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Home My WebLink AboutCOM 0146.000 2008-2010 sr;ca+fe~ ,tmt, 1~ William P. Kenai - William T. Takaba Mayor . Managing Director Wally Lau County of Hawaii Deputy Mmmging Director 891 Mulani Shea • Hilo, Hawaii 96720.3982 • (808) 9614211 • Faa (808) 961.6553 KONA 75-5706 Kusldni Highway, Suite 103 • Kailaa-Kona, Hawaii 96740 (809) 329.5226 • Fax (808) 326.5663 February 3, 2009 Honorable J Yoshiinoto, Chairman and Members of the County Council County ofHawai`i 333 Kilauea Avenue Hilo, HI 96720 Dear Chaimlan Yoshimoto and Members: State Land Use Boundary Amendment Application (SLU 08-000021) Request: Agricultural to Urban Change of Zone Application (REZ 08-000085) Request A-20a to ML la Applicant: Hawaiian Rainforest Water Co., LLC Tax Map Key: 1-6-3:18 and 23 Change of Zone Application (REZ 68-000087) Applicant: Michael Tokunaga and Peggy Konanui-Tokunaga Request: RS-10 to CN-10 Tax Map Key: 2-2-34:88 Change of Zone Application (REZ 08-000088) Applicant: S. Russell and Akiko Oda Request: RS-10 to CN-10 Tax Map Key: 2-2-34:36 ,/Change of Zone Ordinance No. 06 137 (REZ 709, Docket Ref. No. 91-000003) G Change of Zane Ordinance No. 06 138 (REZ 524, Docket Ref. No. 85-000034) Applicant: Samson LLC Request: Amendment to Condition C of Ordinance Nos. 06137 and 06 138 Tax Man Kcr. 7-5-10•oortion 13 As required by Chapter 4, Sec. 64.3(C), Hawaii County Charter, transmitted herewith for the County j Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. S' may, i P. K i Mayor ,i Enclosures /~~f// cc: Planning Department Comm. N0. TV County of Hawaii is an Equal Opportunity provide and Employer. Ref. To:, G Ref. Date ~3i~~30 ~ 31~ M<Y 01" X11 ~ O~•Mt' tv.~ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 r > co Phone (808) 961-8288 Fax (808) 961-8742 CD February 3, 2009 ZB L } = t?; (V Iti The Honorable J Yoshimoto, Chairman - Cn and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2nd Floor Hilo, Hi 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Ordinance No. 06 137 (REZ 709, Docket Ref. No. 91-000003) j Change of Zone Ordinance No. 06 138 (REZ 524, Docket Ref. No. 85-000034) Applicant: Samson LLC Request: Amendment to Condition C of Ordinance Nos. 06 137 and 06 138 Tax Map Key' 7-5-10'portion 13 The Planning Commission at its duly held public hearing on January 22, 2009, reviewed and acted on the above-referenced requests for: (1) a time extension to Condition C (Final Plan Approval and Completion of Construction) of Ordinance No. 06 137, which rezoned 3.224 acres of land from Unplanned (U) to Multiple Family Residential - 2,500 square feet (RM-2.5) and 2.29 acres of land from Double Family Residential - 3,750 square feet (RD-3.75) to Village Commercial - 7,500 square feet (CV-7.5) and (2) a time extension to Condition C (Final Plan Approval and Completion of Construction) of Ordinance No. 06 138, which rezoned 45,411 square feet of land from 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 and adjacent to the Aloha Kona Subdivision, Hienaloli 4th and 5th, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: The applicant requests an extension of time to Condition C (Final Plan Approval and Completion of Construction) of Ordinance Nos. 06 137 and 06 138. Condition C of both ordinances state: Hawaii County is an Egual Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 "C. 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, Chapter 25 (Zoning Code), Hawaii County Code within two (2) years from the effective date of this amendment. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." The 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. The applicant states "the recent global, national and local economic picture has undergone historic changes, which has proved even more significant for the real estate development business. As a result of these events, the project funding sources have decided to temporarily hold-off on firm commitments, thus preventing the applicant from securing the financing necessary to obtain Final Plan Approval and payment of the fair share contributions under Ordinance Nos. 06 137 and 06 138." The applicant anticipates that the financial markets will stabilize in the near term, allowing them to continue with the development of the project. 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 Multiple Family Residential (RM- 2.5) and Village Commercial (CV-7.5), which allows for multiple family residential uses. Both zoning designations are 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 Nos. 06 137 and 06 138 are still required. Based on the above findings, the proposed amendment to Condition C of Ordinance Nos. 06 137 and 06 138 is not contrary to the original reasons for approving the Change of Zone. In addition, the Planning Director recommends that existing conditions in the ordinances be revised to reflect the current standard language for conditions of approval. For your favorable consideration, amendments to Ordinance Nos. 96 137 and 96 138 are transmitted. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, ~~2anabe, Rodney Chairman Planning Commission Lsamsonrez709&524PC02 Enclosures cc: Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel f BSarnson06137138AMMdCAd 1/5/09 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SAMSON LLC CHANGE OR ZONE ORDINANCE NOS. 06 137 and 06 138 AMENDMENT TO CONDITION C SAMSON LLC has submitted a request for a 1) time extension to Condition C (Final Plan Approval and Completion of Construction) of Ordinance No. 06 137, which rezoned 3.224 acres of land from Unplanned (U) to Multiple-family Residential - 2,500 square feet (RM-2.5) and 2.29 acres of land from Double-Family Residential - 3,750 square feet (RD-3.75) to Village Commercial - 7,500 square feet (CV-7.5); and 2) time extension to Condition C (Final Plan Approval and Completion of Construction) of Ordinance No. 06 138, which rezoned 45,411 square feet of land from Multiple-Family Residential - 2,000 square feet (RM-2) to Village Commercial - 7,500 square feet (CV-7.5). The project area is located along the north side of Hualalai Road, adjacent to the Aloha Kona Subdivision, Hienaloli 4a' and 51, North Kona, Hawaii, TMK: 7-5-10: Por. 13. PROPOSED ACTION 1. Request: Time extension to Condition C (Final Plan Approval and Completion of Construction) of Ordinance Nos. 06 137 and 06 138. Condition C states: "C. 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, Chapter 25 (Zoning Code), Hawaii County Code within two (2) years from the effective date of this amendment. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping ATTACH: Comm. 146 Bills 30 & 31 Requirements)." (Exhibit 1 - Applicant's letter dated November 5, 2008 and attachments) 2. Reasons for the request: The applicant states "the recent global, national and local economic picture has undergone historic changes, which has proved even more significant for the real estate development business. As a result of these events, the project funding sources have decided to temporarily hold-off on firm commitments, thus preventing the applicant from securing the financing necessary to obtain Final Plan Approval and payment of the fair share contributions under Ordinance Nos. 06 137 and 06 138." The applicant anticipates that the financial markets will stabilize in the near term, allowing them to continue with the development of the project. ADDITIONAL INFORMATION 3. Chronology: Although the former applicant 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 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. 90 010. As a result of the consolidation of the prior parcels into the current parcel (TMK: 7-5-10: 13) consisting of approximately 6.563 acres, Ordinance No. 95 118 (formerly Ordinance No. 92 36) and Ordinance No. 90 010 (formerly Ordinance No. 86 49) are considered a consolidated project with similar time-related conditions. Currently, Ordinance Nos. 06 137 and 06 138 cover the project area. 4. Ordinance No. 06 137: • April 24, 1992: Effective date of Ordinance No. 92 36 which amended the district classification for 3.224 acres from Unplanned (U) to Multiple-Family Residential (RM-2.5) and 2.296 acres from Double Family Residential (RD-3.75) to Village Commercial (CV-7.5) to allow the construction of a commercial and multiple- -2- family residential project on TMK: 7-5-23: 63 (former TMK number). • October 12, 1995: Effective date of Ordinance No. 95 118 which amended Condition E (commence construction) of Ordinance No. 92 36. (P.D. Exhibit 2 - Ordinance No. 95 118) • March 3, 2006: Request for a time extension to Conditions D (final plan approval) and Condition E (commence construction), to delete the commercial component and allow the development of 146 multiple-family residential units. • November 8, 2006: Effective date of Ordinance No. 06 137. (P.D. Exhibit 3 - Ordinance No. 06137) 5. Ordinance No. 06 138: • June 2, 1986: Effective date of Ordinance No. 86 49 which amended the district classification for approximately 1.042 acres (45,411 square feet) 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 on TMK: 7-5-23: 64 and 67 (former TMK number). An existing multiple-family structure was also proposed to be converted into an office building. • February 13,1990: Effective date of Ordinance No. 90 010 which amended various conditions within Ordinance No. 86 49. (P. D. Exhibit 4 - Ordinance No. 90 010) • March 3, 2006: Request for a time extension to Conditions B (final plan approval) and Condition C (commence construction), to delete the commercial component and allow the development of 146 multiple-family residential units. • November 8, 2006: Effective date of Ordinance No. 06 138. (P.D. Exhibit 5 - i Ordinance No. 06 138) AGENCIES' COMMENTS 6. Department of Water Supply: P.D. Exhibit 6 - December 12, 2008 memo 7. Fire Department: P.D. Exhibit 7 - December 3, 2008 memo 8. Department of Environmental Management: P.D. Exhibit 8 - November 24, 2008 memo -3- 9. Department of Land and Natural Resources Historic Preservation Division: P.D. Exhibit 9 - December 4, 2008 memo 10. Department of Education: P.D. Exhibit 10 - December 15, 2008 memo AGENCIES - NO RESPONSE 11. Department of Parks and Recreation, Office of Housing and Community Development, Department of Health AGENCIES - NO COMMENTS 12. Department of Public Works, Police Department, DLNR Land Division PUBLIC COMMENTS 13. None as of this writing. -4- CARLSMITH BALL LLP 2008 moll r pM 2 0' A LIMITED LIABILITY LAW PARTNERSHIP PLANNING DEPARTMENT 121 WAIANUENUE AVENUE COUNTY or HAWAII P.O. Box 686 HILO, HAWAII 96721-0686 1'ELEPHONE 808.935.6644 FAx 808.935.7975 W W W.CARLSMURCOM - SLIM@CARL5MITH,C0M November 5, 2008 Christopher J. Yuen Planning Director Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Request for Time Extension Ordinance No. 06-137 and Ordinance No. 06-138 Condition C - Deadline for Final Plan Approval and Completion of Construction Applicant: Samson LLC TMK No. (3) 7-5-010:013 (formerly TMK: (3) 7-5-023:063, 064 and 067) Dear Mr. Yuen: On behalf of our client, Samson LLC, we hereby request a time extension for Condition C of both Change of Zone Ordinance Nos. 06-137 and 06-138, to allow for additional time to secure Final Plan Approval, in addition to completing construction of the proposed one hundred forty-nine (149) multiple family residential units on the subject property. On November 8, 2006, the County Council approved both Ordinance No. 06-137 and Ordinance No. 06-138, which reclassified the separate areas of the subject property to Multiple-Family Residential-2,500 square feet (RM-2.5) and Village Commercial-7,500 square feet (CV-7.5). Condition C for both Ordinances provides that: 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, Chapter 25 (Zoning Code), Hawaii County Code within two (2) years from the effective date of this amendment. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in '/yy~ pept A11 EARC HONOLULU KAPOLEI HILO NAnninflNl~ G.A. AIPAN OS NGELE Exhibit By. Christopher J. Yuen November 5, 2008 Page 2 accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). The subject Ordinances require the Applicant to receive Final Plan Approval for the proposed development by November 8, 2008, and the construction of the project was required to be completed within five (5) years, or by November 8, 2011. We request a time extension to Condition C of both Ordinances to allow the Applicant two (2) additional years to obtain Final Plan Approval until November 8, 2010, and the additional five (5) years to complete construction by November 8, 2016. 1. Request for Time Extension As you know, the recent global, national and local economic picture has undergone historic changes, which has proved even more significant for the real estate development business. As a result of these events, the Project funding sources have decided to temporarily hold-off on firm commitments, thus preventing us from securing the financing necessary to obtain Final Plan Approval and payment of the fair share contributions under Change of Zone Ordinance Nos. 06-137 and 06-138. We anticipate that the financial market will stabilize in the near term, which would allow us to continue with the development of this much needed residential project in Kona. In the meantime, we ask for your favorable consideration in granting our request for a time extension. II. Compliance with Conditions of Approval for Ordinance No. 06-137 and Ordinance No. 06-138 Condition A: The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. Response: Applicant will comply with the foregoing condition. Condition B: The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this amendment. Response: On February 7, 2007, the Department of Water Supply acknowledged the existence of 28 water commitments and requested payment of $3,300.00 for the additional 22 units of water for a total of 50 units, which was paid on February 28, 2007. On March 29, 2007, the Planning Department confirmed payment and compliance with Condition B of Change of Zone Ordinance Nos. 06-137 and 06-138. Condition C: 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, Chapter 25 (Zoning Code), Hawaii County Code within two (2) years from the effective date of this amendment. Plans shall identify all Christopher J. Yuen November 5, 2008 Page 3 existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). Response: On July 23, 2008, the Kailua Village Design Commission granted design approval for the 149-unit multi-family complex proposed for development on the subject property. On August 14, 2008, the Applicant submitted a Plan Approval Application pursuant to Condition C of Ordinance No. 06-137 and Ordinance No. 06- 138 which requires the Applicant "to secure Final Plan Approval within two (2) years from the effective date of this amendment", or before November 8, 2008. Condition D: A future road widening strip along the Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. Response: On September 29, 2008, in compliance with Condition D, Wes Thomas Associates submitted ten (10) copies of the subdivision Final Plat Map to the Planning Department, which will create a separate strip of property along Hualalai Road to be dedicated to the County specifically for future road widening improvements. Condition E: The applicant shall realign and provide collector street improvements to the entire project 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 Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct [and dedicate to the County upon request by the Department of Public Works]', the additional improved street ri ght-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. Response: Applicant will comply with the foregoing condition. Condition F: Access to Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be Ordinance No. 137 includes language in regard to dedication of the additional improved street right-of-way. Ordinance No. 138 does not include this language. Christopher J. Yuen November 5, 2008 Page 4 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 (AASHTO). Response: Applicant will comply with the foregoing condition. Condition G: 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. Response: Applicant will comply with the foregoing condition. Condition 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. Response: Applicant will comply with the foregoing condition. Condition I: All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. Response: Applicant will comply with foregoing condition. Condition J: 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. Response: On October 29, 2008, the Department of Public Works approved the drainage calculation report for the Project. Condition K: A Solid Waste Management Plan shall be submitted to the Department of Environmental Management prior to the issuance of the Certificate of Occupancy. Response: Applicant will comply with the foregoing condition. Condition L: The project shall connect to the County sewer system, meeting with the approval of the Department of Environmental Management. Response: Applicant will comply with the foregoing condition. Christopher J. Yuen November 5, 2008 Page 5 Condition M: Applicant shall implement the approved archaeological mitigation plan and burial treatment plan. Should any remains of historic sites such as rock wall, 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- HPD) 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. Response: Applicant will comply with the foregoing condition. Condition N: 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 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 the form of cash, land facilities or any combinations 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 $6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple-family residential unit (single family residential unit) shall be allocated as follows: 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; 3. $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities; 5. $2,806.46 per multiple family residential unit ($4,442.50 per single family residential unit) to the County to support road and traffic improvements. Christopher J. Yuen November 5, 2008 Page 6 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: provided however, that the cost of providing and constructing the improvements required in Condition D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements. Response: The Applicant will comply with the foregoing condition. Condition O: Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. Response: Applicant will comply with the foregoing condition. Condition P: To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. Response: On October 13, 2008, Applicant submitted a proposed draft Affordable Housing Agreement to the Office of Housing and Community Development "OHCD" for review and approval. Condition 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. Response: Applicant will comply with foregoing condition. Condition R: Comply with all applicable County, State and Federal laws, rules, regulations and requirements. Response: Applicant will comply with the foregoing condition. Condition 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. Christopher J. Yuen November 5, 2008 Page 7 Response: Applicant will comply with the foregoing condition. We hereby request your favorable consideration to extend the time limits in Condition C of Change of Zone Ordinance Nos. 06-137 and 06-138 for 1) an additional two (2) years to secure Final Plan Approval from November 8, 2008 to November 8, 2010, and 2) an additional five (5) years for completion of construction from November 8, 2011 to November 8, 2016, subject to the remaining conditions of approval under Change of Zone Ordinance Nos. 06- 137 and 06-138. Please feel free to contact me at anytime should you require any additional information, or if you have any questions regarding this request. Very truly yours, Steven S. SSL/lah cc: Samson LLC 4821-5675-1875.1 v COUNTY OF HAWAII §TATE OF HAWAII 137 BILL NO. ORDINANCE NO. 95 118 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-89 (KAILUA URBAN ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, ORDINANCE NO. 92-36, WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AND FROM DOUBLE FAMILY RESIDENTIAL (RD-3.75) TO VILLAGE COMMERCIAL (CV-7.5) AT HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-10:13 AND 7-5-23:63. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 92-36 is amended as follows: "SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone. C. Consolidation approval of the subject properties shall be secured from the Planning Department within one year from the effective date of Planning Dept. Exhibit a- approval of the Change of Zone request. Plans for Final Plan Approval shall not be processed until consolidation approval has been secured. D. Final Plan Approval shall be secured from the Planning Department within one (1) year from the effective date of approval of the consolidation approval of the subject properties. Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. E. Construction shall commence within [one] five(5) yearg, from the date of receipt of Final Plan Approval and shall be completed within two years thereafter. F. A detailed archaeological mitigation plan shall be prepared and submitted for approval by the Planning Department, in consultation with the State Department of Land and Natural Resources prior to submitting plans for plan approval review. The plan submitted shall have incorporated the recommendations of the detailed archaeological mitigation plan. -2- G. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, paving, or walks be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. H. The applicant shall install all recommended road improvements as required by the Department of Public works, including a left turn lane, acceleration and deceleration lanes, curb, gutter and sidewalk improvements along the Hualalai Road frontage of the subject development. Plans for these improvements shall be submitted simultaneously with plans for Final Plan Approval and shall be installed prior to issuance of a certificate of occupancy for any portion (commercial or residential) of the developments. I. Prior to Final Plan Approval or Final Subdivision Approval for the project, should the County determine that additional improvements in the project area are required (i.e. roadways, parks, police, fire, etc.), the applicant and its successors or assigns shall pay or contribute its -3- pro rata share of such additional improvements. Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized. Any pro rata share of improvements paid or contributed to the project area shall be credited to any future impact fees. J. The applicant shall formulate a school facilities assessment plan, which shall be reviewed and approved by the Planning Department, in consultation with the Department of Education, prior to Final Plan Approval of the residential project. The approved assessment shall be submitted to the appropriate agency prior to the issuance of a certificate of occupancy for any portion of the residential development. K. To ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall contribute a monetary fee or designate an area prior to tentative subdivision approval to the County of Hawaii, which shall be used for park purposes. The monetary fee or land area shall be calculated by methodology and procedure set forth in Sections 8-6, 8-7, and 8-8 of the Park Dedication Code of the Hawaii County Code and shall be acceptable to -4- the Department of Parks and Recreation and the Planning Department. If the applicant designates a park area on site, the park area shall be improved by grading and grassing prior to issuance of a certificate of occupancy for the residential development meeting with the approval of the Planning Department, in consultation with the Department of Parks and Recreation. Further, a park maintenance and operational plan shall be submitted for review and approval by the Planning Department, in consultation with the Department of Parks and Recreation, prior to issuance of a certificate of occupancy for the residential development. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,,the applicant shall work with the office of Housing and Community Development and the Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County as contained in the Hawaii County Housing Agency Resolution No. 65. This housing plan shall be approved by the County Housing Agency prior to final plan approval of any portion of the residential zoned area; provided -5- that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property; provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency. M. Comply with all applicable laws, requirements, rules, and regulations including those of the Fire Department, Department of Health, and the Department of Land and Natural Resources. N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. 0. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at -6- the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; and P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon,the following circumstances: (1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. (2) Granting of the time extension would not be contrary to the general plan or zoning code. (3) Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and (5) Should the applicant require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -7 Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEM~ER, CO TY OF HAWAII Hilo, Hawaii Date of Introduction: September 20, 1995 Date of 1st Reading: September 20, 1995 Date of 2nd Reading: October 4, 1995 Effective Date: October 12, 1995 REF.: C-670 APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE : ou i a 1995 _g_ • 4 i `r111 r f// ~ D ~O• = e err r RM.f •~'v V J ,r A A•1- l , N N 2 Re R ~ O 1 w R s. A-u r t RM-a y R - Rs sus Ro-t si a (D l j YNPt.ANNlD (Y) Ts -1 ^ 9~ !!lD10~aNTfA~(ItM-i•D) ~ ~yo ,wev?~s.az.?,~ISaa ~ oeusLa P.~w11Lr eY-s-s 1!D'.1DlNTIAL (RD-f 7i) Tes R , ARF^!! L'•OMMDIfC1AL (~Y+J.Y~ 3.e f.et s Aft ^ w 1.117 ACRID ,zl... © PARCUL. •1 xs 1-as DOYDLD lM1MIL7r OY It ' A"• DL1.A~f T1T'ee,•? ow~ewcAi^?- (ew LIF +-lM~W.11 Ra KU^KIN1 NISH"~ KINw,MOV-- Jwt Y~.7t at wer.. at~Rwru+•~~ re.r.R,e.a Te •?fA1LYA IrrNe-rya/ e . I"Srtn m ` f t .7s r RM.1 C pro ENDMENT TO THE ZONING CODE DING SECTION Zi-Y7 (NORTM WONA -ACNE MAP) .AND N ZS-QE (KAILUA URIMAN 2ONE MA}") ARTICLE 3, ER (ZONINS CODE) OF THU HAWAII COUNTY rANP M MY CHANEIIV6 T7iE DrIsTIl1CT CLA3S11¢ICATION FROM NNED M TO MUUMPUG PAMIUr MRSIVM4MAL (RM-2-O) RONf• DOUEL.P., P %M)I-7' FRUSIPM-MAL (Rte-9-75) TO W~ COMMBIQC?AL (Cv-70) AT HIENALOW "FTH ANN ORTH KONA; HAV`tA 1. COYNT7' Or HAfNAII -10 s li A1V0 ?-la-Za sit} ?aPT. I74, EXHIBIT "A" ~r"1" -,~1 teRea.RT1II., INO-) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo . Hawaii ROLL CALL VOTE AYES NOES ABS EX Introduced By. Takashi D mipAtakaki X Date Introduced: September 20 1995 Bonk-Abramson First Reading. September 20, 1995 tfiBds Published: N/A De Lima X X REMARKS: Domingo x Osodo X Rath X Pay x Smith x 8 0 1 0 ROLL CALL VOTE Second Reading. October 4. 1995 AYES NOES ABS EX To Mayor. October 5, 1995 Returned: October 12, 1995 Arakaki X Effective: October 12, 1995 Bonk-Abramson X Published October 20, 1995 Chitds X De Limn X REMARKS: Dom C X Oborio X Rath X Ray X Smith x 9 0 0 0 I DO HEREBY C 'RTIFY that the ftwigg RLLLj, as adopted by the County Cound and pubfis d as indicated above. APPROVED as to FORM and LEGALITY J CORP RATION t OUNS COUNCIL CHAIRMAN COUNTY OF HAWAII /f M Data IG 0 •C~J/O!NNTYCLERK' Approned/DioappmeMthis day of 06610CA 19 QI~ R COMMO H WAU BillNo.: 137 Refemm C-670//PC-775 OVA No.: 95 -118 Val r ;''a COUNTY OF HAWAII STATE OF HAWAII BILL NO. 321 (Draft 2) ORDINANCE NO. U6 J-37 AN ORDINANCE AMENDING ORDINANCE NO. 95 118, WHICH AMENDED ORDINANCE NO. 92-36, WHICH RECLASSIFIED LANDS FROM UNPLANNED (In AND DOUBLE-FAMILY RESIDENTIAL - 3,750 SQUARE FEET (RD-3.75) TO MULTIPLE FAMILY RESIDENTIAL - 2,500 SQUARE FEET (RM-2.5) AND VILLAGE COMMERCIAL - 7,500 SQUARE FEET (CV-7.5), RESPECTIVELY, AT HIENALOLI 4TH AND 5T", NORTH KONA, HAWAII, TAX MAP KEY: 7-5-10:PORTION OF 13 (FORMERLY 7-5-23:63). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 95 118 is amended as follows: "SECTION 2. [T-Ws ehange in distriC4 elassikaien is ..a:.:, ed u pen the foRevAng: In accordance with Section 25-2-44 Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: W NecessM to prevent circumstances which may be adverse to the public health safety and welfare: or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to U__) 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. Planning Dept. Exhibit 3 WafeF Supply in meefdanee with its "Watef Commitment Guidelines „ Zen"equesf Final Plan Approval shall be seeured ffem the Plww~" Depaamem--V~~ year frem the effe6tive date of approval of the eanselidatien-appreval-Of4he Consti-do-FAn ghall ~Aid3in five (5) years from the date OfFeeeipt efFinal Plan Approval and shall be eampleted mithin twe years theFeafter. land and NaWr-al Should unidentified sites ef: remains sush as aFtifacts, sheR, bone, er ehareeal. deposits, human burials, reck or raral al4nments-,~ shall be immediately notified. Vubsequent wedc sh"-P~~ aFeha 1 1 olearanee r „„..tie Planning Dife6tor when it finds that saffieteiA Frkigative measures hm,e been tedEen. I , Read frontage of the subjert develepment. Plans fb"4ese4mffoyemew-s-~ { t '2- k t i I i { { I i • 41- subfr&ted simultaneetisly with plans for Final Plan AppFeval and shall be instal ae..eleptne..... I PFier to Final Plan Apprevel or Final Stibdi-Asien Approval for the pFejeet, sheald the County detemine theA al i... ....a..:.. the iked shall payer eentfibute its pre ma shaFe of such additional Sat:^r ,.tie^ of this ee..a:.:en Fa ay be by emering ii a 1 with the County when sueb a develepment agfeement is authorized. Afty pre rat sham of imprevements paid er sentfibuted to the PFE)jeet area shag be Gredite euy sz~..t.. ...cm'-°v i ""tcc c,. -iTipn-xcs~ j. The applieant shall fimimlate a school faeilities assessment plan, whieh shall b reviewed and appr-eved by the Plaming Department, in eensWtalion with the Department ef°a..,.,,tion, r ..f _ to 4i^"1 Plan Approvappfepriate ageney prier to al of the '^..:a^..t:..l _T', all be ..1.....iu„a to the tL_ development T-9 ensure that the !_,...Is and Polieies C L D Elemem of the Gene-rAl Plan afe implememed, the applicant shall contribute a menetary fee OF designme an . to tentative subdivision approval to the Cetinty of Hawaii, whish hp, 1-sed for park purposes. The monetafy fee or land area shall be ealettlated-by Dedioation Code of the Haw" County Code and shall be aeeeptable te th DDepartmefA "'CD I. and Dee.Feetir... and the Dl.._-.:_g T ~ rf.L - applioant designates a paflE ama en site, the park area shall be impreved by gfading development meeting with the approval of the Plan.-.:ftg Depaftm at, in maifaenemee and operational plan shall be stibfnit4ed for Fe,.iew-and-appfevaPby . 3 i t the Dl..««:«e Tl..Y«anme.•t ultafie with the D_.__._. ef Parks an development. are implemented, the applieant shall wafk with the Offiee-e~~ planfor the development, 1. • a, shall • t, h • - 1 ~mcrmrmaavra vg~.oac housing poliey ef the CeurAy as eantaifted in the Hawaii Count), Housing Agenq Reselufiep Die. 65. This hetising plan shall be approved by the Geum), Reusing provided that the applicoant shall notify the Ceunty Housing Ageney of my intent ere 1 Y i the County Hetising a ey '"r 7 with the eM , , M. Comply iAA and Natural Resettrees. A-n- pr9gress f:eport shall be submitted to the Plam9ng Director prier to th :y da4e of this ardinanee. The repon shall but net be limited , to, the status of the development and te wheA extent the eendftio~~ bbeing mr i f -4- $ 6 Y 1 8. ch,...la the ^__m__i _aenr_ t a rt.._f._a r...._..,,« teas n, a:..a.x_e s_tt:__.._a __n c____ _ "h e_'____eri_ for _ _ __r__. Fees . herein Fn ay, at the deyeloperea eleetion> he satisfied by per `naanee in a of lance with the requirements of the Unified not Fees Ordinanee; and D An :..:tial e..tensien of time f r the pelf .-nanee of eenditmenn w thin the erdinan maybe n anted by hI Diann:n.. Di )r upon the C lle...:«.. a mahnneea. (l-) --Thenon per€ermanee is the result efeaaQ;Hens that eeald net have been foreseen OF e beyond the eentrel of the applicant and theA are not the restilt ef their Wt or aeg4enee~ (2) Granting of the time extension would not be eentrwy to the general p1mi or the Bening cede; (3) Gfa nt: of the time extension would net be = r e the a gk 1 F r the a acting of the ehange of zone. reasens rally granted f nerfermanee /:a a eend:t:en . h .f d i li ~.n e. ene year y be e..hended C r 0 «e o additional yeaF; apa (5) Cheuld the arnrnlieaw e',. additional extension of time> the DI b appf9pfi3te aetion. Should any of the renditions net be met or- substafffially eemplied with in a timely Q fashion L Diree-ter shall ' C h i of fnere , o b LLYYr~Ytir.uvcvesignatimr] (A) The applicant, successors, or assigns shall be responsible for complying with au 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 Policv» within ninety (90) days from the effective date of this amendment 6 -5- l f N I Construction of the proposed development shall be completed within five (wears 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. Chapter 25 (Zoning Code), Hawaii County Code within two (2) years from the effective date of this amendment. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of 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 future road widening strip along the Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment (E) The applicant shall realign and provide collector street improvements to the entire project 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 streetli hg ts, signs and markings and any relocation of utilities, meeting with the approval of the Department of Public Works The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions The applicant shall construct and dedicate to the County Mpon request by the Department of Public Works the additional improved street right-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. -6- Access to Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on 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 (AASHTO). UG) Any utility poles in the road ri t-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. FI 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. 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 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. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management prior to the issuance of a Certificate of Occupancy. -7- I i I i (~L The project shall connect to the County sewer _ys stem meeting with the approval of the Department of Environmental Management. Applicant shall implement the approved archaeological mitigation plan and burial treatment plan 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-IIPD) 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. (~N 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 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 adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple- family residential unit (single family residential unit) shall be allocated as follows _g_ 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and facilities: 2. $103.73 per multiple family residential unit (241.20 per single family residential unit) to the County to support police facilities: 3. $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities: 5. $2.806.46 per multiple family residential unit ($4.442.50 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: provided however, that the cost of providing and constructing the improvements required in Conditions D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements. 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 Ordinance -9- u To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented the gpplicant shall comply with the requirements of Chapter I 1 Article 1. Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. (0) 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. WR Comply with all applicable County, State and Federal laws, rules, regulations and requirements. M 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 des nation. SECTION 2. Material to be deleted is bracketed and struck through, and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -10- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEME COUNTY OF HA AI`I Hilo Hawaii Date of Introduction: October 16, 2006 Date of 1st Reading: October 16, 2006 Date of 2nd Reading: October 31, 2006 Effective Date: November 8, 2006 VLFFER Ncz: Comm. 1004.1 -11- D wM-_ Mp~~ C n r r Y RM.~ ~O J V z N w 0 L J N Z N ~ 'Ie N) I O / 1 Rv.ti } RM-I A-1. R f ' wow-" ~ IYM-1 ! O PWtCQL 1 / w0 a . s wp-l.YV 1 UNPR.ANN lO W) 9'e ' S ! MYLTIPLa! rAINIL7 A. 00 Rfs1oIINT1AL (ICM-a.f) AIaIIA v !•.Z3t Acttc7 AtAreeu 4 ® MRC71'L Z / b~ CmUnLf FAMILY I4qeII1*flvT1AL t}oO-w7s) T'A VILLAff COMMfRC1AL (GV-ZC , Aknw^ • n_u7 ACROW 4,11E •1 s PARCIIL s nM-1 "~k'ftjg^ 31Z Q) .1 xf LSV DOUWLf PAMILY cv,i~ A•I. R~~wswT1AL tRO•07s) T= ALLAff G0IVIMORCIAL(CV-70) av- FFTY N!/A s '7, 7s0 • Oft. PT: ~I~HLArIi Rv. KUAKINI HIGH WAIY ^~^I"1O" nv xv w•.xv v--sv w.sv Mc,T~ ` 01wr evo TO -If°+*u~•A1LYA ^ ORT (N M/ e Mf R1LIAN) O v -if J J l RM•~ AMENDMENT. TO THE ZONING CODE AMENDINO 3tCTION 26-67(NORTH KONAZC?46 MAP) ANO 3LOCTION -ZU-SID (K^ILUA URISAN ZONE MAP) ARTICLE 9, CHAI°TCIR 2S (ZONING CODs) OF Tma HAYVAII couNT7' CODE By CHAN61146 THE DIEITMICI• CLA391131CATION FROM UNPLANNE=D (U) TO MULTIpus FAMILY RESIDENTIAL (RM-2-6) AND FROM' DOUDLL~. I"AM1L'~' ReSIDENT1AL (MV-33-79) TO VILLAt9s' COMMEIQCIAL (CV-7.0) AT HI@NALOLI 4TH At4D 5TH, NORTH MONA, HA1^1A11. PfeCPARes/ MY = 1-LAMt/1N6 VWPAIlTMCNT COUNTY Or HAWAII -T-MK i 7-9-10 a IN ^NO 7-11-29 2 03 sap-r m, 1191 AefRTIC7, INC.) "A" 1~(SAMSONI LLC) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii (Draft 2) Introduced 8y: K. Angel Pilago '12.- LCQ?O ] 47 Date Introduced: October 16, 2006 AYES NOES ABS, EX First Reading: October 16, 2006 Arakaki X Published: October 27, 2006 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 5 4 0 0 Second Reading: October 31, 2006 To Mayor: November 2, 2006 ROLL CALL VOTE Returned: November 9, 2006 AYES NOES ABS EX Effective: November 8, 2006 Arakaki X Published: November 21, 2006 Higa X Hoffmann X RE:1.4RKS: Holschuh X - Ikeda X Isbell X Jacobson X Pilago X Safarik x 5 3 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as P above. APROVED AS TO T FO M AND LEGALITY: COUNCIL CHAIRMAN DEP TY CORPORATIO OUNSEL COUNTY OF HAWAH NOV 0 3 20 COUNTY CLERK Date Bill No.: 321 (Draft 2) QJ~ d Reference: C-1004.1/PC-109 AppY0 it)isupproved this ay y uJ' I~OVQ.fnI3Lf ,20 Ot~_. Ord No.: ~Ei 13~ A 'OR, , ('NT OF HAWAII STATE COUNTY OF HAWAII OF HAWAII Bill No. 195 ORDINANCE NO. 90 010 AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 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 of the zone change] 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; (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 Planning Dept. Exhibit 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;] These improvements shall be constructed prior 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 improvements may be entered into Prior to final subdivision approval; Provided however. the improvements shall be installed Prior to the issuance of any occypancy'Permit on the subject gpoverties (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] MC 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 t -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 ;ecruirements of the Unified impact Fees Ordinance; (I) an annual progress report shall be 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 approval 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 th_e_Performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the 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 reasonsfor 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 require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action Further should any of the conditions not be met or substantially complied with in a timely fashion the director shall initiate rezoning of the area to it„s original or more app;opriate 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: COUNC L MEMBER, OUNTY F HAWAII Hilo, Hawaii Date of Intrcduction: January 16, 1990 Date of 1st Reading: January 16, 1990 Date of 2nd Reading: February 7, 1990 Effective Date: February 13, 1990 i -4- 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. 72° 01' 154.59 feet to a point; 2. 900 00' 186.61 feet to a point; 3. 1020 30' 35.48 feet to a point; ~~1Y as COUNTY OF HAWAII STATE OF HAWAII BILL NO. 322 ORDINANCE NO. 06 IL38 (Draft 2) AN ORDINANCE AMENDING ORDINANCE NO. 90 010, WHICH AMENDED ORDINANCE NO. 86 49, WHICH RECLASSIFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL - 2,000 SQUARE FEET (RM-2) TO VILLAGE COMMERCIAL - 7,500 SQUARE FEET (CV-7.5) AT HIENALOLI 5TH AND 6TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-10YORTION OF 13 (FORMERLY 7-5-23:64 AND 67). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. Ordinance No. 90 010 is amended as follows: "SECTION 2. [This In accordance with Section 25=2-44 Hawaii County Code 1983 (2005 Edition), the CoupV Council finds the following conditions are: W Necessary to prevent circumstances which may be adverse to the public health, safety and welfare: or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A Protection of the public from the potentially deleterious effects of the proposed use, or BB) Fulfillment of the need for public service demands created by the proposed use. stated eenditions ef approval; B. Revised Final Plan Approval 86,.11 I`° se .ed A....., the DI„«..:.,.. Te...,.t.....«« ,,,:«6;., ene (1) year ffefn the effeetive date efthis amendment. To asstim adequate 6 -1- Planning Dept. Exhibit for plan a .al review and : erdan,.e yAth Chapter 25 244 (Z....ir.g Code) plans shaH be submitted a fainifflufn ef forty five days prior to the date by wh plan approval mst be e the effective date of receipt of &al plan approval and be sompleted within twe years thereafter; D. A draimge system shall be installed in aecordanee %ith the requirements ef th Department of Publie Werks; Curbs gutters and ..:,1.......11.,...1...11 be preyided alef.g the Iee..etl._o fHual alai Read fronting the subject. property net. meeting .•.:th the nnmrmmenta and standards of th r to Depart`"ent of Public Works These im ents shall he eenntfdete.i prie he issuanee of any oempancy r..-tit e prier to the o anti.. anal subdi.risien approval, whieheyer e s first A Land and agreement c r the nntmeti,.....£ these improvements may be enteped inte prier tO final subdivisieft approval; .pFevided he...eyer the enter shat/ he installed prier to the issrrnnre of n«y permit on the . ubjeet properties; eeeupmey F. A a°v feet wide read g.:de..:ng str p along Hualala: Road shall be delineated ients shall be allowed within t1iis read widening strip, pre;oided r etbaeks shall he taken a'e- the c r et aa..re read yAden:ng strip line; G. Al! ether v .livable ...leer' regulations and requirements shall he a plied with; H. Sheuld the Geuneil adept a Unified impaet Fees Ordinanee setting forth eriteria for the impesitien ,.£e..ae«i,.«a or the a sessme«t e£ir..paet fees, eenditiepa i«el..ded herei.....a.. at the developer's eleet:en shall be satisfied by r.erc rr..a..ee in OrdIAenee; and x. An a .al « report shall he s..h.e.itted to the Planning Direet..r priff o tha anniversary date efthe eff'eetive date e€the ze a shaege. T e re a shall address 2 TI.' sanditiAn 1. 11 remain effeet until all of h d' ' of-eappreyw have been eamplied with satisfied and the Planning DirecAE)F! aeknevAedges that f6FtheF repOAS Fe not required. A initial C fbr- 1. perfeFmanre of nd:t .:twn the er-diRane-e extensieft time may be granted by the Planr~fig DiFeeter upen the (1) The non peifemame is the result of eenditions that eould fiet have been sue ' and h the ..lt ,.F their fault -a ..l;..o» ' (2) C-Fanting ef the time extension Vveuld net be contrary to the Genera' P or the Zoning Cede, one year may be extended fer ttp to one additional yeai--; and (5) If the applieant sheuld r-equife an additional extension of time, the A DDifeeter- shall submit the appi:, ant's wee est te the Ge ..t.. Ce n it fb . appropriate aetien. Funher, should any ..F the ..d'+:e et be eta ubstmi ll. eamplied with . timely F Me the d:. et.. shall initiate of the " to its -,e designation.] The applicant successors or assigns shall be responsible for complying with all of the stated conditions of ap rp oval; The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this amendment. -3- 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, Chapter 25 (Zoning Code) Hawaii County Code within two (2) years of the effective date of this amendment Plans shall identify all existing and/or proposed structures paved driveway access and parking stalls associated with the proposed development Landscaping shall also be indicated on the plans for the purpose of n itigatin 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 future road widening strip along the Hualalai Road Project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. (E) The applicant shall realign and provide collector street improvements to the entire project 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 Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of-way at no cost to the County, prior to receipt of'a Certificate of Occupancy, (F~ Access to Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road -4- for emergency access purooses 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 (AASHTO). UG,2 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. (LO 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. J 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 prroiect shall connect to the County sewer system meeting with the approval of the Department of Environmental Management. _5. Applicant shall implement the approved archaeological mitigation plan and burial treatment plan. 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. (N 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 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 adjusted annually beOnnin three hree 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 $6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and facilities; -6- 2. $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to sport police facilities; 3. $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities: 4. $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities: 5. $2,806.46 per multiple family residential unit ($4,442.50 per sin a 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 Rroposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council: provided however, that the cost of providing and constructing the improvements required in Condition D and E may be credited against the sum Mecified in Condition N(5) for road and traffic improvements. 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 Ordinance P() To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented the applicant shall comply with the requirements of Chapter 11, Article 1. Hawaii County Code relating to Affordable Housin Policy. This 7 requirement shall be approved by the Administrator of the Office of Housing and Communily Development prior to Final Plan Approval 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 beino 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. U 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. SECTION 2. Material to be deleted is bracketed and struck through, and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED X: C:~ ~ COUNCIL ME ER, COUNTY OF HffWAI'I Hilo Hawaii Date of Introduction: October 16, 2006 Date of Ist Reading: October 16, 2006 Date of 2nd Reading: October 31, 2006 Effective Date: November 8, 2006 RcFE'"CE. Comm: 1001pp_ -9- gm~cormar++' i C~ ' -1- TI~VR NORTH ~ BCAbv • i.••ZOO•. - - V,V PEA rvN eO ' _ 4RnA~ aLL ~ ' 1 ~ mr+ uNrt-•uNnro u) .\1~-le 04 . 'lam 1 A-I1• l RO~~.,r , 1.IiT.ZO ~I ^ 11 a•su.s~H~CCI~~ra 4 GM, 1 ae° ` D 1 0 MU0.7•1PLE FAMILY ~r+-~ ; e R'LSTrJCIVTIAL (R ~t-Z) TO UC Rc'3oy w. m GoMMCsRC1AL C1d-7-S) ~J^ ~ u ARt~A = 45,411 St>Z_ FT. I s ~ w j%r • 11, t m ,a.-Ge' l` t • i 1, RoAP ` - 11 R-le ` P _ ,uJ ev- vs ` r " AMENDMENT TO THE ZONING CODE AMENOING 9ECTION ZS-tag (KAl1-UA WIRSAN ZONE MAF) ARTICLE 3, CHAPTt31R '2.5 (ZONING COOL') OP° THE HAYYAI? COUN'T'Y COOM, BY CHANGINCO THM DISTRICT CL-ASSIFICATtoN FROM MutzrIPL,L° PAMIL`I' RESI- DSNT1At- (RM--A) To VILLAGE COMMERCIAL (CV-7.5) AT HIENALOLI 5TH AND GTH, NORTH KONA, H^INA11. PREPARErJ 8Y PI,ANNINQ DEPARTMMNT COUNTY Cp HAWAII SAMSON LLC TMIf = 7-5-23 G4 AND G7 JAN. -2M, 1'2°586 r\L VIIJ IT ••A° t OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Draft 2) } Introduced By: K. Angel Pilago ROLL CALL VOTE Date Introduced: October 16, 2006 4k N ES BS EX First Reading: October 16, 2006 Arakaki X Published:. October 27, 2006 Higa XCC' rcl' Hoffmann X RFM4RKS. Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik x 5 4 0 0 Second Reading: October 31, 2006 to Mayor: November 2, 2006 ROLL CALL VOTE Returned: November 9, 2006 AYES NOES ABS EX Effective: November 8, 2006 Arakaki X Published: November 21, 2006 Higa X Hoffmann X RF_M14RK.S: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik x 5 3 1 0 I UO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED ED AS AS TO F ;r AND LE ALITY: COUNCIL CHAIRMAN EPU Y CORPORATION UNSEL COUNTY OF HAWAII i0V 0 M6 COUNTYCLERK Date BillNo.: 322 (Draft 2) S AA Reference: C-1005.1/PC-110 e~M l i capproved this AA day deny zo ob Ord No.: 06 138 NTYOFHAWAIY MAYOR K OF WATER S 79 0.9 DEPARTMENT OF WATER SUPPLY'S r-"6' TIr~O~GGHAWAFI oLryTYaF NAW 345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAI`l 96720 TELEPHONE (808) 961-8050 • FAX(808)961-8657 December 12, 2008 TO: Mr. Daryn Arai, Acting, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE ORDINANCE NO. 06-137 (REZ 709) CHANGE OF ZONE ORDINANCE NO. 06-138 (REZ 524) REQUEST: AMENDMENT TO CONDITION C (DEADLINE FOR FINAL PLAN APPROVAL AND COMPLETION OF CONSTRUCTION) APPLICANT - SAMSON LLC TAX MAP KEY 7-5-010:013 We have reviewed the subject time extension request and have the following comments and conditions. Please be informed that the applicant has an existing water commitment of 50 units of water for the subject parcel. Twenty-eight (28) of the units are committed through previously existing service laterals and the facilities charge has been paid. Twenty-two (22) additional units of water are committed to the subject parcel through payment of a water commitment deposit, which will expire by February 28, 2010. Each unit of water is limited to an average daily usage of 400 gallons per day. The 22-unit water commitment may be extended beyond the expiration date in 1-year increments through payment of a $3,300.00 water commitment deposit (22 units @ $150.00/unit), paid prior to the expiration date. However, the Department reserves the right to evaluate whether its existing water system can still support the additional demand at the time that the water commitment time extension is requested and water availability may be subject to change. We have no objection to the subject time extension request, subject to the applicant understanding and accepting that the Department can only support 50 units of water for the subject parcel at this time. Extensive offsite improvements would be needed to provide additional water beyond 50 units, which may include, but not be limited to, source, storage, booster pumps, and transmission facilities. Currently funding is not available and no time schedule is set for such improvements by the Department. Our comments from our March 2, 2007 letter to the applicant (copied to your Department) still stand. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sire ely ours, Planning Dept. Milto . Pavao, P.E. 6chibit l Man ge FM:dfg 04810" copy - Samson LLC 1 A / / Carlsmith Ball LLP V .t" brinq_i rrocgre66... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Firms. Room 326-W. Whitten Buildino. 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) Harry Kim " V Darryl J. Oliveira Mayor Fire Chief `°""y'=" Glen P.I. Honda r ai'NP Deputy Fire Chief Countp of Vatuail HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 981-8394 • Fax (808) 981-2037 December 2, 2008 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEI A, FIRE CHIEF SUBJECT: CHANGE OF ZONE ORDINANCE NO. 06 137 (REZ 709, DOCKET REF NO. 91-000003) CHANGE OF ZONE ORDINANCE NO.06 138 (REZ 524, DOCKET REF NO. 85-000034) APPLICANT: SAMSON LLC REQUEST: AMENDMENT TO CHANGE OF ZONE ORDINANCE NOS. 06 137 AND 06 138 TAX "KEY: 7-5-1 OTORTION 13 In regards to the above-mentioned requests for chance of zone ordinances, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning Dept. Exhibit ---Z - Hmoai'i County is an Equal Opportunity Provider and Employer. Christopher J. Yuen December 2, 2008 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(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. "a) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief" (15%) i } Christopher J. Yuen December 2, 2008 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. L40&LIVEIRA_ Fire Chief PBW:Ipc I r , { t a ~ - M<r us M~~ Bobby Jean Leithead Todd Harry Kim Director Mayor AV„',~t•" Nelson Ho Deputy Director C~aunfv of PoWaal`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8083 Fax (808) 961-8086 http://co.hawaii.hi,us/directory/dir envmng.htm MEMORANDUM Date : November 24, 2008 To CHRISTOPHER YUEN, Planning Director From: BOBBY JEAN LEITHEAD TODD, Director Subject: Change of Zone Ordinance No. 06 137 (REZ 709, Docket Ref. No. 9I-000003) Change of Zone Ordinance No. 06 138 (REZ 524, Docket Ref. No. 85-000034) Applicant: Samson LLC Request: Amendment to Condition C of Ordinance Nos. 06 137 and 06 138 TMK: 7-5-10:portion 13 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. ( X) Other: see attached memo for comments TECHNICAL SERVICES COMMENTS: SOLID WASTE COMMENTS: ( X) No comments ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( ) 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: PlannlneD@pt- cc: SWD, WWD Exhibit 11294 ®4 r f Sidi County of Hawaii is an Equal Opportunity Provider and Emplover. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT WASTEWATER DIVISION COUNTY OF HAWAII -108 RAILROAD AVENUE - HILO, HI 96720 HILO (808) 961-8338 FAX (808) 961-8644 i I MEMORANDUM i November 20, 2008 To: Bobby Jean Leithead Todd, Director _ p From: Dora Beck, P.E., Division Chief Subject: TMK 7-5-010:013 Request for Amendment to Condition C of i Ordinance Nos. 06 137 and 06 138, Wastewater Division Comments The Wastewater Division (WWD) has no comments regarding the amendment to Condition C of the Ordinances. However, the WWD provides the following comments with regard to Condition L requiring ! connection to the County sewer system meeting with the approval of the Department of Environmental Management. Existing records indicate that the 8-inch sewer line extending from Kuakini Highway to Hualalai Road within an easement on TMK 7-5-009:048 is a privately owned sewer system and is not a part of the County sewer system. 1. Easement documents (Bureau of Conveyances Document No. 93-175799 dated October 25, 1993) indicates that the owner of TMK 7-5-009:048 granted an easement to Hualalai Properties, Inc. to serve parcels of land including TMK 7-5-010:013, 7-5-023:063, 7-5-23:064, and 7-5-023:067. • TMK properties 7-5-023:063/064/067 appear to have been consolidated into TMK 7-5-010:013. 2. While the easement document allows dedication of the sewer system and easement to the County, current records do not indicate that dedication of the sewer system to the County was made. 3. Should dedication to the County be desired, a sewer study should be performed to confirm capacity of the existing 8-inch sewer line prior to acceptance of the sewer line by the County. Accessibility for maintenance of the sewer line would also have to be confirmed. • TMK 7-5-010:015 (5.2 acres) and TMK 7-5-009:049 (1.78 acres) are currently serviced by the existing private 8-inch sewer line. • TMK 7-5-010:013 (7.22 acres) would also be served by the existing 8-inch sewer line. • A portion of the sewer easement traverses TMK 7-5-009:067 (6.7 acres) and the property could be served by the sewer line. Should there be any comment or question on the above please contact Lyle Hirota at 961-8333 (lhirota(aa)co.hawaii.hi.us) or me at 961-8513 (dbeck@co.hawaii.hi.us). ce; Merton Ogata, West Hawaii Superintendent Antoinette Nakatani, EST III Jon Tokuuke, TSS I Hawaii County is an equal opportunity provider and employer. V i II ('e Aim -~i LAURAH.THIELEN LN'OALHVGLE EOAw GFLANANDvg11O1R LUEUiiCF GOVERH00. CFHAN'AII A'.l 1959 1 fOMMI5510NON WqI 9By,RCE GEMENi y r; Jy / 4 t• ~1 kj .I I_[_. ~iRVSf.Y'rSUll t , nMTOEPWy vzBOATI ~ySTd aNdAQWi CNOAOOCEANUCREATION COMMIS510H B~U STATE OF HAWAII ENGINEERE30 p1NO DEPARTMENT OF LAND AND NATURAL RESOURCES i1FST0M ruET,. EANOOLAWE 1SLU UEE0. COMMISSION STATE HISTORIC PRESERVATION DIVISION sTATL°E'Pn°RaE 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 December 4, 2008 Christopher Yuen, Planning Director LOG NO: 2008.5204 County of Hawaii Planning Department DOC NO: 0812TD02 101 Pauahi Street, Suite 3 Archaeology Hilo, Hawaii 96720-4224 Dear Mr. Yuen: SUBJECT: Chapter 6E-42 Historic Preservation Review - Amendment to a Change of Zone Ordinance 06-137 & 06-138 Request for Time Extension, Final Plan Approval and Completion of Construction Hienaloli Ahupua' a, North Kona District, Island of Hawaii TMK: (3) 7-5-10:13 Thank you for requesting our comments on a petition from Samson LLC for an extension of two years for final plan approval and five years for completion of construction at the subject property. The c. 5.5-acre project (formerly named Hualalai Gardens) will consist of residential condominiums with a village/commercial area. Two historic properties designated for preservation are located within the project area. These include a section of the Kuakini Wall and a burial site that was identified during inventory survey in 1990 (SIHP Site13673). The preservation plan for the burial site was approved by our office in 1992, and a follow-up request on the status of the plan implementation was made in 1993 (Log No. 10239, Doc No. 9312EA07). In a second follow-up letter (1996) we indicated that the agreed-upon burial preservation measures had not been implemented (Log No. 16732, Doc No. 9603PM08). In 2005, we requested that a site inspection be conducted either by our office or by a consultant to determine the status of this burial site and the Kuakini Wall. We have no records of a response to our request (Log No. 2005.0008, Doc No. 0501MM02). We believe that the subject amendment will not directly have an effect on historic properties. However, due to the substantial amount of time that has passed since the preservation sites have been checked in the field (13 years), we are concerned that they are not adequately demarcated and that inadvertent damage could occur when construction activities are reinitiated. We therefore request that the amendment be approved with the condition that our office be contacted and given the opportunity to conduct an inspection of the preservation areas prior to the re-initiation of construction activities. At that time, we may request that interim preservation measures be implemented, if not in place, to ensure the protection of the sites during construction. Permanent preservation measures will need to be completed in a timely manner as well. Please contact Theresa Denham at (808) 933-7653 if you have any questions regarding this letter, and to arrange for a site inspection. Planning Dept. Exhibit_ LINOA LINGLE PPATRICIA HAMAMOTO SUPER UPEF INiENDEN7 ~ ~IGOVERNOR GOVERNOR NGENT STATE OF HAWAII _ DEPARTMENT OF EDUCATION P.O. BOX 2360 HONOLULU, HAWAII 96804 OFFICE OF SCHOOL FACILITIES AND SUPPORT SERVICES December 15, 2008 Mr. Christopher J. Yuen, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Dear Mr. Yuen: Attention: Mr. Norman Hayashi Subject: Request to Amend Change of Zone Ordinance Nos. 06 137 and 06 138 The Department of Education (DOE) believes that any residential units planned for the area covered by the two Change of Zone Ordinances will fall within the proposed West Hawaii School Impact District. The designation of school impact districts is one of the requirements of 2007 legislation establishing school impact fees. The law is in the process of being implemented. The Board of Education is expected in early 2009 to identify and adopt school impact districts for areas requiring new or expanded facilities in the future. We are presently operating under the interim language of the bill. Developers of all residential units within school impact districts will be required to have a written agreement with the DOE prior to the issuance of a building permit. We currently do not know the amount of the impact fee generated for this project. If the developers are interested in obtaining an early agreement, or if you have any questions, please contact Heidi Meeker of the Facilities Development Branch at (808) 377-8301. Sincerely yours, 10 111 y vim' Duane Y. Kashiwai Public Works Administrator Facilities Development Branch DYK:jmb c: Art Souza, CAS, Honokaa/Kealakehe/Kohala/Konawaena Complex Areas Planning Dept. Exhibit AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER RSamson06137138AMMdC.d 12/30/08 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SAMSON LLC CHANGE OF ZONE ORDINANCE NOS. 06137 and 06 138 AMENDMENT TO CONDITION C Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Condition C (Final Plan Approval and Completion of Construction) of Ordinance No. 06137 and Ordinance No. 06138 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 requests an extension of time to Condition C (Final Plan Approval and Completion of Construction) of Ordinance Nos. 06 137 and 06 138. Condition C of both ordinances state: "C. 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, Chapter 25 (Zoning Code), Hawaii County Code within two (2) years from the effective date of this amendment. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." The 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 -1- not the result of their fault or negligence. The applicant states "the recent global, national and local economic picture has undergone historic changes, which has proved even more significant for the real estate development business. As a result of these events, the project funding sources have decided to temporarily hold-off on firm commitments, thus preventing the applicant from securing the financing necessary to obtain Final Plan Approval and payment of the fair share contributions under Ordinance Nos. 06 137 and 06 138." The applicant anticipates that the financial markets will stabilize in the near term, allowing them to continue with the development of the project. 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 Multiple Family Residential (RM- 2.5) and Village Commercial (CV-7.5), which allows for multiple family residential uses. Both zoning designations are 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 Nos. 06 137 and 06 138 are still required. Based on the above findings, the proposed amendment to Condition C of Ordinance Nos. 06 137 and 06 138 is not contrary to the original reasons for approving the Change of Zone. In addition, the Planning Director recommends that existing conditions in the ordinances be revised to reflect the current standard language for conditions of approval. It is recommended that a favorable recommendation be forwarded to the County Council with the following changes (material to be deleted is bracketed and struck through; material to be added is underscored): A. The applicant, 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 Policy" within [ninety-(90)] one hundred eighty (180) days from the effective date of this amendment. C. Construction of the proposed development shall be completed within five (5) years -2- from the effective date of this additional 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, Chapter 25 (Zoning Code), Hawaii County Code [ °itWn two years of t"° effeetive date f 1.' amendment. Plans shall ideatiF all a :.,t ng and/or prepes°d development. Landscaping ..hall also be indie ted on the plans f r the ese e Requkeff"ts)l. D. A future road widening strip along the Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. E. The applicant shall realign and provide collector street improvements to the entire project 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 Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. F. Access to Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on 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 (AASHTO). -3- G. 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. 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. 1. 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-BPD when it finds that sufficient mitigation measures have been taken. N. 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 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 -4- 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 adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of [$6,63340] $7.383.36 per multiple family residential unit ([$18-36&57-] $11,506.13 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple-family residential unit (single family residential unit) shall be allocated as follows: 1. [Qa,''~,-z"] $3,642.00 per multiple family residential unit ([$4,99] $5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [$18373] $115.11 per multiple family residential unit ([$241:20] $267.66 per single family residential unit) to the County to support police facilities; 3. [$3}9.07] $354.08 per multiple family residential unit ([$476:39] $528.66 per single family residential unit) to the County to support fire facilities; . 4. [U"] $158.81 per multiple family residential unit ([$20837] $231.45 per single family residential unit) to the County to support solid waste facilities; 5. [$2,806:46] $3.114.36 per multiple family residential unit ([QA,AO] $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 -5- County Council; provided however, that the cost of providing and constructing the improvements required in Condition D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements 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 Ordinance; P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement 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. 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. -6- I OF, - COUNTY OF HAWAII STATE OF HAWAII Of BILL NO. ORDINANCE NO. 11 L AN ORDINANCE AMENDING ORDINANCE NO. 06 137, WHICH AMENDED ORDINANCE NO. 95 118, WHICH AMENDED ORDINANCE NO. 92-36, WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) AND DOUBLE-FAMILY RESIDENTIAL - 3,750 SQUARE FEET (RD-3.75) TO MULTIPLE FAMILY RESIDENTIAL - 2,500 SQUARE FEET (RM-2.5) AND VILLAGE COMMERCIAL - 7,500 SQUARE FEET (CV-7.5), RESPECTIVELY, AT HIENALOLI 4' AND 5Tx NORTH KONA, HAWAII, TAX MAP KEY: 7-5-10:PORTION OF 13 (FORMERLY 7-5-23:63). ' BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPL SECTION 1. Section 2 of Ordinance No. 06 137 is amended as follows: A. The applicant, successors, or assigns shall be responsible for complying with all I of the stated conditions of approval; B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [ninety (90) one hundred eighty (180) days from the effective date of this amendment. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this additional 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, Chapter 25 (Zoning Code), Hawaii County -1- Code [within4.. (7) years of the of cti: e date of this amendment. Plans shall identi fy all existing and er preposed structures paved dri..e., a aeeess n«A afkiag stalls s ia4ed with the « Oed deyelopffient T an4seapin. sl..n11 also be indie 4ed an the plans Fev the purpose of mitig ting a adverse « visual : ets to ad:anest « 014ien . e'rd-a"ne *1,4h the v ntn & f Planning Depaftmept's Rule TAT.. 17 /r andsnaping D eq iveme...ts\l. D. A future road widening strip along the Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. E. The applicant shall realign and provide collector street improvements to the entire project 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 Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. F. Access to Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on Hualalai Road to the subject property prior to the issuance of a Certificate of Occupancy. All sight distances to the approach 2 shall meet the requirements of the Hawaii Statewide Uniform Design Manual (AASHTO). G. 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. 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. 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. J. A drainage study shall be prepared by a licensed civil engineer and submitted to ' the Department of Public Works. The recommended drainage 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 - -3- State Historic Preservation Division (DLNR-HPD) 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. N. 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 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 adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of [$6;65340] $7,383.36 per multiple family residential unit ([$10,368.57] $11,506.13 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple-family residential unit (single family residential unit) shall be allocated as follows: L [$3,281.93] $3,642.00 per multiple family residential unit ([$4,999.91] $5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [$103.73] $115.11 per multiple family residential unit ([$241:201 $267.66 per single family residential unit) to the County to support police facilities; 4 3. [$319:07] $354.08 per multiple family residential unit ([$476->39] $528.66 per single family residential unit) to the County to support fire facilities; 4. [$141] $158.81 per multiple family residential unit ([$20837] $231.45 per single family residential unit) to the County to support solid waste facilities; 5. [$2,806.46] $3,114.36 per multiple family residential unit ([$4,4 $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; provided however, that the cost of providing and constructing the improvements required in Condition D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements. 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 Ordinance; P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing -5- Policy. This requirement 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. 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. SECTION 2. Material to be deleted is bracketed and struck through, and material to be added is,underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of lst Reading: Date of 2nd Reading: Effective Date: -6- J of N,K COUNTY OF HAWAII STATE OF HAWAII ,TF OF NF's BILL NO. ORDINANCE NO. ~ P/b~w ~ AN ORDINANCE AMENDING ORDINANCE NO. 06 138, WHICH AMENDED ORDINANCE NO. 90 010, WHICH AMENDED ORDINANCE NO. 86 49, WHICH RECLASSIFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL - 2,000 SQUARE FEET (RM-2) TO VILLAGE COMMERCIAL - 7,500 SQUARE FEET (CV-7.5) AT HIENALOLI 5TH AND 6TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-10:PORTION OF 13 (FORMERLY 7-5-23:64 AND 67). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 06 138 is amended as follows: 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 Policy" within [reset} (90)] one hundred eighty (180) days from the effective date of this amendment. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this additional 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, Chapter 25 (Zoning Code), Hawaii County Code [within twe (2) years of the effective dare of this amendment. Plans shall -1- ',7 «ti f.. all o :..ti".' ,."`l der proposed street, res p ,ed ` riyeWay access -rnc~ paflIz ing stalls asseeiated with the proposed develepment. Landscaping shall 1 1. di ..t1 the plans f the purpose of mitt ating a adye fse j. D. A future road widening strip along the Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. E. The applicant shall realign and provide collector street improvements to the entire project 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 Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. F. Access to Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on 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 (AASHTO). -2- G. 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. 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. 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. J. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage 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-HPD) shall be immediately -3- notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. N. 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 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 adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of [$6,53.40] $7,383.36 per multiple family residential unit ^300:57] $11,506.13 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple-family residential unit (single family residential unit) shall be allocated as follows: L [$3,281.93] $3,642.00 per multiple family residential unit ([$4,°~~ °r] $5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [$3033] $115.11 per multiple family residential unit ([$2420] $267.66 per single family residential unit) to the County to support police facilities; -4- 3. [$319.07] $354.08 per multiple family residential unit ([$47639] $528.66 per single family residential unit) to the County to support fire facilities; 4. [21] $158.81 per multiple family residential unit ([$208:571 $231.45 per single family residential unit) to the County to support solid waste facilities; 5. [$2,806.46] $3,114.36 per multiple family residential unit 42.50] $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; provided however, that the cost of providing and constructing the improvements required in Condition D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements. 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 f Fees Ordinance; P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing -5- Policy. This requirement 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. 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. SECTION 2. Material to be deleted is bracketed and struck through, and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -6-