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HomeMy WebLinkAboutBIL 322 Draft 01 2006-2008COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 322 AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES (A-Sa) TO SINGLE FAMILY RESIDENTIAL - 7,500 SQUARE FEET (RS-7.5) AT KAPALAALAEA 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-7-008:121. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kapalaalaea 2"d, North Kona, Hawaii, shall be Single Family Residential - 7,500 square feet (RS-7.5): Beginning at a found %2" iron rebar, being the Northwest corner of this herein- described tract of land, being the Southeast corner of Lot No. 2 of White Sands Beach Estates Subdivision (File Plan No. 1480) and the Southwest terminus point of Naniloa Street; the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 11,680.76 feet South and 5565.64 feet East, and running by azimuths clockwise, measured from true South: Thence for the next twenty-three (23) courses following along the middle of stonewall, along Land Commission Award No. 4452, Apana 2 to H. Kalamai 255° 22' 40" 175.85 feet along File Plan No. 1480 to a found "X" in rock; Thence for the next thirteen (13) courses following along Keauhou View Estates Phase I (File Plan No. 2268) and Phase III (File Plan No. 2275): 2. 253° 26' 00" 46.03 feet to a found nail; -1- 3. 254° 53' 00' 50.09 feet to a found nail; 4. 252° 43' 00" 65.74 feet to a found nail; 5. 256° 34' 00" 69.20 feet to a found nail; 6. 260° 02' 00" 42.91 feet to a found nail; 7. 255° 30' 00" 61.67 feet to a found nail; 8. 252° 41' 00" 24.74 feet to a found %2" iron pipe; 9. 252° 17' 00" 70.94 feet to a found nail; 10. 249° 00' 00" 22.68 feet to a found nail; 11. 245° 53' 00" 36.24 feet to a found nail; 12. 249° 31' 00" 41.22 feet to a found nail; 13. 246° 40' 00" 77.55 feet to a found nail; 14. 253° 11' 00" 60.37 feet to a found nail; Thence for th e next nine (9) courses following along Keauhou View Estates Phase VI (File Plan No . 2316): 15. 253° 11' 00" 42.16 feet to a found nail; 16. 250° 48' 00" 71.12 feet to a found nail; 17. 241 ° 45' 00" 9.19 feet to a found nail; 18. 249° OS' 00" 11.04 feet to a found nail; 19. 239° 25' 00" 22.98 feet to a found nail; 20. 234° 54' 00" 37.47 feet to a found nail; 21. 237° 03' 00" 34.58 feet to a found nail; 22, 229° 36' 00" 15.00 feet to a found nail; -2- 23. 238° 39' 00" 3.04 feet to a found nail in the West line of Parcel 18, being Kahului-Keauhou Parkway; Thence for the next two (2) courses following along said Parcel 18, being Kahului- Keauhou Parkway (Alii Parkway): 24. 354° 55' S7" 47.45 feet to a found nail; 25. 355° 15' 00" 496.27 feet to a found %2" iron pipe in concrete at the middle of a stone wall; Thence for the next twenty-six (26) courses following along the middle of a stone wall, along Royal Patent No. 6856, Land Commission Award 7713, Apana 6 to V. Kamamalu: 26. 70° 06' 21" 35.73 feet to a found nail; 27. 74° 25' S7" 48.88 feet to a found nail; 28. 74° 55' 25" 48.63 feet to a found nail; 29. 74° 22' 26" 34.12 feet to a found nail; 30. 71° 41' 46" 17.54 feet to a found nail; 31. 79° 13' 10" 28.28 feet to a found nail; 32. 70° 50' 19" 17.01 feet to a found nail; 33. 71° 04' O1" 29.36 feet to a found nail; 34. 70° 11' 49" 42.74 feet to a found nail; 35. 65° 24' 10" 16.68 feet to a found nail; 36. 73° 04' 27" 39.19 feet to a found nail; 37. 74° 15' 41" 40.32 feet to a found nail; 38. 73° 52' 16" 85.80 feet to a found nail; 39. 69° 55' 37" 36.94 feet to a found nail; 40. 81 ° 19' S4" 20.96 feet to a found nail; -3- 41. 71 ° 59' 42" 13.61 feet to a found nail; 42. 73° 26' 45" 32.81 feet to a found nail; 43. 67° OS' 11" 93.29 feet to a found nail; 44. 73° 03' S3" 24.94 feet to a found nail; 45. 72° 48' 22" 39.75 feet to a found nail; 46. 76° 08' 18" 17.99 feet to a found nail; 47. 61° 33' 46" 20.42 feet to a found nail; 48. 62° 19' 19" 36.10 feet to a found nail; 49. 65° 46' 32" 13.81 feet to a found nail; 50. 82° 14' 49" 19.81 feet to a found nail; 51. 65° 04' 39" 14.87 feet to a found nail; Thence for the next three (3) courses following along Lot No. 3-C, being the West line of this herein-described tract: 52. 150° 00' 00" 456.55 feet to a found %2" rebar with cap; Thence, following a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 53. 160° 31' 00" 54.76 feet to a found %" rebar with cap; 54. 171 ° 02' 00" 15.00 feet to the point of beginning and containing an area of 11.05 acres, more or less. All as shown on the m ap attached h ereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following c onditions are: -4- (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. The applicant shall provide a recreational area of at least 5,000 square feet at the Naniloa Street end of the proposed subdivision, which shall be maintained by the owners' association for the proposed subdivision. D. The applicant shall implement and/or require implementation of water and energy conservation measures in the development of the houses within the proposed subdivision, utilizing measures similar to the LEED Standards of the U.S. Green Building Council, which shall be binding on the owners of the association and owners of all lots in the proposed subdivision. Compliance with this condition shall be verified by a LEED certified architect. E. Final subdivision approval shall be secured within five (5) years from the effective date of this ordinance. F. Access to the development shall meet with the approval of the Department of Public Works. Access to the future Kahului-Keauhou Parkway shall not be allowed unless approved the Department of Public Works. Vehicular access to individual lots shall not be permitted from the Kahului-Keauhou Parkway. A gated vehicular emergency egress to the Kahului-Keauhou Parkway maybe installed if allowed by the Department of Public Works. The applicant shall -5- construct a pedestrian pathway connecting a street within the project to the multipurpose path on the Kahului-Keauhou Parkway. G. During the construction of the proposed subdivision, the applicant shall cause vehicular construction traffic to utilize an access route across the property to the west and/or south. H: The applicant shall provide road and traffic improvements as follows: Alternative 1: Construct a new alternate access road from Alii Drive to the project through currently vacant property to the west or south, meeting with the approval of the Department of Public Works. The road maybe constructed as a minor or local street and may allow direct access from individual lots, and shall be dedicated to the County upon completion. It shall include a dedicated left turn lane at the Alii Drive intersection. The road shall connect with a street in the project that provides a further stubout to the adjacent property to the south (TMK: 7-8-010:004). Alternative 2: Construct improvements at the intersection of Alii Drive and Queen Kalama Street, including alert-turn lane from Alii Drive into Queen Kalama Street, and including any necessary pavement widening, retaining structures, relocation of utilities, and improvement of sight distance at the intersection. I. Within the project area, the applicant shall provide two road stubouts to the adjoining property to the south (TMK: 7-8-010:004), connect to Naniloa Street to the north, and, if Alternative 2 is chosen, shall provide one stubout to the adjoining property to the west (TMK: 7-7-008:001). Unless otherwise allowed by the approval of a Planned Unit Development Permit for the proposed subdivision, all streets within the project shall be constructed with curbs, gutters, and sidewalks. Any streets that are part of a route providing connections between Naniloa Street, Alii Drive, and the adjacent property to the south (TMK: 7-8- 010:004) and to the west (TMK: 7-7-008:001) shall either be constructed to County dedicable standards or as otherwise required by the Planned Unit Development Permit, and shall be dedicated to, and accepted by, the County upon completion. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. K. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to receipt of Final Subdivision Approval. The drainage study shall include potential impacts from the Kahului-Keauhou Parkway culverts. -6- L. The proposed subdivision shall connect to the County sewer system. M. The applicant and its successors in interest shall be responsible for any noise abatement measures for the subject property, which maybe required to qualify the Kahului-Keauhou Parkway for Federal funding. Until the completion of the Kahului-Keauhou Parkway through the subject property, covenants in all deeds to subject property, including deeds to individual units and to any lots subdivided from the subject property, and promotional and sales materials given to prospective purchasers, shall inform prospective owners of the following: "Plans for the area involve the construction of the Kahului-Keauhou Parkway within a right-of--way shown on the attached map. The Kahului-Keauhou Parkway will be a major highway that is expected to carry a high volume of traffic. The County of Hawaii has determined that the construction of this highway is important to the proper development of Kona as a whole. The construction of the Kahului- Keauhou Parkway will create noise, dust, and other impacts. The contractor building the Parkway will be required to follow some regulations to reduce noise and dust, but some impacts will occur. After completion, traffic on the Kahului- Keauhou Parkway will cause noise and other effects that must be expected from a busy roadway. A prospective purchaser who cannot accept the future construction of the Kahului-Keauhou Parkway in this area is advised to seek another area to reside. This property was rezoned on condition that if noise abatement measures between the Parkway and adjacent residences in this project must be taken to qualify the Kahului-Keauhou Parkway project for Federal funding, the residential owners would be required to pay for the noise abatement." The sales materials and covenants do not have to follow the exact wording of this condition but shall inform the prospective purchasers of the substance of this condition. N. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. O. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. P. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. Q. A Data Recovery Plan for the two sites recommended for preservation (Sites 24842 and 24534) shall be submitted to the DLNR-HPD for review and approval. A landscaped buffer shall be constructed around the sites. -7- R. A Burial Treatment Plan for Site 24842 shall be submitted for the review and approval of the Planning Director in consultation with the DLNR-HPD and Hawaii Island Burial Council. The proposed mitigation treatment for the burial site shall be approved by the Hawaii Island Burial Council before detailed mitigation plans are finalized. A copy of the approved Burial Treatment Plan shall be submitted to the Planning Director prior to the issuance of any land alteration permits. S. Should any undiscovered remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. T. 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 requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. U. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and maybe increased or reduced proportionally if the lot counts are adjusted. 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 a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution 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 (HOPI). The fair share contribution shall have a maximum combined value of $11,506.13 per single-family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: • $5,548.46 per single-family residential unit to the County to support park and recreational improvements and facilities; -8- • $267.66 per single-family residential unit to the County to support police facilities; • $528.66 per single-family residential unit to the County to support fire facilities; • $231.45 per single-family residential unit to the County to support solid waste facilities; • $4,929.90 per single-family residential unit to the County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. The applicant shall receive a credit against the fair share contribution required for road and traffic improvements in the amount of the costs of construction of the intersection and left turn improvements at Alii Drive under Alternative 1 or Alternative 2 of Condition H herein. V. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. W. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. X. An annual progress report shall be submitted to the Planning Director prior to the effective date of the ordinance. The report shall include, but not be limited to, the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. Y. An initial extension of time for the performance of conditions within this ordinance maybe granted by the Planning Director upon the following circumstances: -9- 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 maybe extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other, parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED COUNCIL MED~IBER, COUNTS OH HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 1299 1 REFERENGE~ C,o~r~n. _. -10- N y s15 N _, RS-7.5 - R -15 m O D ,Q 0 y R -1 h S-1 Q R 7 A - a -7. S A-5a 11,680.76 S 5,565.64 E "KAHELO"~ A-5a / -- ~~~ ,, ..._._. i _..__._...I I i \~ - - `~, RM-3.5 RM-3.5 ~ RS-7.5 AGRICULTURAL 5 ACRES (A•5a) -------- __._____ _ _~`,\ j\ ;` TO SINGLE-FAMILY RESIDENTIAL \ ~, 7 500 S DARE FEET RS-7.5 ~' 11.05 ACRES _ .: ~ Rs-1o ,: ~~ 7o OPEN RM-3.5 1 RM-3.5 N --- ._\ _ _._ sr V- 5 0 475 950 1,900 2,850 3,800 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 5 ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL 7,500 SQUARE FEET (RS-7.5) AT KAPALAALAEA 2ND, NORTH KONA, HAWA11 MAP PREPARED BY• MK: 7-7-008:121 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: November 26 200 EXHIBIT "/01" ~nona neignus, ~~~: icw i~ RKonaHeightsREZ-05/16/08 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KONA HEIGHTS, LLC CHANGE OF ZONE APPLICATION (REZ 07-000075) Upon review of the request for a Change of Zone from Agricultural 5-acres (A-Sa) to Single-Family Residential 7,500 square feet (RS-7.5) on approximately 11.054 acres of land against the guidelines for granting a change of zone, the Planning Director recommends that a favorable recommendation for a Change of Zone request be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they maybe subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a Change of Zone from Agricultural 5-acre (A-Sa) to Single-Family Residential 7,500 square feet (RS-7.5) to develop a 65-lot single-family residential subdivision and related improvements on approximately 11.054 acres of land. The anticipated product type is that of clustered single-family homes with smaller scale lots approximately 4,500 square feet in size. These small lots will be created through a Planned Unit Development under the proposed RS-7.5 zoning. • All structures will be one to two stories in height. • Affordable housing requirements will be met with on lands owned by the applicant mauka of the site. • Two archaeological sites and buffers will be preserved. The applicant is requesting a concurrent processing of a State Land Use Boundary Amendment from Agricultural to Urban, and a Special Management Area Use Permit to allow the proposed project. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only -1- through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural (A-5a) to a Single Family Residential (RS-7.5) zoned district will conform to, among others, the Land Use (Single Family Residential) and Housing elements of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The subject area is designated Low Density Urban. The Low Density Urban designation allows "Residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses." Thus, the proposed residential development would be consistent with the General Plan land use designation. The applicant intends to apply for a Planned Unit Development (PUD) permit after receipt of the accompanying change of zone application and approval of this permit. The Planned Unit Development is intended to encourage comprehensive site planning that adapts the design of the development to the land, by allowing diversification in the relationships of various uses, buildings, structures, open spaces and yards, building heights, and lot sizes in planned building groups, while still insuring that the intent of the Zoning Code is observed. The proposed single family residential development will add to the variety of housing inventory for the district of North Kona, and provide housing in areas that are appropriately located and serviced. Thus, the provision of this type of planned unit development housing development will implement the General PIan's Housing and Land Use Elements. The proposed development will be in harmony with the character of the surrounding neighborhood and result in an intensity of land utilization no higher than as -2- permitted or as otherwise specified for the district in which this proposed development occurs. The White Sands Beach Estates and Keauhou View Estates are zoned RS-7.5 and located adjacent to the north of the project site. Lands to the west (makai) of the property are zoned A-Sa. The Kahului - Keauhou Parkway (formerly known as Alii Highway) borders the property to the east (mauka). Lands south of the project site are zoned RS-7.5 and RM-3.5. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of North Kona. The property is currently not used for any agricultural activities. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property slopes in a westerly (makai) direction, and elevation varies from approximately 130 feet above mean sea level (MSL) at the eastern boundary to approximately 64 feet MSL along the western boundary. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such intensive agricultural activities from being conducted. Access to the project site will be from Alii Drive via the extension of the Naniloa Street stub-out at Queen Kalama Avenue. Naniloa Street has a 20 ft. wide pavement within a 50-ft right-of--way. Queen Kalama Avenue has a 20 ft. wide pavement within a 50-ft. right-of--way. Access from Alii Drive is also available from Laaloa Avenue which has a 20 ft. wide pavement within a 60-ft right-of--way. No vehicular access easements are provided from the future Kahului - Keauhou Parkway. The project proposes to connect with the future Kamehameha Investment Corporation's development (TMK: 7-8- 10: 2) south of the project site, as well as connections to Alii Drive through the currently vacant parcel (TMK 7-7-8:001) makai and adjacent to the project site. Discussions have been initiated with the adjacent makai landowner. The Department of Public Works (DPW) requires roadway connections to adjoining parcels and states that vehicular access -3- to individual lots shall be prohibited from Kahului -Keauhou Parkway. However, a gated vehicular emergency egress to Kahului -Keauhou Parkway maybe installed. On June 25, 2007, Ordinance No. 07-99, establishing "concurrency" standards for roads and water, in rezonings, took effect. This is Section 25-2-46 of the Zoning Code. This is the first rezoning application in West Hawaii of a sufficient scale to trigger a "concurrency" analysis. Under Ordinance No. 07-99, any rezoning proposing a development that will generate 50 or more trips at the AM or PM peak hour needs to prepare a traffic impact analysis report ("TIAR") that analyzes the project's effects on local and regional traffic. This project barely exceeds the 50 trip minimum threshold for a TIAR. The Planning Department required a revised TIAR for this project because the TIAR initially submitted did not address regional traffic impacts. Concurrency requirements for roads are based upon the level of service ("LOS") of roadways serving the area. If the LOS is "E" or "F", or is projected to become so within five years, the developer, to obtain rezoning, must do something to mitigate the traffic, or wait until improvements have been funded, in order to get occupancy of the development. Ordinance No. 07-99 also has an affordable housing alternative: that the development provide twice the required affordable housing, because having housing closer to job centers reduces commuting and thus helps solve the traffic problem. For this development, although Alii Drive is currently at LOS "C", and is projected to be at LOS "D" in five years, with or without the development, Kuakini Highway is at LOS "E" currently, and is expected to be at LOS "E" in five years, with or without the project. The TIAR does not assume that any major roads will be completed within five years, although it does assume that there will be a left turn on Alii Drive into Laaloa Ave. It is interesting that the TIAR concludes that in 2016, even with the assumed completion of the Mamalahoa Bypass (Keauhou to Napopoo), the Kahului- Keauhou Parkway Phase I (Keauhou to Lako St.) and the La'aloa Ave. extension to Kuakini, that Kuakini will still be at LOS "E" because of the expected overall increase in traffic. Because Kuakini is at LOS "E", the developer must do mitigation, or wait until the completion of a major road improvement, like the Kahalui-Keauhou Parkway, or build additional affordable housing. -4- Mitigation should be commensurate with the impact of the project. In this case, the projected traffic is small: the TIAR expects that during the period when all traffic uses Alii Drive, it would only increase traffic on Alii Drive by about 5%. The concurrency ordinance also provides that the Planning Director shall give options to the council on how concurrency can be achieved. In this situation, there are several possible alternatives: Alternative 1: The draft Kona Community Development Plan proposes a connector road in the vicinity of this property, that would provide a mauka-makai connection between Alii Drive and the Kahului-Keauhou Parkway. The alignment of the connector is conceptual in the draft CDP, and is shown on the boundary between this property and the KIC property to the south. See Exhibit 18. The eventual connection to the Parkway would be on KIC property. The Parkway plans originally had an intersection at Makolea St., about .6 miles to the south, but this had to be eliminated because of the burial issue near this intersection. The result is that unless there is another connection as shown in the CDP, there would be no connection between Alii Drive and the Kahului - Keauhou Parkway between the Keauhou Shopping Center and La'aloa Ave., a distance of about 1.8 miles. The conditions of zoning would allow this to be built as a minor or local street, rather than as a collector, because it would be just one of a network of streets eventually providing access between Alii Drive and the Kahului - Keauhou Parkway. The difficulty for the applicant with Alternative 1 is that it cannot connect to Alii Drive without access through property it does not currently own. Alternative 2: the applicant could provide improvements to Alii Drive, specifically, a left turn lane at the Queen Kalama/Alii Drive intersection. Alternative 3: the applicant could provide twice the affordable housing normally required under Chap. 11. In this case, the applicant would still be required to make some improvements to the Queen Kalama/Alii Drive intersection because of safety and traffic flow issues. Alternative 4: the applicant could wait for occupancy until funds have been committed for Phase I of the Kahului - Keauhou Parkway. Although Kuakini might still be at LOS "E", the TIAR projects traffic on the Kahului - Keauhou Parkway to be at LOS "D" in 2016, hence adequate under the concurrency standards. In this case, the applicant -5- would still be required to make some improvements to the Queen Kalama/Alii Drive intersection because of safety and traffic flow issues. The proposed conditions of zoning are written so that the applicant has the option of Alternative 1 or 2. If Alternative 1 is chosen, the applicant would not be expected to make any improvements to the Queen Kalama/Alii Drive intersection, because most of the project traffic would be expected to use the new alternative road. If Alternative 2 is chosen, the applicant would still have to build a road within the project that could be a portion of a mauka-makai connector road, but would not build the portion between their property and Alii Drive. Alternatives 3 and 4 have not been incorporated into the proposed conditions of zoning because it creates such a complex ordinance, but if the applicant wishes, the ordinance could be written to include these alternatives. County water is available to the project site from an existing 6-inch waterline within Queen Kalama Avenue, approximately 150 feet from the parcel. According to the applicant, the project is registered with the U.S. Green Building Council as a LEED project and has indicated that LEED design criteria require lower water demands than County requirements. As such; the DWS requests that the applicant submit data and calculations prepared by a registered professional engineer to support the LEED design criteria. The project will connect to the county wastewater system. All essential utilities are available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is situated within the Special Management Area, mauka of Alii Drive. The site is approximately 800 feet from the coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the project area. Thus, the proposed request and use of the property will not adversely impact those resources. The property is overgrown with vegetation, currently vacant and located outside of the Kahaluu Historic District. The White Sands Beach Estates and Keauhou View Estates are zoned RS-7.5 and located adjacent to the north of the project site. Lands to the west (makai) of the -6- property are zoned A-Sa. The Kahului - Keauhou Parkway (Alii Highway) borders the property to the east (mauka). Lands south of the project site are zoned RS-7.5 and RM- 3.5. A survey titled Archaeological Inventory Survey, TMK: 7-7-08: 121, Land of Kapalaalaea 2, North Kona District, Island of Hawaii was prepared by Haun and Associates in January, 2006 (Appendix B). The archaeological inventory survey identified 14 sites assessed as significant for their information content. Nine sites were recommended for mitigation through data recovery, and two sites were recommended for preservation. The plans for data recovery will be detailed in a Data Recovery Plan prepared for DLNR-SHPD review and approval. Specific plans for preservation and maintenance of a burial feature will be detailed in a Burial Treatment Plan prepared for DLNR-SHPD and the Hawaii Island Burial Council's review and approval. The project will not impact the preservation sites. A protective buffer (fence) will be established around the sites. A study titled Cultural Impact Study/Assessment, Laipala Heights, Kapalaalaea Ahupuaa, District of North Kona, Hawaii Island was prepared by Kaimipono Consulting Services LLC in December, 2006 (Appendix C). The study concluded that "while evidence of ancient or traditional cultural practices still exists on the project lands, there does not appear to be any evidence of any ongoing traditional cultural practices, except perhaps fishing, which, while not directly impacted by the project, may indirectly impact this resource." Vegetation at the site is characterized by koa haole scrub land. A Survey of Botanical, Avian and Terrestrial mammalian Species for the proposed Laipala Heights Subdivision, North Kona District, Island of Hawaii prepared by Rana Productions in 2006 identified 36 plant species of which two were indigenous. No hoary bats were detected during the field survey. The avian survey identified 224 birds of fourteen different non-native species. There were no species of flora or fauna currently listed as endangered, threatened or proposed for listing under either the State or Federal endangered species programs. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina "decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. These rights must be addressed in terms of the cultural, historical, -~- and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: The applicant has submitted the following studies from which the Planning Commission can determine the valued natural, cultural and historical resources in the project area. • A Survey of Botanical, Avian and Terrestrial mammalian Species for the proposed Laipala Heights Subdivision, North Kona District, Island of Hawaii prepared by Rana Productions in 2006 • Archaeological Inventory Survey, TMK.• 7-7-08: 121, Land of Kapalaalaea 2, North Kona District, Island of Hawaii prepared by Haun and Associates in January, 2006 • Cultural Impact Study/Assessment, Laipala Heights, Kapalaalaea Ahupuaa, District of North Kona, Hawaii Island prepared by Kaimipono Consulting Services LLC in December, 2006 The valuable cultural historical and natural resources found in the area: Both the floral/fauna and archaeological studies revealed no endangered species or historical sites on the project site. However, a condition will be included to require the applicant to cease work and notify the DLNR-HPD should any remains be discovered on the site, until given clearance to proceed by the DLNR-HPD. The submittal of a Data Recovery Plan and a Burial Treatment Plan will be required as a condition of approval for the two sites in the project area. Possible adverse effects or impairment of valued resources: Native vegetation maybe destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. According to the botanical and archaeological studies submitted by the applicant, the project will not adversely impact resources in the area. Feasible actions to protect native Hawaiian rights: The applicant has stated that thexe is no evidence of any traditional or customary Native Hawaiian rights being practiced on the project site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which -8- traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A-Sa) to a Residential (RS-7.5) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration to the County Council. Please note the proposed conditions of approval attached to the draft bill. -9- KONA HEIGHTS, LLC CHANGE OF ZONE APPLICATION (REZ 07-000075) CONDITIONS OF APPROVAL CKonaHeigihtsREZ-05/16/08 A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this permit. C. Final subdivision approval shall be secured within five (5) years from the effective date of this ordinance. D. Access to the development shall meet with the approval of the Department of Public Works. Access to the future Kahului - Keauhou Parkway shall not be allowed unless approved the Department of Public Works. Vehicular access to individual lots shall not be permitted from the Kahului - Keauhou Parkway. A gated vehicular emergency egress to Kahului - Keauhou Parkway maybe installed if allowed by the Department of Public Works. The applicant shall construct a pedestrian pathway connecting a street within the project to the multipurpose path on the Kahului - Keauhou Parkway. E. The applicant shall provide road and traffic improvements as follows: Alternative l: Construct a new alternate access road from Alii Drive to the project through currently vacant property to the west, meeting with the approval of the Department of Public Works. The road maybe constructed as a minor or local street and may allow direct access from individual lots, and shall be dedicated to the county upon completion. It shall include a dedicated left turn lane at the Alii Drive intersection. The road shall connect with a street in the project that provides a further connection to adjacent property to the south (T.M.K. No. 7-8-10:04). Alternative 2: Construct improvements at the intersection of Alii Drive and Queen Kalama Street, including a left-turn lane from Alii Drive into Queen Kalama Street, and including any necessary pavement widening, retaining structures, relocation of utilities, and improvement of 1 sight distance at the intersection. F. Within the project area, the applicant shall provide two road connections to the adjoining property to the south (T.M.K No. 7-8-10:4), shall connect to Naniloa Drive to the north, and, if Alternative 2 is chosen, shall provide one connection to the adjoining property to the west (T.M.K. No. 7-7-8:01). All streets within the project shall be constructed with curbs, gutters, and sidewalks, and, if they are part of a route providing connections between Naniloa Street, Alii Drive, and the adjacent property to the south (T.M.K No. 7-8-10:04), shall be dedicated to the county upon completion. G. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. H. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to receipt of Final Subdivision Approval. The drainage study shall include potential impacts from the Kahului -Keauhou Parkway culverts. I. The proposed subdivision shall connect to the County sewer system. J. The applicant and its successors in interest shall be responsible for any noise abatement measures for the subject property, which maybe required to qualify the Kahului -Keauhou Parkway for federal funding. Until the completion of the Kahului - Keauhou Parkway through the subject property, covenants in all deeds to subject property, including deeds to individual units and to any lots subdivided from the subject property, and promotional and sales materials given to prospective purchasers, shall inform prospective owners of the following: "Plans for the area involve the construction of the Kahului -Keauhou Parkway within aright-of--way shown on the attached map. The Kahului -Keauhou Parkway will be a major highway that is expected to carry a high volume of traffic. The County of Hawaii has determined that the construction of this highway is important to the proper development of Kona as a whole. The construction of the Kahului -Keauhou Parkway will create noise, dust, and other impacts. The contractor building the Parkway will be required to follow some regulations to reduce noise and dust, but some impacts will occur. After 2 completion, traffic on the Kahului -Keauhou Parkway will cause noise and other effects that must be expected from a busy roadway. A prospective purchaser who cannot accept the future construction of the Kahului -Keauhou Parkway in this area is advised to seek another area to reside. This property was rezoned on condition that if noise abatement measures between the Parkway and adjacent residences in this project must be taken to qualify the Kahului -Keauhou Parkway project for federal funding, the residential owners would be required to pay for the noise abatement." The sales materials and covenants do not have to follow the exact wording of this condition but shall inform the prospective purchasers of the substance of this condition. K. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. L. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. M. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. N. A Data Recovery Plan for the two sites recommended for preservation (Sites 24842 and 24534) shall be submitted to the DLNR-HPD for review and approval. A landscaped buffer shall be constructed around the sites. O. A Burial Treatment Plan for Site 24842 shall be submitted for the review and approval of the Planning Director in consultation with the DLNR-HPD and Hawaii Island Burial Council. The proposed mitigation treatment for the burial site shall be approved by the Hawaii Island Burial Council before detailed mitigation plans are finalized. A copy of the approved Burial Treatment Plan shall be submitted to the Planning Director prior to the issuance of any land alteration permits. P. Should any undiscovered 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- 3 Q R. Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigation measures have been taken. 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 requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and maybe increased or reduced proportionally if the lot counts are adjusted. 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 a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of 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 $11,506.13 per single-family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: • $5,548.46 per single-family residential unit to the County to support park and recreational improvements and facilities; • $267.66 per single-family residential unit to the County to support police facilities; • $528.66 per single-family residential unit to the County to support fire 4 facilities; • $231.45 per single-family residential unit to the County to support solid waste facilities; • $4,929.90 per single-family residential unit to the County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the , County Council. S. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. T. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. U. An annual progress report shall be submitted to the Planning Director prior to the effective date of the ordinance. The report shall include, but not be limited to, the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. V. An initial extension of time for the performance of conditions within this ordinance maybe 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. 5 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 maybe extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. 6 C®IJN'L'~ ®F I-iAWAI`I ORDINANCE NO. S'L'ATE ®F HAWAII BILL NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES (A-Sa) TO SINGLE FAMILY RESIDENTIAL - 7,500 SQUARE FEET (RS-7.5) AT KAPALAALAEA 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-7-008:121. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kapalaalaea 2na, North Kona, Hawaii, shall be Single Family Residential - 7,500 square feet (RS-7.5): Beginning at a found %2" iron rebar, being the Northwest corner of this herein- described tract of land, being the Southeast corner of Lot No. 2 of White Sands Beach Estates Subdivision (File Plan No. 1480) and the Southwest terminus point of Naniloa Street; the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 11,680.76 feet South and 5565.64 feet East, and running by azimuths clockwise, measured from true South: Thence for the next twenty-three (23) courses following along the middle of stonewall, along Land Commission Award No. 4452, Apana 2 to H. Kalamai 1. 255° 22' 40" 175.85 feet along File Plan No. 1480 to a found "X" in rock; Thence for the next thirteen (13) courses following along Keauhou View Estates Phase I (File Plan No. 2268) and Phase III (File Plan No. 2275}: 2. 253° 26' 00" 46.03 feet to a found nail; -1- 3. 254° 53' 00' 50.09 feet to a found nail; 4. 252° 43' 00" 65.74 feet to a found nail; 5. 256° 34' 00" 69.20 feet to a found nail; 6. 264° 02' 00" 42.91 feet to a found nail; 7. 255° 30' 00" 61.67 feet to a found nail; 8. 252° 41' 00" 24.74 feet to a found %2" iron pipe; 9. 252° 17' 00" 70.94 feet to a found nail; 10. 249° 00' 00" 22.68 feet to a found nail; 11. 245° 53' - 00" 36.24 feet to a found nail; 12. 249° 31' 00" 41.22 feet to a found nail; 13. 246° 40' 00" 77.55 feet to a found nail; 14. 253° 11' 00" 60.37 feet to a found nail; Thence for th e next nine (9) courses following along Keauhou View Estates Phase VI (File Plan No . 2316): 15. 253° 11' 00" 42.16 feet to a found nail; 16. 250° 48' 00" 71.12 feet to a found nail; 17. 241 ° 45' 00" 9.19 feet to a found nail; 18. 249° OS' 00" 11.04 feet to a found nail; 19. 239° 25' 00" 22.98 feet to a found nail; 20. 234° 54' 00" 37.47 feet to a found nail; 21. 237° 03' 00" 34.58 feet to a found nail; 22. 229° 36' 00" 15.00 feet to a found nail; -2- 23. 238° 39' 00" 3.04 feet to a found nail in the ~1Vest line of Parcel 18, being Kahului-Keauhou Parkway; Thence for the next two (2) courses follow ing along said Parcel 18, being Kahului- Keauhou Parkway (Alii Parkway): 24. 354° 55' S7" 47.45 feet to a found nail; _ 25. 355° 15' 00" 496.27 feet to a found %" iron pipe in concrete at the middle of a stone wall; Thence for the next twenty-six (26) courses following along the middle of a stone wall, along Royal Patent No. 6856, Land Comm ission Award 7713, Apana 6 to V. Kamamalu: 26. 70° 06' 21" 35.73 feet to a found nail; 27. 74° 25' - 57" 48.88 feet to a found nail; 28. 74° 55' 25" 48.63 feet to a found nail; 29. 74° 22' 26" 34.12 feet to a found nail; 30. 71 ° 41' 46" 17.54 feet to a found nail; 31. 79° 13' 10" 28.28 feet to a found nail; 32. 70° 50' 19" 17.01 feet to a found nail; 33. 71 ° 04' O1" 29.36 feet to a found nail; 34. 70° 11' 49" 42.74 feet to a found nail; 35. 65° 24' 10" 16.68 feet to a found nail; 36. 73° 04' 27" 39.19 feet to a found nail; 37. 74° 15' 41" 40.32 feet to a found nail; 38. 73° 52' 16" 85.80 feet to a found nail; 39: 69° 55' 37" 36.94 feet to a found nail; 40. 81 ° 19' S4" 20.96 feet to a found nail; -3- 41. 71 ° 59' 42" 13.61 feet to a found nail; 42. 73° 26' 45" 32.81 feet to a foundnail; 43. 67° OS' 11" 93.29 feet to a found nail; 44. 73° 03' S3" 24.94 feet to a found nail; 45. 72° 48' 22" 39.75 feet to a found nail; 46. 76° 08' 18" 17.99 feet to a found nail; 47. 61 ° 33' 46" 20.42 feet to a found nail; 48. 62° 19' 19" 36.10 feet to a found nail; 49. 65° 46' - 32" 13.81 feet to a found nail; 50. 82° 14' 49" 19.81 feet to a found nail; 51. 65° 04' 39" 14.87 feet to a found nail; Thence for the next three (3) courses following along Lot No. 3-C, being the West line of this herein-described tract: 52. 150° 00' 00" 456.55 feet to a found %" rebar with cap; Thence, following a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 53. 160° 31' 00" 54.76 feet to a found %i" rebar with cap; 54. 171 ° 02' 00" 15.00 feet to the point of beginning and containing an area of 11.05 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: -4- (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -5- N S15 N ., RS-7.5 , R -15 i 10 ,Q 0 y R -1 ~ S-1 Q ~ R 7 S - a -7. It A-5a iii, 11,680.76 S 5,56564 E "KAHELO"A A-5a '~ i ~ --_ _.~ RM-3.5 RM-3.5 ~ ' RS-7.5 \~~ ~ ji i ;' I ' ~' ; ;~ .. .. , AGRICULTURAL 5 ACRES (A-5a) ----- ------ .-__._ __, _ ~` t' TO SINGLE-FAMILY RESIDENTIAL - -' - y - ~ 7 500 S UARE FEET RS-7.5 ` 1 11.05 ACRES ~~ ~ RS-10 C ,\ 7o OPEN `'~ RM-3.5 ~! RM-3.5 `, ,~ ``` ,`` ,~,\ ,\ ~ i cn V- 5 ` ..., I i ,~ ~ i r 0 475 950 1,900 2,850 3,800 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 5 ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL 7,500 SQUARE FEET (RS-7.5) AT KAPALAALAEA 2ND, NORTH KONA, HAWAII MAP PREPARED BY MK: 7-7.008:121 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: November 26 200 ExH~BIT "A° (Kona Heights, LLC:1241)