment payment be submitted to DPW in accordance with its "Water Commitment Guidelines Policy." Our office acknowledge receiving a copy of the receipt dated September 18, 1992 of the required $6,600 water commitment deposit and acknowledged compliance with this condition in our October 21, 1992 letter. Our office sent a letter on January 15, 1993 to Attorney Robert Triantos stating that DPW's letter dated September 18, 1992 stipulated that a water commitment for the additional 44 units had been granted until September 30, 1995 for a total water commitment of 66 units. The other 22 units are available and committed to the property by virtue of the previous zoning with no time limit according to Quirino Antonio of DPW. We stated that with the above action, Condition B of Ord. 92-36 was complied with until September 30, 1995- We also stated that if the development was not completed by this date, an extension would need to be applied for and secured for DPW in conjunction with their water commitment policies and requirements. Our records show that an additional water commitment time extension was granted from DPW until September 30, 1997. We do not have any information beyond this date showing compliance with condition. Please submit information showing that a water commitment time extension has been secured up to this date. Steven S.C. Lim, Esq. Carlsmith Ball Page 3 July 14, 2003 6. Condition C of Ordinance 92-36 (as amended by Ordinance 95-118) required Consolidation approval of the subject properties (TMKs:7-5-01 0:portion of 013 and 7-5-023:063 & 067. This was complied with on October 28, 1992. In our letter dated September 15, 1992, we stated that `since the overall development is contingent upon the compliance of conditions of both Ordinance No. 92-36 and 90-10, especially with respect to the Consolidation condition of Ordinance No. 92-36, we shall use the effective date of Ordinance No. 92-36 to monitor the time conditions of both ordinances.' 7. Condition E of Ordinance 92-36 (as amended by Ordinance 95-118) stated that construction shall commence within five (5) years from the date of receipt of Final Plan approval and shall be completed within two years thereafter. In our letter dated December 16, 1997, an administrative time extension was granted until June 2, 2003 to commence construction and that construction shall be completed by June 2, 2005. According to your letter, construction activity has commenced. Please be informed that any additional extension of time beyond June 2, 2005 will require Planning Commission action. As noted above, the extension of time also applies to Ordinance 90-10 (REZ 524). 8. Condition N of Ordinance 92-36 (as amended by Ordinance 95-118) states that an annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The effective date of Ordinance 95-118 is October 12, 1995. Since we are using the effective date for Ordinance 95-118 for both ordinances (95-118 and 90-010), we will accept one annual progress report for both ordinances. The next annual progress report will be due on or before October 12, 2003. Steven S.C. Lim, Esq. Carlsmith Ball Page 4 July 14, 2003 We appreciate the thoroughness of your reports. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely, p.. l q CHRISTOPHER J.. / EN Planning Director 1 JWD:pak p: wpwin 60\j eff\letters\LLi mAPR-REZ709 &524. doc cc w/copy of letters: Hawaii County Council Planning Commission Planning Department-Kona COUNTY OF HAWAII.,,....- STATE OF HAWAII BILL NO. 550 (Draft ORDINANCE NO. 92 36 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-89 (KAILUA URBAN ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AND FROM DOUBLE FAMILY RESIDENTIAL (RD-3.75) TO VILLAGE COMMERCIAL (CV-7.5).AT HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-10:13 AND 7-5-23:63. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Hienaloli 4th, North Kona, Hawaii, shall be Multiple Family Residential (RM-2.5): PARCEL 1: Beginning at the Southwesterly corner of this parcel of land, being also a point on the Northerly boundary of Lot 375 of Aloha Kona Subdivision (File Plan 871), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)' being 1,994.79 feet South and 2,639.34 feet East and running by azimuths measured clockwise from True South: Thence, for the next seven (7) courses following along the remainder of Royal Patents 1600 and 1930, Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions: 1. 1600 09'. 30.23 feet to a point; EXHIBIT - 2. 172° 05' 19.70 feet to a point; 3. 1640 48' 25.00 feet to a point; 4. 1560 40' 58.10 feet to a point; 5. 141° 070 50.20 feet to a point; 6. 1460 49' 35.90 feet to a point; 7. 1720 31' 42.02 feet to a point; 8. 2570 55' 2.01 feet along stonewall and along Royal Patent 7904, Land Commission Award 4226 to Kuae to the Westerly face of the Great Wall of Kuakini to a point; 9. 1650 21' 3.56 feet along the Westerly face of the Great Wall of Kuakini and along Royal Patent 7904, Land Commission Award 4226 to Kuae to a point; 10. 2550 Ol' 6.75 feet along stonewall and along Land Commission Award 7716, Apana 5 to R. Keelikolani to-a P-K nail (set); Thence, for the next eleven (11) courses following along middle.of stonewall and along Land Commission Award 7716, Apana 5 to R. Keelikolani: 11. 253° 02' 52.75 feet to a point: 12. 2550 45' 26.74 feet to a point; 13. 2520 18' 53.90 feet to a point; 14. 2480 ` 40' 47.84 feet to a 1/2 inch pipe (set); 15. 2520 34' 29.17 feet to a point; 16. 2540 24' 27.83 feet to a point; -2- 9 17. 2570 51' 30.78 feet to a point; 18. 250° 40' 34.62 feet to a point; 19. 2520 11' 41.36 feet to a point; 20. 250° 29' 46.03 feet to a point; 21. 2540 59' 20" 56.41 feet to a 1/2 inch pipe (found); Thence, for the nest four (4) Courses following along Parcel 17 of the Keopu Channel Improvement (Government Land - County of Hawaii): 22. 3170 24' 30" 73.03 feet to a 1/2 inch pipe (found); Thence, following on a curve to the left with a radius of 150.00 feet, the chord azimuth and distance being: 23. 3050 09' 30" 63.65 feet to a 1/2 inch pipe (found); 24. 2920 54' 30" 197.59 feet to a point; 25. 3420 48' 16.26 feet to a point; 26. 720 48' 642.08 feet along Lots 361, 362, 363, 364, 365, 371, 372, 373, 374 and 375 of Aloha Kona Subdivision (File Plan 871) and along Land Commission Award 8524-H, Part 3 to Peke to a point; 27. 800 52' 10.37 feet along Lot 375 of Aloha Kona Subdivision (File Plan 871) and along Land Commission Award 8524-H, Part 3 to Peke to the point of beginning and containing an area of 3.224 Acres. (Refer to Parcel 1 as shown on Exhibit "A"). SECTION 2. Section 25-89, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the -3- district classification of properties described hereinafter as follows: The district classification of the following area situated at Hienaloli 4th, North Kona, Hawaii, shall be Village Commercial (CV-7.5); PARCEL 2: Beginning at a 1/2 inch pipe (found) at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 378-B of Aloha Kona Subdivision and being a point on the Northeasterly side of Hualalai Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 2,078.04 feet South and 2.121.51 feet East and running py azimuths measured clockwise from True South: 1. 1530 01' 02" 82.14 feet along the Northeasterly side of Hualalai Road to a point; 2. 2390 05' 450.27 feet along fenceline and along Land Commission Award 7716, Apana 5 to R. Keelikolani to-the middle of stonewall to a point; 3. 2570 55' 71.20 feet along stonewall and along Royal Patent 7904, Land Commission Award 4226 to Kuae to a point; Thence, for the neat seven (7) courses following along the remainder of Royal Patents 1600 and 1930, Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners to Foreign Missions: 4. 3526 31' 42.02 feet to a point; 5. 3260 49' 35.90 feet to a point; 6. 3210 07' 50.20 feet to a point; 7. 3360 40' 58.10 feet to a point; -4- 8. 344° 48' 25.00 feet to a point; 9. 352° 05' 19.70 feet to a point; 10. 3400 09' 30.23 feet to a point: 11. 80" 52' 524.48 feet along Lots 375, 376, 377, and 378-B of Aloha Kona Subdivision (File Plan 871) and along Land Commission Award 8524-B, Part 3 to Peke to the point of beginning and containing an area of 2.117 Acres. (Refer to Parcel 2 as shown on Exhibit "A"). The district classification of the following area situated at Hienaloli 5th, North Kona, Hawaii, shall be Village Commercial (CV-7.5):' PARCEL 3: Beginning at the Southeasterly corner of this parcel of land, being also the Southwesterly corner of Lot 376 of Aloha Kona Subdivision (File Plan 871) and being a point on the Northerly side of Hualalai Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 2,116.55 feet South and 2,606.10 feet East and running by azimuths measured clockwise from True South: 1. 72" 01' 25.00 feet along the Northerly side of Hualalai Road to a point; Thence, for the next three (3) courses following along Lot 378-B of Aloha Kona Subdivision and along the remainder of Land Commission Award 8524-B, Part 3 to Peke: 2. 1620 01' 11.86 feet to a point; 3. 88" 20' 56.00 feet to a point; 4. 1700 52' 99.80 feet to.a point;. -5- 5. 260° 52' 64.16 feet along Royal Patents 1600 and 1930, Land Commission Award 387, Part 4, Section 2 to the American Hoard of Commissioners for Foreign Missions to a point: 6. 3420 01' 116.32 feet along Lot 376 of Aloha Rona Subdivision (File Plan 871) and along the remainder of Land Commission Award 8524-B, Part 3 to Peke to the point of beginning and containing an area of 7,808 Square Feet. (Refer to Parcel 3 as shown on Exhibit "A"). All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 3. These changes in district classification are conditioned upon the following: (A) the applicant, its successors or as igns be responsible for complying with all of the stated conditions of approval; (B) the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninaty days from the date of approval of the change of zone; (C) consolidation approval of the subject properties shall be secured from the Planning Department within one year from the effective date of approval of the Change of Zone request. Plans for Final Plan Approval shall not be processed until consolidation approval has been secured; (D) final Plan Approval shall be secured from the -6- o ' t Planning Department within one year from the effective date of approval of the consolidation approval of the subject properties. Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured; (E) construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter; (F) a detailed archaeological mitigation plan shall be prepared and submitted for approval.by the Planning Department, in consultation with the State Department of Land and Natural Resources prior to submitting plans for plan approval review. The plan submitted shall have incorporated the recommendations of the detailed archaeological mitigation plan; (G) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, paving, or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately 'notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (H) the applicant shall install all recommended road improvements as required by the Department of Public works, including a left -7- I a turn lane, acceleration and deceleration lanes, curb, gutter and sidewalk improvements along the Hualalai Road frontage of the subject development. Plans for these improvements shall be submitted simultaneously with plans for Final Plan Approval and shall be installed prior to issuance of a certificate of occupancy for any portion (commercial or residential) of the developments; (I) Prior to Final Plan Approval or Final Subdivision Approval for the project, should the County determine that, additional improvements in the project area are required (i.e. roadways, parks, police, fire, etc.), the applicant and its successors or assigns shall pay or contribute its pro rata share of such additional improvements. Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized. Any pro rata share of improvements paid or contributed to the project area shall be credited to any future impact fees; (J) the applicant shall formulate a school facilities assessment plan, which shall be reviewed and approved by the Planning Department, in consultation with the Department of Education, prior to Final Plan Approval of the residential project. The approved assessment shall be submitted to the appropriate agency prior to the issuance of a certificate of occupancy for any portion of the residential development; (K) to ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the -8- 4 applicant shall contribute a monetary fee or designate an area prior to tentative subdivision approval to the County of Hawaii, which shall be used for park purposes. The monetary fee or land area shall be calculated by methodology and procedure set forth in Sections 8-6, 8-7, and 8-8 of the Park Dedication Code of the Hawaii County Code and shall be acceptable to the Department of Parks and Recreation and the Planning Department. If the applicant designates a park area on site, the park area shall be improved by grading and grassing prior to issuance of a certificate of occupancy for the residential development meeting with the approval of the Planning Department, in consultation with the Department of Parks and Recreation. Further, a park maintenance and operational plan shall be submitted for review and approval by the Planning Department, in consultation with the Department of Parks and Recreation, prior to issuance of a certificate of occupancy for the residential development; (L) to ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County as contained in the Hawaii County Housing Agency Resolution No. 65. This housing plan shall be approved by the County Housing Agency prior to final plan approval of -9- . any portion of the residential zoned area; provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property; provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency; (M) comply with all applicable laws, requirements, rules and regulations including those of the Fire Department. Department of Health, and the Department of Land and Naturhl Resources; (H) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance.The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. Thib condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; (O) 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; and,, (P) an initial extension of time for the performance of conditions within the ordinance may be -10- a granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. -11- SECTION 4. In the event that any portion of the ordinance is declared invalid, such invalidity shall'not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: re/L.r~1G~ w~ - COUNCIL ER, C iTY OF HAWAII Hilo, Hawaii Date of Introduction: February 5, 1992 Date of 1st Reading: February 5, 1992 Date of 2nd Reading: April 15, 1992 Effective Date: April 24, 1992 APPROVED AS TO FORM AND LEGALITY: DATI~l -12- std r 0 Ur n ~ A H~ v o 1u) I RM•t z Z( ~ JP 1 O Y RM•~ ~•v J U N = A 1. r 0 6 , J N N . Z ~ O Ra S. e N) 1 ] O • RM-1 Rf.1e A-1• RO a. 1.OOA.70 9 Ru. on 04,441, ¦ a ~ RM- - a p P^mrML I i - s Ro-a ~s Re-a." 1 UNrLANNOD (U) TO _ b MUL71TI M rAM11..Y A 1lOO/DONTIAL. (!!M-A,M) R , 4or ARaA - a.ZZt AC.Ra9 ALAMOY ~ ~ MRCOL. ~ tid R I av-7•a Ay/ DOUSUM TAMIL. ROOIOONTIAL (RV-f.7Y) 7= V/L.LA00 COMNIfilCIAL. fCV=. • R 1 AR@A a 2.117 ACR00 a,e e.o+ e w a,lzl. nl w ® PARCUL 0 / RM-z -t xs 11•~s POUSI-0 PAMILT cv-,/s A-/• ROWICIlNTIAL (R0-1p.7D) -rep VILL.AfO "COMMORCIAL ~GV-7.e av- 7. AR'OA s 7 sea elm. tT. ~PAL/YVI Re. KUAKINI H13H104AY I ow1hublou Cv ~c¦ N-7if v-.7/ v-.7s WOTW • CeeRetMAT09 t[OPetfRlD TO IsAtWA (1v01tTfi( e MOR117I/\N) A / V .79 .7f J RM-1 1 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-87 (NORTH IVOW^ MONS MAYO) AND 9ECT10N 26-DO (KAILUA URBAN 20NE MAP) ARTICLE S, CHAPTER 2S (ZONING CODE) OF THE HANAII COUNT-' CODW MY CHANQING THE DIWTRIGT CLA'JOIFICATION FIROI+' UNPLANNED (U) TO MULTIPLE FAMIL7 RESIDENTIAL. (RM-2.6; AND PROM' DOUBLE.. IwAMILy RESIDENTIAL (Rfl-3.75) TO VILLAt3L C'O?Y17rIL+IQf=1AL (CV-7. S) AT HICNALOL) 4TH AND 5TH, NORTH KONA*' HAWAII. PRCPARBO ~y = pLANNIN® DL/PARTM WN'r COUNTY OP HAWAII TMK = 7- 9 -lO s Il! ANC 7 5-23 z 0a 3t:PT 19, 1991 XHIBIT "A" IHUAt.AL.At PRopI•RTICe, INC.) 5 COUNTY OF HAWAII,. "STATE OF HAWAII 137 BILL NO. OR NO. 95 116 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-89 (KAILUA URBAN ZONE MAP), ARTICLE 3, CHAPTER 25 (ZCNING CODE) OF THE HAWAII COUNTY CODE, ORDINANCE NO. 92-36, WhICH RECLASSIFIED LANDS FROM UNPLANNED (U) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AND FROM DOUBLE FAMILY RESIDENTIAL (RD-3.75) TO VILLAGE COMMERCIAL (CV-7.5) AT HIENALOLI 9TH AND 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-10:13 AND 7-5-23:63. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 92-36 is amended as follows: "SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone. C. Consolidation approval of the subject properties shall be secured from the Planning Department within one year from the effective date of EXHIBIT 3 approval of the Change of Zone request. Plans for Final Plan Approval shall not be processed until consolidation approval has been secured. D. Final Plan Approval shall be secured from the Planning Department within one (1) year from the effective date of approval of the consolidation approval of the subject properties. Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by' which plan approval must be secured. E. Construction shall commence within [one] five(5) years from the date of receipt of Final Plan Approval and shall be completed within two years thereafter. F. A detailed archaeological mitigation plan shall be prepared and submitted for approval by the Planning Department, in consultation with the State Department of Land and Natural Resources prior to submitting plans for plan approval review. The plan submitted shall have incorporated the recommendations of the detailed archaeological mitigation plan. -2- i G. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, paving, or walks be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. H. The applicant shall install all recommended road improvements as required by the Department of Public Works, including a left turn lane, acceleration and deceleration lanes, curb, gutter and sidewalk improvements along the Hualalai Road frontage of the subject development. Plans for these improvements shall be submitted simultaneously with plans for Final Plan Approval and shall be installed prior to issuance of a certificate of occupancy for any portion (commercial or residential) of the developments. I. Prior to Final Plan Approval or Final Subdivision Approval for the project, should the County determine that additional improvements in the project area are required (i.e. roadways, parks, police, fire, etc.), the applicant and its successors or assigns shall pay or contribute its -3- pro rata share of such additional improvements. Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized. Any pro rata share of improvements paid or contributed to the project area shall be credited to any future impact fees. J. The applicant shall formulate a school facilities assessment plan, which shall be reviewed and approved by the Planning Department, in consultation with the Department of Education, prior to Final Plan Approval of the residential project. The approved assessment shall be submitted to the appropriate agency prior to the issuance of a certificate of occupancy for any portion of the residential development. K. To ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall contribute a monetary fee or designate an area prior to tentative subdivision approval to the County of Hawaii, which shall be used for park purposes. The monetary fee or land area shall be calculated by methodology and procedure set forth in Sections 8-6, 8-7, and 8-8 of the Park Dedication Code of -.the Hawaii County Code and shall be acceptable to -4- the Department of Parks and Recreation and the Planning Department. If the applicant designates a park area on site, the park area shall be improved by grading and grassing prior to issuance of a certificate of occupancy for the residential development meeting with the approval of the Planning Department, in consultation with the Department of Parks and Recreation. Further, a park maintenance and operational plan shall be submitted for review and approval by the Planning Department, in consultation with the Department of Parks and Recreation, prior to issuance of a certificate of occupancy for the residential development. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the office of Housing and Community Development and the Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County as contained in the Hawaii County Housing Agency Resolution No. 65. This housing plan shall be approved by the County Housing Agency prior to final plan approval of any portion of the residential zoned area; provided -5- i that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to. visible commencement of construction on the property; provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency. M. Comply with all applicable laws, requirements, rules, and regulations including those of the Fire Department, Department of Health, and the Department of Land and Natural Resources. N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. 0. 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 -6- t 1 the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; and P. 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, 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); and (5) Should the applicant require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. 7- y. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed. 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 MEM ER, CO TY OF HAWAII Hilo, Hawaii Date of Introduction: September 20, 1995 Date of 1st Reading: September 20, 1995 Date of 2nd Reading: October 4, 1995 Effective Date: October 12, 1995 REF.: C-670 APPROVED AS TO FORM AND LEGALITY: Li cPUI' CORPORATION COUNSEL DATE : OCT t 0 1995 -8- A A OFFICE OF THE COUNTY CLERK County of Hawaii Hilo . Hawaii ROLL CALL VOTE AYES NOES ABS EX Introduced By: Takashi rkiningn Arakaki X Date Introduced: September 20. 1995 Bonk-Abramson First Reading: September 20, 1995 X Childs Published: N/A De Li X De Lima X REMARKS: Domino X Osorio X Rath X Ray X Smith x 8 0 1 0 ROLL CALL VOTE Second Reading: October 4, 1995 AYES NOES ABS EX To Mayor: October 5, 1995 Ara" X Returned: October 12, 1995 Effective: October 12, 1995 Bonk-Abramson X Published October 20, 1995 Childs X De Lima X REMARKS: Domingo x no x Rath X Ray X Smith x 9 0 0 0 I DO HEREBY as adopted by the County Council and publis d as indicated above. APPROVED as to FORM and LEGALITY 14 CORP RATION OUNS a COUNCIL CHAIRMAN - COUNTY OF HAWAII Date j bQj~ UN'IYCLERK Approved/DicopyreveA this day of Qd4)(,-e-A .19 Ql, ,A-4 vg~~ 4- R, COUNTY O WAII Bill No.: 137 K:j Reference: C-670/PC-75 Ord. No.: 95 116 i ~ S ~v~~i u w r L A w w O O (U) x Rtir-- T D . ~reRVO ~ *oo ' u o o? f 2 O ~P ,t,H-4 rev J < U .t A-I~ N L A J N N ` Z C 0 Rp ~ e n ? ~ Rl.re j RO p RM-1 ~ ~ R - ~ r RO-! OI IYrRC6L t / S Ro-!.~¦ z urirL.AN/Neo (u) To - a Muartt~Lr rAMtl_y -1 y Y werA ~ a.zzt AcRrs ALAHOU QT. U 4C O rI,IK'1?L 2 / R I Cv-7.s ny~s DOIJISLr R^MILy Rrt•t0(IYTIAL (RD-~.7Q) To v. n , ~ VIL1..Arr CoMMrRCtAL (GY-7-C s "M^ = 1.117 ACltWO a.o7o.e4's RALAWA zriZL. ~1 t O }rARCUL, s / RM•1 • l.z+ DOUrLIN t"AM1Ly .1 7-!t CVi7to v Rr1IOQNTIAL (RO->•.7L. T'e ev- z VILLA% a COMMrRC1AL ~CV-7 G) AR'rA = eoI ran. I.r. . 1 tit I i I +rALA,VI no. KUAKINI HIMH1,4~ ftw. mvu- Gv v.• ev-7i v--sue v_-7/ NeR'~. Ce~RO/NAT~s RuraRRwo TO } oftii- o% ("wrt-r 1/ e McRItT/~N1 m I .71F mm.1 I _ O / T-1 -75 m AMENDMENT TO THE ZONING CODE AMENDING VaC71ON 25-07 (NORTH ivoNA 20NE MAP) AND SECTION 26-OO (K^ILUA URBAN 20NE MAP) ARTICLE= 9, CHAPTER -2S (ZONING CODE) OF THE= HAYVAII COUNT-' COOL" MY CHANNING THE 0143TMICT CLAASS1FICATION FROM UNPLANNED (U) TO MULTIPLE FAM1L7' RESIDENTIAL (RM-'2.9) AND FROM- DOUBLE. I!WMIL-/ RESIDENTIAL (mv-3.75) TO VILLAGE COMME14C)AL (CV-7 y) AT HIMNALOLI 4TH AND 5TH, NORTH KONA; HAY`tAll. PRR7PARBD ry = PLANNIN0 UQPA!!TM!=NT =UNYY 010, HAWA11 -rMK a 7-5-10" 19 ANM -7-0-72310M e.JCPT 19, 19eet 1 EXHIBIT "All IHVAI_ALAI PROP~TRTIl7r IWO.) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 16, 2006 Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief" V" Engineering Division 70? S,?, y SUBJECT Amendment to REZ 54 Ord. 95-118 &REZ 7 Ord 90-010 Applicant: Samson LLC Location: Hienaloli, N. Kona, HI TMK: 317-5-010:013, formerly 7-5-010:013 and 7-5-023: por 63, 64 & \067 We reviewed the subject applications and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. ROADWAYS 1. Hualalai Road, fronting the subject property, is a County road. It has an approximate 20-ft. wide pavement (in poor condition), with no shoulders, all within an approximate 50-ft. right-of-way. It is substandard based on width, alignment m and roadside hazard clearances. Hualalai Road is classified a collector street, according to the County's General Plan, and should be improved to a 60-ft. right- _ of-way. An approach for the multifamily zoned property fronting the opposite side of Hualalai Road (Kona Hale Alii - TMK: 7-5-9:067) was required to align their active approach to Hualalai road with the approach already aligned and approved for a previous project on the subject property called Hualalai Gardens. The r1 Irz l! Memorandum to PO April 16, 2006 Page 2 of 2 approach alignments have been fixed and approved by DPW, to accommodate opposing left turn lanes on Hualalai Road. We request that Hualalai Road related conditions be revised to the following items 2-6: 2. The applicant shall realign and provide collector street improvements to the entire frontage along Hualalai Road consisting of, but not limited to, right-of-way and pavement reconstruction and widening with concrete curb, gutter and sidewalk, drainage improvements, streetlights signs and markings and any relocation of utilities; meeting with the approval of the DPW. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct and dedicate to the County upon request, the additional improved street right-of-way, at no cost to the County. 3. Access to Hualalai Road shall be limited to one approach, located as approved by DPW. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on Hualalai Road to the subject property prior to the issuance of a certificate of occupancy. All sight distances to the approach shall meet the requirements of the Hawaii Statewide Uniform Design Manual or AASHTO. 4. Any utility poles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. 5. Any vehicular security gate shall be located a minimum of 60 feet (exclusive of gate swing) from the proposed Hualalai Road right-of-way with a turnaround on the County road side of the gate. 6. Suggested improvements in lieu of fair share contributions for roadways include extension of sidewalk improvements along adjacent property frontages, notably to Aloha Kona Drive. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA PLNG-KONA County of Hawaii is an Equal Opportunity Provider and Employer `aatr or ka,~" t n3 Darryl J. Oliveira "6KIAL ? Mayor - L Fire Chief FL^,i lr~ Desmond K. Wery Depuly Fire Chief (fountp of'Wawai`i FIRE DEPARTMENT 25 Aupuni Street a Suite 103 o Hilo, Hawaii 96720 (808) 961-8297 a Fax (808) 961-8296 March 28, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 709) APPLICANT: SAMSON LLC j~ REQUEST: TIME EXTENSION TO CONDITIONS j3 (FINAL PLAN APPROVAL) ANDe fCOMMENCE CONSTRUCTION) OF ORD. NO. 90- 0' 9E- ((lf TAX MAP KEY: 7-5-10:por 13 (formerly 7-5-23:64 & 67) 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 "Sec. 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). EXHIBIT ~p11 Coe, Hawaii County is an Equal Opportunity Provider and Employer. Christopher J. Yuen March 28, 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. "(r) 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 maximum approved by the chief." (15%) Christopher I Yuen March 28, 2006 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Sims. 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 10.301(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. OL1VEIRA 4ireC AY:lpc `OJN1VOr I,9~Y k: ~Q APR Q Harry Kim 206 APR 13 l nana Hoe Mayor Diredor ~o PUaNNIf;;: U' ; NT r ar (~~UNTYv vII1TTiV II C`aMTI DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : March 31, 2006 To : CHRISTOPHER YUEN, Plannector From: BARBARA BELL, Direct Subject: Change of Zone (REZ 709; P Applicant: Samson LLC Request: Time extension to Conditions (Final Plan Approval) and C (Commence Construction) of Ord. No. 9I)-910- IS 11T TMK• 7-5-10:por 13 (formerly 7-5-23: 64 & 67) We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: TECHNICAL SERVICES COMMENTS: Se _aPvAj,4 1,I)gq duy . SOLID WASTE COMMENTS: ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( K) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( /Q Ample room should be provided for implementation of a recycling program. ( Q) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( F':z) Construction and demolition waste is prohibited at all County Transfer Stations. (1,4) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: 0,1_332- cc: SWD,WWD, TSS EXHIBIT 8137 vv or w •'}=f '•:4r~ Barbara Bell Director Harry Kim Mayor Michael Dworsky P.E. •i'•., e;•r.` Solid Waste Division Chief oi'wr~ County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawari 96720-4252 (808) 961-8083 • Fax (808) 961-8086 October 13, 2003 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. CONCU~U~R: Barbara Bell DIRECTOR ~'V OF M May r 1 7 Phi Edwin S. Taira _ Hawing Administrator PLANi~,i;^!.'.; L(~'~_f i'MENT CvUi d I Y OF HAWAII Countp of 7*03aft OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawai'i 96720-2484 V/TT (808) 961-8379 • FAX (808) 961-8685 April 17, 2006 MEMORANDUM TO: Christopher Yuen, Director Planning Department 9 FROM: Edwin S. Taira Housing Administrator SUBJECT: Change of Zone (REZ 709) b Request: Time Extension to Conditions (Final Plan Approval) & If--(Commence Construction) of Ordinance No. ~0 9Sli& ? Applicant: Samson LLC Tax Map Key: 7-5-010:por 13 (Formerly 7-5-023:064 and 067) Pursuant to Hawaii County Code, Chapter 11, affordable housing conditions are still applicable to this request. Thank you for the opportunity to comment. 01J389 1080paam EXHIBIT QA 7 EQUAL HOUSING OPPORTUNITY 'HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER" MB MRR 21 PM 2 33 UkNW"(t rP,fd l MEN]`atricia G. Engelhard ti Harry Kim COUNTY OF HAWAII Director M4yar :;'y, e'• Pamela N. Mizuno °:Deputy Director Countp of'WaWaf' i DEPARTMENT OF PARKS AND RECREATION 101 Pauahi Street, Suite 6 • Hilo, Hawaii 96720 (808) 961-8311 • Fax (808) 961-8411 March 21, 2006 Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Change of Zone (REZ 7p6) Applicant: Samson, LLC Request: Time Extension to Conditions B (Final Plan Approval) and C (Commence Construction) of Ordinance No. 90-010 Tax Map Key: 7-5-10: Portion 013 (formerly 7-5-23:064 & 067) Change of Zone (REZ SL4) 70? Applicant: Samson, LLC Request: Time Extension to Conditions D (Final Plan Approval) and E (Commence Construction) of Ordinance No. 95-118 Tax Map Key: 7-5-10: Portion 013 (formerly 7-5-10Y_por 13 and 7-5-23: por 63) Upon review of the two subject related requests and their corresponding ordinances, we have discovered that the original applicant had two different obligations towards addressing recreational impacts under each of the ordinances administered on portions of the same consolidated parcel. The earlier ordinance did not require the original applicant to dedicate any lands, construct any recreation related improvements nor was it required to pay any fair share contributions to the County towards such impacts as their original proposed rezoning and subsequent development would have created on the community or on the services provided by our department. The latter Ordinance required park improvements or a corresponding fee be paid the County in compliance with Sections 8-6 through 8-8 of the Hawai` i County Code. In light of the differing requirements for various portions of the same parcel and developer, in acknowledgment of the current applicant's desire to provide significantly more residential units than were originally planned, and in recognition of the need for park and recreational services and facilities to keep pace with the growing demand in North Kona that will only be exacerbated by this development, we ask that you create a uniform requirement for the entire parcel as a condition of the County's granting their time EXH181T T ®1z2(;o Christopher J. Yuen, Planning Director March 21, 2006 Samson, LLC (REZ 709 & 524) TMK 7-5-10:013 Page 2 extension. We also ask that they pay the appropriate fair share assessments as would be required of all similar applications brought forth at this time. We note that the conceptual site plan contains a pool, spa and recreation building. Thank you for offering us an opportunity to comment on the applicant's request and for your consideration of our recommendation. Sincgrely, 1~(1A /Patricia . Engelhard Director Copy: Councilmember Angel Pilago, District 8 -North Kona LINDA LINGLE tE o s Nq CHIYOME L. PUKING, M.D. GOVERNOR AP,a saw y Director of Health hj "APR Z() FP? ' ?y w PL/WiNG COUNTY CFr f~'4Ngl1 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: April 13, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Lamy K. Shiro Acting District -Environmental Health Program Chief SUBJECT: Change of Zone (REZ 709) Applicant: Samson LLC Request: Time Extension to Conditions;d (Final Plan Approval) And ¢0Eommence Construction) of Ord. No._9D-9W Tax Map Key: 7-5-10:por 13 (formerly 7-5-23:64 & 67) The subject project is located within or near proximity to the County sewer system. All wastewater generated shall be disposed into the County sewer system. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60. 1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on March 17, 2006. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean EXHOIT I q_ 013626 Christopher J. Yuen Page 2 April 13, 2006 Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at http://www.hawaii. gov/healtl/environmental/water/cleanwater/foi-ms/indi v-index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: httD://www.hawaii. gov/health/environmental/water/cleanwater/forms/genl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] Christopher J. Yuen Page 3 April 13, 2006 iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] V. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] X. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 2. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 3. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Christopher J. Yuen Page 4 April 13, 2006 Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. WORD:REZ 709.my RSsmmn0W19511 sno=adocan8ro6 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SAMSON LLC CHANGE OF ZONE ORDINANCE NO.95118 AMENDMENT TO CONDITIONS D AND E Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Conditions D and E of Change of Zone Ordinance No. 95118 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: The applicant is requesting a time extension to Conditions D (Final Plan Approval) and Condition E (Commence Construction) of Ordinance No. 95 118. The applicant purchased the property from the original landowners in February, 2005 and requests the additional time to comply with the conditions of approval. Conditions D and E state: "D. Final Plan approval shall be secured from the Planning Department within one (1) year from the effective date of approval of the consolidation approval of the subject properties. Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured." "E. Construction shall commence within five (5) years from the date of receipt of Final Plan Approval and shall be completed within two years thereafter." Ordinance No. 92 36 approved on April 24, 1992 amended the district classification from 3.224 acres from Unplanned (U) to Multiple-Family Residential (RM- 2.5) and 2.296 acres from Double Family Residential (RD-3.75) to Village Commercial (CV-7.5) and was superseded by Ordinance No. 95 118, effective October 12, 1995. -t- Although the prior applicants obtained Final Plan Approval of the original project on June 2, 1993 and commenced construction, the development has since been abandoned. Following the February, 2005 purchase of the property by the current applicant, the original project concept of a commercial/multiple-family residential development has been amended by deleting the commercial component and proposing approximately 146 multiple-family residential units. The Kumalani project also includes lands rezoned in Ordinance No. 90 010. As a result of the consolidation of the prior parcels into the current parcel (TMK: 7-5-10: 13) consisting of approximately 6.563 acres, Ordinance No. 95 118 (formerly Ordinance No. 92 36) and Ordinance No. 90 10 (formerly Ordinance No. 86 49) are considered a consolidated project with similar time-related conditions. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and are not the result of their fault or negligence. Final Plan Approval was secured and construction had commenced on the original project, but the development has been abandoned. The current applicant purchased the property in February 2005 and the commercial component of the original project has been deleted. Instead, 146 multiple- family residential units are proposed for the project site. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan LUPAG Map designates the area as Medium Density Urban. The property is zoned Village Commercial (CV-7.5), which allows for multiple family residential uses (1,250 square feet of land area per unit). The CV zoning 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. 95 118 is still required. Based on the above findings, the proposed amendment to Conditions D and E of Ordinance No. 95 118 is not contrary to the original reasons for approving the Change of Zone. In addition, the Planning Director is recommending that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and a fair share contribution condition be added. It is recommended that a favorable -2- 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): S2 The Yd water :t.. ent r..e.....ent shell be submitted to the Depaomefft of "Water- Geffwaitmem Guidelines ! Zene request. T C' 1 DI A 1 shall be a wed from the Planning ll........t«.....t within e e /1 Code), plans- shall h submitted f J t.. fpye days prior- r to the date by . ...l.:eh phm n G shall eeffffnenee ..:thin G..e (5) C.,.m the date ef.eee:..t of II:....1 Plan Approved and " be eempleted vMltin two years thereaften .....tme..t a 1 h h DI a De...,Ament : suhatien with the State Ter land and Nateml R-eseurees prief te sabffk4ing plans for- plan approval re,. The plan submitted " have ineer-permed the feeemmendatiens ef-the detailed e -3- nifigefive fneasur-es have been taken. H. The appheam 9W in" all r-eeemmeaded Fead impr-ovements as requiFed by the submWed simakaneetisly with plans for Final Plan Approval aad shaH be instage-d- T D R W Dl A 1 Final Sub&ision -rr IC the pfejeet, should er- My fiAUFe impaet fees, T The 1' L 11 C 1 wheel C ..:Gt:ea assessment be rr DepaAment ef Edaeaierr prior te Fined Plan prevW efthe residential pf:ejeet. C R C C any ......a:......f aL...•e..:.ief am Ca y r development. K. To ensure L L ^ 1 and D 1' ' f the D Elemew of the !_....e-l -4- appheem desi~es a park area en site, the pmk area slW! be ifivreved by ' develepmeHf T 1. 1. Goals and Pefioies C Element ..CN.e G nl „1.the . Heusing afe implemented, 1. rr „li......h nt..dl ..„.dam with the Ofee ef Housing and 1 fer- 1, d 1 l.iel...l.nll be `teat ..:hl, the intefim e Agen ReseMien Ne. 65. This heasing plan shaR be approved by the County 14 ,..1 of e„a peFtion a fht... ....nide..h..l zoned A 7 prier- C 1 Yl.. n'e any r tm+ , these C 1. Fire T „h De nw...e«h of Healh6 and the Te„n w „h ..CLand eparune -5- , eenditions ef appfeyW have been eemoied with and the Planning Dif:eeter- P. An 1 of c a of •i ex4ensien time r eenditions fafeseen or am beyend the eon'--ol of the "plieam, sue thezeningeede; . Direeter 9W subfrAt the rapplisant's q sppr-epreeEeaeHen- Q• -6- A. The applicant successors or assigns shall be responsible for complying with al! of the stated conditions of approval: B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this amendment. Construction of the proposed development shall be completed within five (5) veers from the effective date of this amendment Prior to constructiom the applicant. successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25-2-70- Chapter 25 (Zoning Code)Hawaii County Code within two (2) years from the effective date of this amendment 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 miti ating M adverse noise or visual impacts to "d ace nt properties in accordance scaoin¢ with the requirements of Planning Department's Rule No 17 (Land Requirements). D. A five-foot wide future road widening _strip along the Hualalai Road frontage shall be subdivided and dedicated to the County _within five years from the effective date of this amendment. E. The applicant shall realign and provide collector street improvements to the entire frontage along Hualalai Road consisting of but not limited to, right-of-way and pavement reconstruction and widening with concrete curb, gutter and sidewak drainage improvements streetlights. signs and markings and any relocation of utilities meeting with the approval of the Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions The applicant shall construct the additional improved street rit-of-way. F. Access to Hualalai Road shall be limited to one approach, located as approved by -7- the Department of Public Works An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated The applicant shall provide a left turn storage lane on HuaWai Road to the subject property prior to the issuance of a Certificate of Occupanc.All sight distances to the approach shall meet the requirements of the Hawaii Statewide Uniform Design Manual (AASHTO). G. Any utilib poles in the road ri t-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised) The applicant shall provide any necessary easements for installation of such utilities. H. Any vehicular security _gate shall be located a minimum of 60 feet (exclusive of gate swing) from the proposed Hualalai Road ri t-of-way with a turnaround on the Coin road side of the gate This 60-foot requirement shall not apply to the emergency access. I. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 7. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works The recommended drainage system shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management prior to the issuance of a Certificate of Occupancy. L The project shall connect to the CoupU sewer system, meeting with the approval of the Department of Environmental Management. 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 - State Hjstoric Preservation Division (DLNR-HPDI shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-BPD when it finds that sufficient mitigation measures have been taken. -8- IV. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreatiom fire. police, solid waste diMosal facilities and roads The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first The fair share contribution for each lot shall be based on the actual number of residential units developed The fair share contribution in a form of cash. land. facilities or M combination thereof shall be determined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of the amendment to the ordinance based on the percentage change in the Honolulu Consumer Price Index (HCPI) The fair share contribution shall have a maximum combined value of $6,411.25 per multiple family residential unit ($9,991.20 per single family residential unit) The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition The fair share contribution per multiple-family residential unit (single family residential unit) shall be allocated as follows: 1. $3,162.49 Rer multiple family residential unit ($4.817.93 per single family residential unit) to the County to sMport park and recreational i=rovements and facilities: 2. $99.95 Qr multiple fgg& residential unit ($232.42 per single family residential unit) to the Count to support police facilities: family 3 $307.46 per multiple family residential unit ($459.06 per sin we residential unit) to the County to support fire facilities: 4 $137.04 per multiple family residential unit ($200.98 per single family residential unit) to the Coun to support solid waste facilities: 5. $2,704.31 per multiple family residential unit ($4.280.82 per single family residential unit) to the Coua to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation. fire -9. police solid waste disposal facilities and roads within the region impacted by the proposed development sub ect to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council: O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imosition of exactions or the assessment of impact fees conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented the applicant shall comply with the requirements of Chapter 11 Article 1 Hawaii County Code relating to Affordable Housing Policy. This rrQuirement shall be approved by the Administrator of the Office of Housing and Community Development l2rior to Final Plan Approval. -QAn annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this amendment. The report shall address the status of the development and the extent to which the conditions of approval are being satisfied This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. R. Comply with all gpplicable County, State and Federal laws, rules, regulations and requirements. Should any of the conditions not be met or substantially complied with in a timely fashion the Planning Director may initiate rezoning of the area to its original or more appropriate designation The accompanying draft bill to amend Ordinance No. 95 118 is provided for your favorable consideration. -10-