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HomeMy WebLinkAboutCOM 1005.000 2004-2006 Y Kim Dixie Kaetsu Harr Mayor Managing Director Barbara Kossow rF or•M~~ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawai'i 967204252 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 3295226 Pax (808) 326-5663 r.. r. r> August 2, 2006 C) Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 'o 25 Aupuni Street w 3 Hilo, HI 96720 u 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:yor 13 (formerly 7-5-23:64 & 67) As required by Chapter 4, Sec. 6-4.3(C), Hawai'i 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 arty Kim Mayor L072106may Enclosures oO cc: Planning Department Comm No. Ref. To: Ref. Date rr ar N 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 ~a Stacy Higa, Chairman 0 -l ~ and Members of the County Council G.) County of Hawaii s 25 Aupuni Street Hilo, HI 96720 ro Dear Chairman Higa and Council Members: 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) The Planning Commission, after a duly held public hearing on July 21, 2006, voted to recommend for your approval the proposed legislative bill amending conditions of Ordinance No. 90 010, which rezoned 45,411 square feet of land from a Multiple Family Residential - 2,000 square feet (RM-2) to a Village Commercial - 7,500 square feet (CV-7.5) district. The property is located along the north side of Hualalai Road and adjacent to the Aloha Kona Subdivision, Hienaloli 5th and 6"i, 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 B (Final Plan Approval) and C (Commence Construction) of Change of Zone Ordinance No. 90 010. 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 B and C state: "B. Revised Final Plan Approval shall be secured from the Planning Department within one (1) year from the effective date of this amendment. 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." Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 C. Construction of the proposed improvements shall commence within one (1) year from the date of receipt of final plan approval and be completed within two years thereafter." Ordinance No. 86 49 was approved on June 2, 1986 and amended the district classification from Multiple-Family Residential (RM-2) to Village Commercial (CV-7.5). Ordinance No. 86 49 was superseded by Ordinance No. 90 010, effective February 13, 1990. 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. 95 118. 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. 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 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. 90 010 is still required. Based on the above findings, the proposed amendment to Conditions B and C of Ordinance No. 90 010 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 Stacy Higa, Chairman and Members of the County Council Page 3 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. 90 010 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 Lsamsonord%010pc2 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 Lincoln Ashida, Esq., Corporation Counsel Bs.mw00rM10AW0n&d00 4n7/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SAMSON LLC CHANGE OR ZONE ORDINANCE NO. 90 010 AMENDMENT TO CONDITIONS B AND C SAMSON LLC has submitted a request for time extensions to Condition B (Final Plan Approval) and Condition C (Commence Construction) of Ordinance No. 90 010, which rezoned 45,411 square feet of land from a Multiple-Family Residential - 2,000 square feet (RM-2) to Village Commercial - 7,500 square feet (CV-7.5). The property is located along the north side of Hualalai Road, adjacent to the Aloha Kona Subdivision, Hienaloli 5'h and 6'h, North Kona, Hawaii, TMK: 7-5-10: Por. 13 (formerly 7-5-23: 64 and 67). PROPOSED ACTION 1. Request: Time extension to Conditions B (Final Plan Approval) and Condition C (Commence Construction) of Ordinance No. 90 010. 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 B and C state: "B. Revised Final Plan Approval shall be secured from the Planning Department within one year from the effective date of this amendment. 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." "C. Construction of the proposed improvements shall commence within one year from the date of receipt of final plan approval and 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 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 -1- 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 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. 95 118. 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. June 2,1986: Effective date of Ordinance No. 86 49 which amended the district classification from Multiple-Family Residential (RM-2) to Village Commercial (CV-7.5) to allow the construction of a two-story, 15,530-square foot office building. An existing multiple-family structure was also proposed to be converted into an office building. (Exhibit 2 - Ordinance No. 86 49) 4. June 7,1989: Request to delete Conditions B (plan approval), C (construction timetable) and G (administrative time extension) of Ordinance No. 86 49. 5. November 7, 1989: Planning Commission voted to deny the request to delete Conditions B, C and G of Ordinance No. 86 49. Additional conditions were included in the ordinance to accommodate the change of ownership and revised plans for the project. 6. February 13, 1990: Effective date of Ordinance No. 90 010 which amended various conditions in Ordinance No. 86 49. (Exhibit 3 - Ordinance No. 90 010) 7. March 3, 2006: Current landowner/applicant's request for a time extension to Conditions B (plan approval) and Condition C (commence construction), as the project concept has changed to delete the commercial component and allow the development of 146 multiple- family residential units. AGENCIES' COMMENTS 8. Department of Public Works: Exhibit 4 - April 16, 2006 memo 9. Police Department: Exhibit 5 - March 24, 2006 memo -2- 10. Fire Department: Exhibit 6 - March 28, 2006 memo 11. Department of Environmental Management: Exhibit 7 - March 31, 2006 memo 12. Office of Housing and Community Development: Exhibit 8 - April 17, 2006 memo 13. Department of Parks and Recreation: Exhibit 9 - March 21, 2006 letter 14. Department of Health: Exhibit 10 - April 13, 2006 memo AGENCIES - NO RESPONSE 15. Department of Water Supply, Department of Land and Natural Resources Land Division and Historic Preservation Division PUBLIC COMMENTS 16. None as of this writing. -3- 1 3 02 CARLSMITH BALLLWVrj(-, Q[t'/VgfWNT A LIMI1ED LIABILITY LAW PARTNERSHIP vNTY OF HAWAII 121 WAIANUENUE AVENUE P.O. Box 686 HILo, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMrrH.COM SUM@CARLSMm{.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. 90-010 - Request for extension of time to comply with Condition B (Plan Approval) and Condition C (Commence Construction) Successor Applicant: Samson LLC Tax Map Key: (3) 7-5-010: Portion of 013 formerly TMK (3) 7-5-023:64, and 67 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. 90-010. 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 B (Plan Approval) and Condition C (Commerce Construction) 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 prblftif"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 EXHIBIT* GUAM SAIPAN LOS ANGELES / 011990 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 also includes lands rezoned in Ordinance No. 95-118. 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, MITH BALL LLP CARLSI StevLi S SLllny Enclosures cc: Samson, LLC 4840-2345-8048.I.000SSL-00001 -r' ' N I n T N f ~ N O 5 ~T3 1 n I ^ A Q I 1 ® I I I I 1 1 Q; 1 n ~ $m f J 5'. 1 I 1 h I -t z I i Q 1 I J , \ R' 1 r I 1 as ~ ' J © w = U 1 / 1 / ~ Q yy r \I V ~ Ll Q a 1 q I J ® m Q 1 m " \ Z 1 ~ 0 tarry Kim Christopher.l. Yuen Moyer I /,iii. cfnr ~,•,.....;e,~ ? OF K% ROY R. 3hkeuroto ~v2;rr?~~r of ~ ztf~z~ii PLANNING DEPARTMENT 101 Paaahi Street, Suite 3 e Hilo, Hawaii 56720-3043 (808) 961-8288 • Pax (808) 961-8742 July 14, 2003 Stever. 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: 1. 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: !MK_ 7-_5()l portion of 13 a: Unplanned to Multiple Family Residential for 3.224 acres b: Double Family Residential to Village Commercial for 2.117 acres TMK: 7-5-023: 063 a: Double Family Residential to Village Commercial for 0.179 acres EXHIBIT B 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, CHRISTOPHER J.: N Planning Director JWD:pak p: wpwin 60\j eff\lettCTs\LCimAPR-REZ709 &524.d oc cc w/copy of letters: Hawaii County Council Planning Commission Planning Department-Kona COUNTY OF HAWAII STATE OF HAWAII Bill No. 164 ORDINANCE NO. 86 49 AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII'COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-2) TO VILLAGE COMMERCIAL (CV-7.5) AT HIENALOLI 5TH AND 6TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-23:64 AND 67. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-89, 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 5th and 6th, North Kona, Hawaii, shall be Village Commercial '(CV-7.5): Beginning at the Southeasterly corner of this parcel of land being also the Southwesterly corner of Lot 377 of the Aloha Kona Subdivision (F.P. 871) and 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 2,124.28 feet South and 2,582.32 feet East and running by azimuths measured clockwise from True South: Thence, for the next six (6) courses following along the Northerly side of Hualalai Road: 1. 720 01' 154.59 feet to a point; 2. 900- 00' 186.61 feet to a point; 3. 102° 30' 35.48 feet to a point; EXHIBIT 4. 1230 00' 35.93 feet to a point; 5. 134° 30' 39.10 feet to a point; 6. 1380 44' 52.29 feet to a point; 7. 2600 52' 390.28 feet along Royal Patent 1930, -No. 1 to Asa Thurston, Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point; Thence, for the next three (3) courses following along Lot 377 of the Aloha Rona Subdivision (F.P. 871): 8. 3500 52' 99.80 feet to a point; 9. 2680 20' 56.00 feet to a point; 10. 3420 01' 11.86 feet to the point of beginning and containing an area bf 45,411 Square Feet. All as 'shown on the map attached hereto, marked Exhibit 'A' and by reference made a part hereof. SECTION 2. This change in district classification is -conditioned upon the following: (A) the petitioners, successors or their assigns shall be responsible for complying with all of the stated conditions of approval; (B) plans for the proposed.development shall be submitted for Plan Approval within one year from the effective date of the zone change; (C) construction of the proposed improvements shall commence within one year from the date of receipt of final plan approval -2- and be completed within two years thereafter; (D) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (E) curbs, gutters and .sidewalks shall be provided along the length of Hualalai Road fronting the subject property meeting with the requirements and standards of the Department of Public Works. These improvements shall be constructed prior to the granting of final subdivision approval or a bond and agreement for these improvements, which shall be determined by the Department of Public Works with the concurrence and approval of the Planning Director and corporation counsel, shall be submitted to the Planning Department and approved prior to receipt of Final Subdivision approval; (F) all other applicable rules, regulations and requirements shall be complied with; and (G) the Planning Director may administratively grant extensions to the foregoing time conditions. Further, should any of the foregoing conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -3- r f SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: r COUNCIL MEMBER, C TY OF HAWAII Hilo, Hawaii Date of Introduction: May 7, 1986 Date of 1st Reading: May 7, 1986 Date of 2nd Reading: May 21, 1986 Effective Date: June 2, 1986 -4- ~ ~ TRVl3 IVORTN ( urv PLArvN EO ~i ~ ~ SOALtd '-I"=200' - - 0 vg.i0 4-•e °F 'G t1AR N' UN PLANK QO UJ ,RAJ-le S 1 1 Y- 1.16 I V A~ 1 a RO-3.78 1.t1t.2B 8` 2, 481. I2 it man- "ORI=1 IW~QII~lTp ^10'~ y Mi1Q10AN] 0 y _ cc ee 1 \ 1 " " 13a9 eo ? ~ 0 r~ ~ ~ p ~ MUL`('11°LE FAM1L'Y ,'R'=SJG7CNTIAL. (Rt-~) n ; To `~/1LLAGE Rc-3ns N, CoMMETiC1AL C1iC-7-S) 4 t : ~ o Af~CA = 45,41.1 SGi. FT. t 1 3i.4d 1 .2 ~ 12d'be' RC-dJ9 •'m 1 \ 9.1ac, 11 , \ 1 IdB~ 44' \ C1.29. 11 1 t. ~o AP ` t A-la , i 1 , l . Ro-3.79 Cv~73 v".2S °J cv-~.s J ~ it ~~P ~ J~~ I I \ 11 A \ r P %4: VA i~ A\G. CV-7.3 J~V- Y cv-~.s 1 P~ c°pP~ ~ 1 v\. ns . AMENDMENT TO 7HE ZONING CODE AMI=NDING SECTION 725-8S (KAIL-UA URBAN zON>= MAP) ARTICLC 3, CHAPTSJ? 'ZS (ZON1N(3 CODM) OP -rH=- HAWAII COUNTY CODE, Bl' CHANGING THM DISTRICT CLASSIFICATION PT?CM MULTIPLE FAMIL-Y 12HS1- D>=N71AL. (tiy--M-) To v1LLAG>= C'ommemCIAL. (CV-75) AT HIMNALOLI 5TH AND c'TH, NORTH I<ONA, H^^IAJI. F~RCI°AREO BY ' I°LANNINQ DC-1~AI~Tiv1CNT covNTY of HAWAII TMK 7-5-M3 - G4 AND G7 JAN. MS, MOM exHIdIT "A COUNTY OF jiAWAII STATE G_' HAWAII Bill No. 19 5 ORDINANCE NO. 90 01() AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP) OUNTY CODE, ARTICLE 3, CHAPTER 25 (ZONINd CODE) OF THE HAWAII COUNTY" RELATING TO MODIFICATIONS OF CONDITIONS B, E, F AND G OF ORDINANCE NO. 86 49, WHICH RECLASSIFIED CERTAIN LANDS FROM MULTIPLE FAMILY RESIDENTIAL (RM-2) TO VILLAGE COMMERCIAL (CV-7.5) AT HIENALOLI 5TH AND 6TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-23:64 & 67 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 86 49 is amended as follows: 'SECTION 2. This change in district classification is conditioned upon the following: (A) the petitioners, successors or their assigns shall be responsible for complying with all of the stated conditions of approval; (B) (plans for the proposed development shall be submitted for Plan Approval within one year from the effective date _Qf the zone chance] Revised Final Plan Approval shall be secured from the Planning Department within one year from the effective date of this amendment. To assure adequate time for,mian 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; (C) construction of the proposed improvements shall commence within one year from the date of receipt of final plan approval and be completed within two years thereafter; (D) a drainage system shall be installed in accordance with the recuirements of the Department of Public Works; (E) curbs, gutters and sidewalks shall be provided along the length of Hualalai Road fronting EXH181T 3 the subject property meeting with the requirements and standards of the Department of Public Works. [These improvements shall be constructed prior to the granting of final subdivision approval or a bond and agreement for these improvements, which shall be determined by the Department of Public Works with the concurrence and approval of the Planning Director and Corporation Counsel, shall be submitted to the Planning Department and approved prior to receipt of Final Subdivision approval;3 These improvements shall be constructed Drior to the issuance of any occupancy permit or prior to the granting of final subdivision approval whichever comes first. A bond and agreement for the construction of these imorovements may be entered into Prior to final subdivision approval; Provided however, the improvements shall be installed prior to the issuance of any occtpancy Permit on the subject Prorertles (F) a five-foot wide road widening strip along Hualalai Road shall be delineated on the plans submitted for subdivision and/or for plan approval review. No structural improvements shall be allowed within this road widening strip Provided however, any required landscaping may be Permitted within this strip Further, applicable setbacks shall be taken from the 5-foot future road widening strip line; [,F] (G) all other applicable rules, regulations and requirements shall be complied with c; and (G) the Planning Director may administratively grant extensions to the foregoing time conditions. Further, should any of the foregoing conditions -2- 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.]; (H) 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; (I) an annual progress report shall bg submitted to the Planning Director prior to the anniversary date of the effective date of the zone change The report shall address the status of the development and the compliance with the conditions of aporovar 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; (J) 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 nnon-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: and 4) the time extension granted shall be for a period not to exceed the -3- 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 requite an additional extension of time the Plannina Director shall submit the applicant's reauest 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 SECTION 2. Material to be deleted is bracketed. New material is underscored. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY:, 7T*-A4 / COUNC L MEMBER, )OUNTY F HAWAII Hilo, Hawaii Date of Introduction: January 16, 1990 Date of 1st Reading: January 16, 1990 Date of 2nd Reading: February 7, 1990 Effective Date: February 13, 1990 -4- o y 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 Engineering Division 50 0(0 9S°" !!8 SUBJECT Amendment to REZ 524 Ord.8 &REZ 709 Ord. 9 0 Applicant: Samson LLC Location: Hienaloli, N. Kona, HI TMK: 3 / 7-5-010:013, 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 H and roadside hazard clearances. Hualalai'Road is classified a collector street, m according to the County's General Plan, and should be improved to a 604 right- _ of-way. An approach for the multifamily zoned property fronting the opposite side x of Hualalai Road (Kona Hale Alii - TMK: 7-5-9 :067) was required to align their UJ active approach to Hualalai road with the approach already aligned and approved for a previous project on the subject property called Hualalai Gardens. The 0 / 3 IV I Memorandum to PD 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 or. Harry yq'} Lawrence K. Mahuna Moyai Ua 30 M 1 3 Police Chief - I MENT '+~>f w~•rr• Harry S. Kubojiri •Y Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 Fm(808)961-2389 March 24, 2006 TO HRISTOPHERiJ,•YUEN, PLANNING DIRECTOR FROM JO E. DAWRS, MAJOR, AREA II OPERATIONS SUBJE T: Ch ge of Zone (REZ 524) pplicant: Samson LLC B Request Time Extension to Conditions d (Final Plan Approval) and Commence Construction) of Ord. No. $544.1'8 90 010 TMK : 7-5-10:por 13 (formerly 7-5-10:por 13 and 7-5-23:por 63) Staff has reviewed the request for an amendment to Ord. No. 95-118 and submits the following comments. Staff was provided with a copy of the following supporting documents: • Letter from Steven S.C. Lim (Carlsmith Ball LLP) to Christopher Yuen dated, March 3, 2006. • Exhibit A, Kumalani Conceptual Site Plan, Kona, Hawaii. • Letter from Christopher Yuen to Steven S.C. Lim, Esq. dated, July 14, 2003. Considering the limited amount of information provided, Staff cannot support the granting of the applicant's request. Furthermore, the Successor Applicant attributes the changing of market conditions that could not be foreseen as the need for amending the application by deleting the commercial component and proposing approximately 146 multiple-family residential units. Staff suggests that although market conditions may have changed since the original application (1995), so have the communities view on development and its direct impact on quality of life. "Hawai'i County is an Equal Opportunity Provider and Employer" EXYH t' 5 Further, that the applicant be required to resubmit the rezoning plan and that current infrastructure issues be taken into consideration prior to granting any further permits or extensions. Staff recommends that the Applicant's request for further extensions be denied due to the extended lapse in time from the original permit. Lastly, Staff makes this recommendation with public interest in mind Should you have any questions, please contact Captain Paul Kealoha, Area II, Kona Patrol, at 326-4646, extension 249. „tV Oi Nghi 4J•5~ Y (666 F11p'Ey Kn pm s ~y~ Darryl J. Oliveira t~ ' " ayar 11 Fire Chief ENT dlr„:Desmond K. Wery wUr~i tl~f- fIMVA11 Deputy Fire Chief Couutp of 'abjat`i FIRE DEPARTMENT 25 Aupuui Street • Suite 103 • 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 524) APPLICANT: SAMSON LLC REQUEST: TIME EXTENSION TO CONDITIONS B (FINAL PLAN APPROVAL) AND C (COMMENCE CONSTRUCTION) OF ORD. NO. 948 ~b ~/0 TAX MAP KEY: 7-5-10:por 13 (formerly 7-5-10:por 13 and 7-5-23:por 63) 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 arounda 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 ~o„ °ti 012863 ~EtK 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 detemvned 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. "(i) 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) 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 10.301(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. ARR LIVEIl2A Fire Chief AY:lpc `OJ„<V Of Hgw1 Harry Kim ` c'O06 RPR 13 19M ~ i M ParlQfBell Mayor ~pD~t jiector °'i t•"..:jO~',N~~ PLANPJI!w...a of M COON FY OF Hb ' Director GunfV of cHniuall CO 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, Planning D' ctor From: BARBARA BELL, DirectSubject: Change of Zone (REZ 5241/111"" Applicant: Samson LLC C, Request: Time extension to Conditions 0 (Final Plan Approval) andA (Commence Construction) of Ord. Nol. 25-1-18 q0 0/0 TMK: 7-5-10•por 13 (formerly 7-5-10:por 13 and 7-5-23: por 63) 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: L(~' tJI V44 z2 df 1 11~/ I Id' _eL/lCxll! SOLID WASTE COMMENTS: ( ) No comments cj<i) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. (}C ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ~Cf ) Ample room should be provided for implementation of a recycling program. Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (~G7) Construction and demolition waste is prohibited at all County Transfer Stations. 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: cc: SWD,WWD,TSS EXHt$IT 43133Z4 8136 MAY or x.` tp4:,~i-., -•:y~ Barbara Bell 1u4• Director Harry Kim Mayor Michael Dworsky P.E. •i'•,, e;~.` Solid Waste Division Chief hOf Mrs County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aulmni 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. CONCUR:/ /rtf~'A6/t-' Barbara Bell DIRECTOR Edwin S. Taira Harry Kim M t7PR 1 7 C ~ (iD Mayor Housing Administrator PL4N1','h <i ' I SnTMENT COUNTY OF HAWAII COUntp Of jbaWalff OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawaii 96720-2484 V/TT (808) 961-8379 • FAX (808) 961-8685 April 17, 2006 MEMORANDUM Y TO: Christopher Yuen, Director Planning Department FROM: Edwin S. Taira Housing Administrator SUBJECT: Change of Zone (REZ 524) P Request: Time Extension to Conditions,6 (Final Plan Approval) & XG(Commence Construction) of ordinance blo. 2.~$ 10 0/0 Applicant: Samson LLC Tax Map Key: 7-5-010:por 13 (Formerly 7-5-010:por 13 and 7-5-023:por 63) Pursuant to Hawaii County Code, Chapter 11, affordable housing conditions are still applicable to this request. Thank you for the opportunity to comment. 1079paam EXHIBIT Q EQUAL HOUSING OPPORTUNITY V 'HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER' f06 MIR 22 PM 2 33 •YY Oi N,~ ;i_.P LANNL!(a - c.RT EI~)jatricia G. Engelhard ? ~ COUNTY OF HAWAI Director Harry Kim Mayor Pamela N. Mizuno ~rE oi'Mid Deputy Director couutp of "Wabnai"f 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: S2 Subject: Change of Zone (REZmr) 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 5/4) 709 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 7-5-10: 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 Hawaii 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 EXHIBIT 012260 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. Si rely 1 Patricia . Engelhard Director Copy: Councilmember Angel Pilago, District 8 -North Kona LINDA LINGLE c o r w CHIYOME L. FUKINO, M.D. GOVERNOR ,rT ,ssoe% Dimdor of Health N 2006 RPR 2R F-M 24 PLAN Z\1'a MENT ,~o~.;; COUNTY UH HAWAII 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: Larry K. Shiro Acting District Environmental Health Program Chief SUBJECT: Change of Zone (REZ 524) Applicant: Samson LLC B Request: Time Extension to Conditions V (Final Plan Approval) And &ommence Construction) of Ord. No. 254+& "10 0/0 Tax Map Key: 7-5-10:por 13 (formerly 7-5-10:por 13 and 7-5-23:por 63) 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 EXHI$IT 013656 /D 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.hawai i. gov/health/environmental/water/cleanwater/forms/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: http://www.hawaii. gov/health/environmental/water/cleanwater/forms/gen] -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 M 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. [HAP, 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 524.my RSamwoOrd9010nmenddo 5/1ro6 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SAMSON LLC CHANGE OF ZONE ORDINANCE NO. 90 010 AMENDMENT TO CONDITIONS B AND C Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Conditions B (Final Plan Approval) and C (Commence Construction) of Change of Zone Ordinance No. 90 010 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 B (Final Plan Approval) and C (Commence Construction) of Change of Zone Ordinance No. 90 010. 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 B and C state: "B. Revised Final Plan Approval shall be secured from the Planning Department within one (1) year from the effective date of this amendment. 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." "C. Construction of the proposed improvements shall commence within one (1) year from the date of receipt of final plan approval and be completed within two years thereafter." Ordinance No. 86 49 was approved on June 2, 1986 and amended the district classification from Multiple-Family Residential (RM-2) to Village Commercial (CV-7.5). Ordinance No. 86 49 was superseded by Ordinance No. 90 010, effective February 13, 1990. -1- 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. 95 118. 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. 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 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. 90 010 is still required. Based on the above findings, the proposed amendment to Conditions B and C of Ordinance No. 90 010 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): [Az The applieam, sueeessers-, or assigns be responsible fer eemplying with all of the stated een"ens of approval; B. Revised R W Dl App revel L it b - m the Dunning TepaFt a t- ..:t one (1) yeaf fFefn the effeefive Me of Ws aawndment. To assufe adequate time plans 9W be submWed a vainiraum eMfty five days prior to the date by plaft approval must be seoured; yeafsthefeafW; J Works; R. Curbs, gufters and sidewalks 9W be provided aleng the length of Haal" Read Y A C fiae4 id a widening r strip ale.... i7..alalai Road ..hall be delineated e the plans submitted for subdivisien and/or- for plan approval feview. Ne stfuetuFal pr-eMed ments shall be allowed within thAs read v4dening e however, flppli e setbaeks shall be taken frem the 5 feet fiAuFe FOad widening strip line; H Should w '1 adept a r...:aea r. et De s Ordiamee setting c Fth er-iteria for. -3- Or.dhmnee-; and been eemplied with safisfied and the Planning Direater aeknevAedges that fiwthe-r r-epefts are net r-equiFed- 3 n i c time for- the peFfeanmee of , ..a:::, within the eFdinanee m4ensien , and d wt a net the uk of tt eir F ..k a et:.. 2 r C h uW net be nt. to the General P! the ZefiNe Cede, 3. r at:n ecthe t:...e emension .aa net be eeatFar-y te the erigL-W 4. The granted ..haR he C ed net to e.......... µ ..ems . s. If the appfieant should require an additional emensien ef time, the PlmipAng appf!epftaA aef en appr.epfiate 1 -4- A. The applicant successors or assigns shall 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 PoRof within ninety_(99) days from the effective date of this amendment. E Construction of the proposed development shall be completed within five (5) years from the effective date of this amendment Prior to construction. 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. CbVter 25 (Zoning Code). Hawaii County Code within two (2-) years of the effective date of this amendment Plans shall identify all e)dsting 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 pumose 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). 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 HuaWai 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 Department of Public Works. The widened and improved area shall provide for opposing left tum lanes along with my necessary pavement transitions The applicant shall construct the additional improved street right-of-way. F. Access to Hualalai Road shall be limited to one approach, located as approved by -5- the Department of Public Works An additional gated access should be provided at the mauka end of the property to the existing Coup, to flood control access road for emergency access parr ores and be gated The applicant shall provide a left tum storage lane on HuaWai Road to the subject prm?,Ayprior 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 (AASHTO). G. Any urilitypoles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 Mevised)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 right-of--way with a turnaround on the County 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. I 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 County 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 Historic Preservation Division (DLNR-BPD) shall be immediately notified. Subsequent work shall Proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. -6- N. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the nropertv with respect to parks and recreatiom fire police solid waste disposal 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 any combination thereof shall be determined by the County Council The fair share contribution may be "dusted 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 (HCP1) 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 uni) shall be allocated as follows: I. $3,162.49 per multiple family residential unit ($4.817.93 per single family residential unit) to the County to support park and recreational improvements and facilities: 2. $99.95 per multiple family residential unit ($232.42 per sin We family residential unit) to the County to support police facilities: family 3. $307.46 per multiple family residential unit ($459.06 per single 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 County to support solid waste facilities: 5 $2.704.31 per multiple family residential unit ($4.280.82 per single family residential unit) to the County to support road and traffic improvements. d In lieu okaying the fair share contributiom the applicant may contribute lan and/or construct improvements/facilities related to parks and recreatiom fire. -7- police, solid waste diVosal facilities and roads within the re 'on impacted by the proposed development subject to the review and recommendation o€the Planning Director, upon consultation with the appropriate agencies and approval of the County Council: 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 shall be credited towards the requirements of the Unified Impact Fees rdinance' P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented the applicant shat comply with the requirements of Chapter 11, Article 1 Hawaii County Code relating to Affordable Housing Policy. This Lequirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval Q An 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 applicable County State and Federal laws rules regulations and requirements. S. 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. 90 010 is provided for your favorable consideration. -8-