HomeMy WebLinkAboutCOM 0408.000 2008-2010
OJ~tt Oi N
William T. Takaba
William P. Kelm) Managing Director
a nor
Wally Lau
~r~re ur H~,p~ Depurv,lianaging Director
County of Hawaii
891 Ululani Sttecl • Illo, Ilewai'i 96720-3982 • (808)961-8211 Pax(808)961-6553
KONA 75-5706 Kuakini liigh%+a}', Suite 103 • Kailua-Kona, llimn'i 96740
(808) 3295226 Pax (808) 326-5663
June 2, 2009
n, Cc
Honorable J Yoshimoto, Chairman
and Members of the County Council _ n
County of Hawai `i
333 Kilauea Avenue ;
Hilo, HI 96720
c~
Dear Chairman Yoshimoto and Members:
Amendment to Change of Zone Ordinance No. 98-08 (REZ 875)
Request: Time Extension to Condition D (Final Subdivision Approval)
Applicant: Grace Community Church
Tax Map Key 7-4-6:portion 38
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letter and enclosures
regarding the above-referenced request.
Sincerely, p
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
3,11 \o?~
Comm. No. L4 Q 8
Ref. To: F[,
Ref. Date _ It IN 1 5 7nng.
k
' 1 Os N
• UIJW.
err OF County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite3 • Hilo, Hawaii 96720
Phone (808) 961-8288 Fax (808) 961-8742
June 2, 2009
cc~
The Honorable J Yoshimoto, Chairman Or?
and Members of the County Council
County of Hawaii cQ
333 Kilauea Avenue, 2nd Floor'
Hilo, HI 96720
1 cD
Dear Chairman Yoshimoto and Council Members: f'
n
co
Amendment to Change of Zone Ordinance No. 98-08 (REZ 875)
Request: Time Extension to Condition D (Final Subdivision Approval)
Applicant: Grace Community Church
Tax Map Key' 7-4-6•portion 38
The Planning Commission, after a duly held public hearing on May 15, 2009, voted to
recommend for your approval the proposed legislative bill for an amendment to conditions
relating to extension of time limits and related conditions of Ordinance No. 98-08, which
rezoned approximately 5.055 acres of land from Agricultural - 5 acres (A-5a) to the Residential
and Agricultural - .5 acre (RA-.5a) district. The property is located on the east side of Palani
Road adjacent to and north of the Kona Christian Academy, Honokohau 2nd, North Kona,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant requests a five-year time extension to Conditions C (Water
Commitment) and D (Final Subdivision Approval) of Change of Zone Ordinance No. 98
08. Condition C currently reads as follows:
"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 ordinance."
Hatvai'i County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
Condition D currently reads as follows:
"Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five (5) years from the
effective date of the Change of Zone ordinance."
Ordinance No. 98-08 rezoned approximately 5.055 acres from A-5a to RA-0.5. The
original applicant intended on subdividing the property into five 1/2-acre rural/residential
lots and one approximately 2-acre lot for use as a church. On February 15, 2002,
Tentative Subdivision Approval granted for the 6-lot subdivision; however, on
February 2, 2006, the subdivision was withdrawn at the request of the original applicant.
According to the applicant, as a result of discussions between the County, the
Church and the original applicant concerning the funding of required Palani Road safety
improvements, the original applicant agreed to withdraw the 6-lot subdivision and
dedicate all of the property to non-profit organization uses, including Grace Community
Church and Kona Christian Academy (KCA). Additional delays occurred due to
protracted lease negotiations between neighboring KCA, which leases a portion of the
adjacent property (TMK 7-4-006:037) from the Church of Christ. This has delayed filing
of a subsequent subdivision map for the property. Based on the status of negotiations, the
applicant believes submittal and approval of the desired subdivision map can be
completed within 5 years.
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 are not the result of
their fault or negligence. Currently, the original applicant's intention is to dedicate a
portion of the property to Kona Christian Academy so that they can expand their school
facilities in conjunction with existing facilities on the adjacent property owned by Church
of Christ. However, unforeseen delays due to lease negotiations between KCA and
Church of Christ have delayed the applicant's dedication and subdivision plans. These
delays are beyond the control of the applicant, and are not the result of negligence as the
applicant has expended much time and effort to comply with the conditions of the
ordinance.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. The subject property was rezoned from an A-5a to RA-0.5a to allow the
subdivision of the property. The General Plan LUPAG Map designation for the property
(Urban Expansion) has not changed since the original rezone request. Therefore, the
request would not be contrary to the General Plan.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
For your favorable consideration, an amendment to Change of Zone Ordinance No. 98-08 is
transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Rodney Watanabe, Chairman
Leeward Planning Commission
LgracecommunitychurchO2rez875PC
Enclosures
cc: Pastor Gary Summers
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD
Lincoln Ashida, Esq., Corporation Counsel
Mr. Dan Bolton
BGraceChurchAmendREZ875. mje-2/27/09
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
GRACE COMMUNITY CHURCH
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO 98-08 (REZ 875)
GRACE COMMUNITY CHURCH has submitted a request for a five-year time
extension to comply with Condition C (water commitment payment) and Condition D (final
subdivision approval) of Change of Zone Ordinance 98-08, which amended approximately 5.055
acres of land from Agricultural - 5 acres (A-5a) to the Residential and Agricultural - 0.5 acre
(RA-0.5a) district. The property is located on the east side of Palani Road adjacent to and north
of the Kona Christian Academy, Honok6hau 2nd, North Kona, Hawaii, TMK: 7-4-006:038.
PROPOSED ACTION
1. Request: The applicant requests a five-year extension of time to comply with Conditions
C and D of Change of Zone Ordinance No. 98-08. Condition C currently reads:
"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 ordinance."
Condition D currently reads:
"Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from.the Planning Director within five (5) years from
the effective date of the Change of Zone ordinance."
This is the applicant's first time extension request related to the Change of Zone.
(Planning Dept. Exhibit 1-- December 24, 2008 letter and January 8, 2009 e-mail
and attachment)
2. Landowners: The current landowners have submitted a letter (see Planning Dept.
Exhibit 1) authorizing Grace Community Church to submit the requested amendments.
Malia `Ghana Partnership 2 initiated the change of zone request in 1997. At that time
Daniel B. Bolton, one of the current owners, served as general partner for Malia `Ghana
Partnership 2.
3. Reasons for Request: According to the applicant, as a result of discussions between the
County, the Church and the original applicant concerning the funding of required Palani
ATTACH: Corm. 408
Bill 101
Road safety improvements, the original applicant agreed to withdraw SUB 01-143 and
dedicate all of the property to non-profit organization uses (including the Church).
Additional delays occurred due to protracted lease negotiations between neighboring
Kona Christian Academy (KCA) and Church of Christ, as KCA was and is the intended
recipient of the remaining land originally intended for development of housing lots. This
has delayed filing of a subsequent subdivision map for the property. Based on the status
of negotiations, the applicant believes submittal and approval of the desired subdivision
map can be completed within 5 years.
BACKGROUND INFORMATION
4. February 17,1998: Effective date of Change of Zone Ordinance No. 98-08. Malia
`Ghana Partnership 2, the applicant at the time of the change of zone request, intended to
subdivide the 5.055-acre parcel into five V2-acre rural/residential lots and one 2-acre lot
for a possible church site. Malia `Ghana Partnership 2 also applied for and was granted a
concurrent State Land Use Boundary Amendment from Agricultural to Rural. (Planning
Dept. Exhibit 2)
5. February 15, 2002: Tentative Subdivision Approval granted to Nani Kona `Aina, LLC
by the Planning Director for a six-lot subdivision of the subject property.
6. December 8, 2005: Nani Kona `Aina, LLC requests that subdivision application be
withdrawn, due to changes in plans. The applicant states a new subdivision application
for three or four lots will be resubmitted in the "not so distant future." Since then, the
Department has not received a new subdivision application for the subject property.
(Planning Dept. Exhibit 3)
7. February 2, 2006: Based upon Nani Kona `Aina LLC's request, Planning Department
withdraws (SUB-01-143). (Planning Dept. Exhibit 4)
AGENCIES' COMMENTS
8. Department of Environmental Management: Planning Dept. Exhibit 5 - January
16, 2009 memo
9. Department of Water Supply: Planning Dept. Exhibit 6 - February 3, 2009 and
August 21, 2008 memos
10. DLNR Historic Preservation Division: Planning Dept. Exhibit 7 - January 28, 2009
memo
2
11. Kona Traffic Safety Committee: Planning Dept. Exhibit 8 - February 19, 2009 e-
mail
AGENCIES - NO COMMENT
12. Department of Public Works, Police Department , Fire Department, Department of
Health, DLNR Land Division
AGENCIES - NO RESPONSE
13. HELCO
PUBLIC COMMENTS
14. None at the date of this writing.
3
R-3 Seca
r C9MMU~ <
' CHURCH
r
AFFILIATED WITH THE EVANGELICAL FREE CHURCH OF AMERICA
December 24, 2008
Mr. Daryn Arai
Acting Planning Director
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, HI 96720-4224
Re: Zoning Ordinance 98-08 - Grace Community Church
TMK: 7-4-6:Portion of 38
Request for Additional Time Extension
Dear Mr. Arai,
Further to the letter from Chris Yuen dated October 16, 2008, this letter requests an extension for 5 years
to meet the requirement of Condition D of Change of Zone Ordinance 98-08.
Condition D requires that "Final Subdivision Approval of the proposed subdivision shall be secured
...within 5 years of the effective date of the Change of Zone Ordinance." The original tentative
subdivision map filed by the applicant included a mixture of 1/2 acre house lots and 2.5 acres of
property dedicated to use by Grace Community Church (see SP1010). Asa result of discussions between
the County, the Church and the original applicant concerning the funding of required Palani Road safety
improvements, the original applicant agreed to withdraw the existing tentative subdivision map, and to
instead dedicate all of the property to non-profit organization uses (including the Church), with one
residential lot for the Church Pastor's house.
The County-mandated withdrawal of the original tentative subdivision map (to be later replaced by a yet-
to-be-determined three lot subdivision map) made it impossible to meet the time requirements for
Condition D. Additional significant delays were incurred due to protracted lease negotiations between
Kona Christian Academy (KCA) and Church of Christ on adjacent property, as KCA was and is the
intended recipient of the remaining land originally intended for development of housing lots. This has
necessarily delayed filing of a subsequent subdivision map for the property.
Based on the status of negotiations between KCA and the Church of Christ over long-term use of the
Church of Christ property (including potential partial purchase by KCA), Grace Community Church
believes that the desired subdivision map and final approval thereof can and will be completed with the 5
year extension of time hereby requested.
Your prompt and favorable consideration of this request will be greatly appreciated.
With our letter to Mr. Yuen on September 15s', we erroneously enclosed a check for $250 for processing
of our SP1010 extension request. We subsequently replaced that check with a check for the correct fee of
Rev. Bruce W. Campbell, Pastor . Gary Summers, Assistant Pastor . Brian Keiser, YoutRing Dept.
74-4889 Palani Rd. Kailuo-Kona, HZ 96740 (808) 326-9580 Exhibit
$100. In Mr. Yuen's letter of October 16"', he indicated that our $250 check would instead be applied to
this request. Therefore, no check is attached hereto.
We will be happy to provide any additional information needed to process this request.
Mahalo Nui Loa,
ommu ty Church
h
Gary Summers
aC
Assistant Pastor
Page 1 of 2
Cottle, Maija
From: Pastor Gary [pastorgary@gracekona.org]
Sent: Thursday, January 08, 2009 1:00 PM
To: Maija Cottle'
Cc: 'Hayashi, Norman'; 'Daryn Arai'; 'Dan Bolton'; 'Jan Bolton'; joshdet@gmail.com
Subject: RE: Extension Request - Condition C of Change of Zone Ordinance 98-08
Importance: High
Attachments: Bolton Signatures.pdf
Aloha Maija,
This e-mail is in response to your paragraph 1 below concerning an extension request for Condition C (water
commitment) of Change of Zone Ordinance 09-08.
On December 24, 2008, we wrote to Mr. Daryn Arai, in his capacity as Acting Planning Director for Hawaii
County, concerning an extension of time for the very same issue for SP1010. The reasons for this extension
request are exactly the same as they are as stated for SP1010, and is related to the same TMK as Change of Zone
Ordinance 98-08.
We therefore hereby request an extension of time of 5 years for Condition C specified in Change of Zone
Ordinance 98-08 relating to payment for water commitments required for the property. We are currently working
with the Department of Water Supply to finalize the required commitments, and are awaiting a subsequent invoice
for payment. Said water commitment payments will be made by us as soon as we are notified of the amount
required by DWS. To date, we have not received any communication from DWS regarding the amount or timing
of any required payment. Funds are on hand to make any payments required.
Also attached is the draft of a letter to Dan Bolton, Donald Williams and Diana Williams in response to paragraph
2 below. By copy of this e-mail, we are asking Dan and Jan Bolton to obtain the required signatures on this letter
as quickly as possible, so there is no further delay in necessary County action.
Per our telephone discussion this morning, we understand that this completes the outstanding extension of time
issues that the Church needs to address. If such is not the case, please advise us immediately. We trust this can
now finalized quickly.
Mahalo,
Gary Summers
From: Maija Cottle [mailto:mcottle@co.hawaii.hi.us]
Sent: Thursday, January 08, 2009 10:02 AM
To: 'Pastor Gary'
Cc: Hayashi, Norman
Subject: FW: Letters
Good morning Pastor Gary,
I had a chance to review the letters you submitted requesting amendments to Special Permit
1010 and Change of Zone Ordinance 98-08. Before we can accept and begin processing the
2m0nn9
Page 2 of 2
amendment requests we need the following information:
1. In our phone conversations and my letter to you dated October 16, 2008 I mentioned that
you will need to request a time extension for Condition C (water commitment) for the
Change of Zone. Your December 24, 2008 letter only requests a time extension for
Condition D (final subdivision approval). Please send an e-mail or letter requesting a
time extension for Condition C, along with reasons why this condition has not yet been
met.
2. Real Property Tax Records indicate that the Daniel B. Bolton Trust, Diana C. Williams
and Donald W. Williams are owners of the subject property along with the church.
Please provide a letter from these property owners authorizing the church to amend the
Special Permit and Change of Zone Ordinance.
If you have any questions please give me or Norman Hayashi a call at 961-8288.
Maija
2/27/2009
'CHIRCH
AFFIL IATEDWITHTHEEVANCELICAL1 RFCCHURCROF AMERICA
I
January 8, 2009
i
Mr, and Mrs. Dan Bolton
Mr. and Mrs. Donald Williams
Re: Special Permit lot 0- Grace Community Church
Change of Una Ordb=ce 9"8
TMK: 7-4{-6:Poction of 38
Request fbr Additional Time Fx enaiun
Dear Dan, Jan & Mr, and Mis. Williams,
As W of the Church's process of completing paperwork required by Hawaii County, they have
requested that we obtain your signatures signifying approval for two requests by the Church, Thrso are
for extensions of time for certain required actions to be completed that are specified in Special Ponnit
1010 (originally iasued Septctaber 30, 1998) and In Change of Zone Ordinance 9808 (originally
approved February 17, 1.998).
These requests ask the County to formally grant additional time to complete aoestruction of Church
componeets (principally the required turn lane), identity and pay requited fees for required water
commitments, and obtain final subdivision approval.
As co-owners of the subject parcel, please indicate your permission for the Church to pursue approval of
these formal requests to Hawaii County by signing is the space provided below. This lever may be
signed in coumcrpans, and be transtnitted via facsimile,
No o Nui Lc
Gary Summers
Aani t Pmtor ~~JJ
APPROVED: c
Daniel E. Bolton Trust', Date
L
D Williams Date
Dowad W. Illlams Date
Rev. Bruce W. Campbell, Paaror . Gary Summers, Assistant Pastor . Brian Kelser, Youth Pastor
74-4889 Paloni Rd, Kallua-Kono, HL 96740 (808)326-959U Pox: (808) 8!4.0928
i
COUNTY OF HAWAII' STATE OF HAWAII
BILL NO. 166
(Draft 3)
ORDINANCE NO. 98 8
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO
RESIDENTIAL AND AGRICULTURAL (RA-.5) AT HONOKOHAU 2ND, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7-4-06:38.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Honokohau 2nd, North
Kona, Hawaii, shall be Residential and Agricultural (RA-.5):
Beginning at the Northwesterly corner of this parcel of land, being also an angle
point on the Easterly side of Palani Road, the coordinates of said point of beginning
referred to Hawaiian Plane Coordinate System, Zone I, being 309,553.68 feet North and
335,638.41 feet East and running by azimuths measured clockwise from True South:
1. 262° 14' 15" 388.09 feet along the Southeasterly side of Palani
Road and along the Southerly boundary of
Royal Patent 7587, Land Commission
Award 11216, Apana 36 to M. Kekauonohi
to a point;
2. 2710 36' 20" 109.18 feet along the remainder of Land
Commission Award 9971, Apana 9 to W. P.
Leleiohoku to a point;
3. 349° 38' 486.76 feet along Lot 1 and along the remainder of
Land Commission Award 9971, Apana 9 to
W. P. Leleiohoku to a point;
Planning Dept,
Exhibit 2
4. 670 40' 36" 205.53 feet along Lot 2 and along the remainder of
Land Commission Award 9971, Apana 9 to
W. P. Leleiohoku to a point;
5. 1320 35' 599.76 feet along Lots 2 and 4 and along the
remainder of Land Commission
Award 9971, Apana 9 to W. P. Leleiohoku
to a point;
6. 222° 35' 25.00 feet along Lot 6 and along the remainder of
Land Commission Award 9971, Apana 9 to
W. P. Leleiohoku to a point;
7. 1320 35' 0.36 feet along Lot 6 and along the remainder of
Land Commission Award 9971, Apana 9 to
W. P. Leleiohoku to a point;
Thence, following along Lot 6 and along the remainder of Land Commission
Award 9971, Apana 9 to W. P. Leleiohoku
on a curve to the right with a radius of 20.00
feet, the chord azimuth and distance being:
8. 1760 09' 26" 27.57 feet to a point;
Thence, following along the Easterly side of Palani Road on a curve to the left
with a radius of 270.00 feet, the chord
azimuth and distance being:
9. 212° 42' 41 65.99 feet to the point of beginning and containing
an area of 5.055 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
-2-
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Rural District.
C. 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 ordinance.
D. Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five (5) years from
the effective date of the Change of Zone ordinance.
E. All interior subdivision roadways shall be constructed to County dedicable
roadway standards meeting with the approval of the Department of Public
Works.
F. Access to the subject property from Palani Road shall meet with the
requirements of the Department of Public Works. The entrance roadway sight
distance shall meet the requirements of the Statewide Design Manual. All lots
shall be accessed from one common access road.
G. In conjunction with Final Subdivision Approval, provide paved shoulder along
the entire subject property's Palani Road frontage, meeting with the approval of
the Department of Public Works. The roadway section fronting the subject
property along Palani Road which shall provide for the future road widening of
Palani Road to a 80-foot wide right-of-way, including roadway improvements
thereon, shall be subdivided and dedicated to the County of Hawaii upon its
completion.
-3-
H. A Traffic Impact Analysis Report shall be submitted for review and approval by
the Department of Public Works prior to the final subdivision approval. Prior
to the issuance of the certificate of occupancy for any portion of the subject
property, the applicant shall be responsible for constructing and/or paying for
its pro rata share of any traffic mitigation measures required by the Traffic
Impact Analysis Report for the subject property.
1. Restrictive covenant(s) in the deeds of all the proposed lots within the subject
property shall prohibit the construction of a second dwelling unit on each lot. A
copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant shall be recited in an instrument executed by the applicant
and the County and recorded with the Bureau of Conveyances in conjunction
with the issuance of Final Subdivision Approval for any portion of the subject
property. A copy of the recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances.
J. A drainage study of the project site, if required, shall be prepared for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
K. To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented, the applicant shall secure the concurrence of the Office
of Housing and Community Development that the applicant's affordable housing
requirements, if any, have been mutually agreed to prior to the Final
Subdivision Approval for any portion of the subject property.
-4-
L. Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Department of
Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall
be immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when it finds that sufficient mitigative measures
have been taken.
M. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation, fire,
police, solid waste disposal facilities, and roads. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each increment
shall be a sum calculated in the same manner according to the number of
additional proposed residential lots in each such increment. The fair share
contribution may be in a form of cash, land, facilities, or any combination thereof
acceptable to the director in consultation with the affected agencies. The fair
share contribution shall have a maximum combined value of $7,239.16 per lot.
Based upon the applicant's representation of intent to subdivide and develop up
to ten (10) residential lots, the indicated total fair share contribution is
$72,391.60, however, the total amount shall be increased or reduced in
proportion with the actual number of subdivided lots according to the
calculation and payment provisions set forth in this Condition M. The fair
share contribution shall be allocated as follows:
-5-
1. $3,490.85 per lot, for an indicated total of $34,908.50 to the County to
support park and recreational improvements and facilities;
2. $168.40 per lot, for an indicated total of $1,684.00 to the County to
support police facilities;
3. $332.61 per lot, for an indicated total of $3,326.10 to the County to
support fire facilities;
4. $145.62 per lot, for an indicated total of $1,456.20 to the County to
support solid waste facilities;
5. $3,101.68 per lot, for an indicated total of $31,016.80 to the State or
County to support road and traffic improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may construct and contribute
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 approval of the director. The cost of providing and
constructing the improvements required in Condition G and Condition H, shall
be credited against the sum specified in Condition M(5) for road and traffic
improvements. For purposes of administering Condition M, the fair market
value of land contributed for such roadway segment and the cost of constructing
its improvements shall be subject to the review and approval of the director,
upon consultation with the appropriate agencies.
-6-
N. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
0. Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the proposed development within the subject
property .
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 applicants, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
Q. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
-7-
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:
NCIL MEMBER, COUNTY OF HAWAII
COth
Hilo, Hawaii
Date of Introduction: December 17, 1997
Date of 1st Reading: December 17, 1997
Date of 2nd Reading: February 4, 1998
Effective Date: February 17, 1998
APPROVED AS TO FORM AND LEGALITY
LZ
DEpgy CORPORATION COUNSEL
DATED: 2z w
OFFICE OF THE COUNTY CLERK__
County of Hawaii
Hilo Hawaii
DRAFT 3-)-
C-- . ROLL CALL VOTE
Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX
Date Introduced: December 17, 1997 Arakaki X
First Reading: December 17, 1997 Chun X
Published: Decen r 26, 7 Leithead-Todd X
Ray X
Reynolds X
REMARKS:
_ Santangelo x
Smith X
Tyler X
Yagon
8 0 1 0
(DRAFT 3)
Second Reading: February 4, 1998 ROLL CALL VOTE
To Mayor: February 5, 1998 AYES NOES ABS _EX
Returned: February 17, 1998 Arakaki X
Effective: February 17, 1998 Chung X
Published: February 24, 1998 Leithead-Todd X
Ray
REMARKS: Reynolds x
01/07/98 - Deferred. Santangelo X
Smith X
Tyler X
Yagong x
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPI OVID AS T
kC,r?M AND QTY:
EPUTY CORPORATiON COUNSEL
COUNTY OF HAWAII
.
Date
Approved/Dilapptered this day CO CIL CHAIRMAN
COUNTY CLERK
JY&OR,%, TYOFHAWAII Bill No.: 166 (Draft 3 )
J
Reference: C-574/PC-82
Ord. No.: 99 8
TRUE NORTH t~
Scale . 7 -JUU 10~ A
~P
A-20a A-la~~ \
A 5a \ \
A-la \
\
O \
M PM \
A 5a \
I
309,553.68 N
335,638.41 E
A-la
To A-in
\
Waimea p
A-la
AGRICULTURAL (A-50)
TO RESIDENTIAL. AND A-5a A-la
AGRICULTURAL (RA-.50) A Is R0
q0
AREA = 5.055 ACRES r ° _,a
A-I a aid
0
A In
.NOTE: COORDINATES REFERRED TO
'HAWAIIAN PLANE COORDINATE
SYSTEM, ZONE t'.
A-5a
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-.50) AT HONOKOHAU 2ND,
NORTH KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-4-6:38 JULY 16, 1997
(
EXHIBIT A" rpnp onpn< Pertn.rnip)
(RQ)
41 %745' 1800-) 1 - 1260 FAX (808) 3.26 1247
December 8, 2005
Mr. Chistopher J. Yuen
Director, Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mr. Yuen,
TENTATIVE APPROVAL
SUBDIVIDER: NANI KONA AINA, LLC
Proposed Subdivision of portions of
R.P.6855, L.C. Aw.9971, Ap.9
Into Lots 1 to 6, Inclusive
Honokohau 2nd, North Kona, Island of Hawaii, Hawai'i
TMK: 7-4-006:038 (SUB-2001-0143)
At this time and because of certain changes in plans, we respectfully wish to withdraw the
subject application for resubdivision that was originally approved by letter dated February 15,
2002. We will be resubmitting a new application for three or four lots with an entirely different
configuration (in the not so distant future).
Should you have any questions, please feel free to contact me at the above numbers.
Sincerely,
NANI KONAAINA, C
By Daniel B. Bolton
Member-Manager
cc: Milton Pavao, Manager, Department of Water Supply
Planning Dept.
Exhibit 3
J~SY OF
Harry Kim
Christopher J. Yuen
Nlayar ' Dirertor
f. 'f
Brad Kurokawa, ASLA, LEEDTM'AP
r~ Deprry Direcror
E OF Nr
County of Hawaii
PLANNING DEPARTMENT
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone(808)961-8288 Fax(808)961-8742
February 2, 2006
Daniel B. Bolton
Member-Manager
Nan! Kona Aina, LLC
PO Box 898
Kailua-Kona, HI 96745
Dear Mr. Bolton:
SUBDIVISION WITHDRAWN
SUBDIVIDER: NANI KONAAINA, LLC
Proposed Subdivision of portions of
R.P. 6855, L.C. Aw. 9971, Ap. 9
Into Lots 1 to 6, Inclusive
Honokohau 2nd, North Kona, Island of Hawaii, Hawaii
TMK: 7-4-006:038 (SUB-01-000143)
As requested in your letter of December 8, 2005, we are withdrawing the subject subdivision application
from our active files.
Should you elect to pursue the subdivision at a later date, a new application complete with filing fee must
be resubmitted to this department.
Should you have any questions, please feel free to contact Ed Cheplic of this department.
Sincer ,
/,,CHRI TOPHER J. YUEN
Planning Director
ETC:Inm
P:1WP6aSUBDI91DocumentsiSubc200611SU&01-000143Na niKonaAinaWD.doc
Hawaii County is an Equal Opportunity Provider and Employer
''sl,~tl?1g Dept.
Exhibit
t 7 ;7 i7 O •'•;Ii
Lono A Tyson
William Kenot
Director
Mayor.....
•~i••..'" ` ;j; Bobby Jean Letthead Todd
h ur x~ Acting Deputy Director
Cauufv of ~ttfuni i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaii 96720
(808) 961-8083 • Fax (808) 961-8086
httu'//co hawaii hi us/directory/dir envmna.htm
MEMORANDUM
Date : January 16, 2009
To . DARYN ARAI, Acting Planning Director
From: LONO A. TYSON, Director .
Subject: Special Permit (SPP 1010)
Request: Time Extension to Condition Nos. (Water Commitment) And 3 (Construction
Amendment to Change of Zone Ordinance No. 98-08 (REZ 875)
Request: Time Extension to Condition D (Final Subdivision Approval)
Applicant: Grace Community Church
TMK: 7-4-6: portion 38
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
-~o WA$TTEWATER COMMENTS:
( No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5
of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii
County Code. Complete D.E.M. Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85
of the Hawaii County Code.
( ) Other:
TECHNICAL SERVICES COMMENTS: No Ut.,Jl h S cv. C~.46es7JTt~`( n C'17
SOLID WASTE COMMENTS:
( ) No comments
(j) Commercial operations, State and Federal agencies, religious entities and non-profit t~`l~rl9il1~ Dept.
organizations may not use transfer stations for disposal.
(1Q) Aggregates and any other construction/demolition waste should be responsibly reused to Exhibit
its fullest extent.
(y0) Ample and equal room should be provided for rubbish and recycling.
( Green waste 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.
()Q) Submit Solid Waste Management Plan in accordance with attached euidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to a deparfu
Other:
cc: SWD, AN 7
- • I
V OF
Bobby Jean Leithead-Todd
" Director
Harry Kim it - -
Mayor ; Nelson Ho
'~~-••°~'~'i`~ Deputy Director
Col Utv of ~ttfUall
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aulmni Street a Hilo, Hawaii 96720-4252
(808) 961-8083 a Fax (808) 961-8086
September 14, 2007
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing solid waste management plans, for which
special conditions are placed on developments. The solid waste management plan will be
used to: (1) encourage recycling and recycling programs, (2) predict the waste generated
by the proposed development to anticipate the loading on County transfer stations,
landfills and recycling facilities, and (3) predict the additional traffic being generated
because of waste and recycling transfers.
REPORT
The consultant's report will contain the following:
1. Description of the project and the potential waste it may- be generating: i.e. analysis
of anticjpated waste volume and composition. This inclues waste generated
during the construction and operational phases. Greenwastes will be included in
this report for both construction grubbing and future operational landscape
maintenance.
2. Description and location of the possible sites for waste disposal or recycling. We
will not allow the use of the County transfer stations for any commercial
development; commercial development as defined under the policies of the
Department of Environmental Management Solid Waste Division.
3. Since the Department of Environmental Management promotes recycling, indicate
onsite source separation facilities by waste stream; i.e. source separation bins of
glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space
for rubbish and recycling.
4. Identification of the proposed disposal site and transportation methods for the
various components of the waste disposal and recycling system, including the
number of truck traffic and the route that truck will be using to transport the waste
and recycled materials.
I f: ,
Solid Waste Management Plan Guidelines
Page 2 of 2
5. The report will include any impacts to County waste and recycling facilities, and the
appropriate mitigation measures. All recommendations and mitigation measures
will be addressed.
6. Description of the waste reduction component that analyzes techniques to be
employed to achieve a reduction goal.
7. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A solid waste management plan will be done for all commercial developments, as
defined under the policies of the Department of Environmental Management, Solid
Waste Division.
2. We will require the developer to provide or resolve all recommendations and
mitigation measures as outlined in the report; besides any conditions placed on the
applicant by the Department of Environmental Management.
3. A licensed environmental or civil engineer will draft and certify the solid waste
management plan.
If you have need additional information, please contact Michael Dworsky, P.E., Solid
Waste Division Chief at 808-961-8515.
CONCUR:
Bobby Jean Leithead-Todd
DIRECTOR
10/13/03
Revised 09/14/07
Hawaii County is an Equal Opportunity Provider and Employer.
~F WATF s
~q
Q ~l
19 49
~
~ P
o DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWA141
G4,TYOF NAW345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX(808)961-8657
February 3, 2009
"TJ
TO: Mr. Daryn S. Arai, Acting Planning Director l..;?
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: SPECIAL PERMIT (SPP 1010)
REQUEST: TIME EXTENSION TO CONDITION NOS. 2 (WATER COMMITMENT)
AND 3 (CONSTRUCTION)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 98-08 (REZ 875)
REQUEST: TIME EXTENSION TO CONDITION D (FINAL SUBDIVISION
APPROVAL)
APPLICANT - GRACE COMMUNITY CHURCH
TAX MAP KEY 7-4-006:038 (PORTION)
We have reviewed the subject requests and have the following comments.
Prior to requesting a water commitment deposit, the applicant is required to submit estimated maximum daily
water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and
approval. If the Department can support the estimated water demand, we will request a water commitment
deposit based on the number of equivalent units of water needed for the project, which is determined from the
water usage calculations. The water commitment deposit is calculated by multiplying the number of equivalent
units of water by $150.00 per unit.
Once the water commitment deposit is received, the Department will effect a water commitment in writing with
specific dates, improvements required for water service, and facilities charges due.
Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch
at 961-8070, extension 255.
Since ly urs,
Planing apt.
_
Exhibit Co
'Milton D avao, P.E. -
anager
FM:dfg SCANNED
FIB 0 5 2009
copy - Grace Community Church / By: _0 4 qi ~ 7O
Water brincga procgreai...
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil
Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and Too)
x
I la:l Z~%
;a= DEPARTIVIENT OF WATER SUPPLY COUNTY Or- PAWAI•,
s A
f MAeAJ.°,
rL i. i.?. rl ,2. .1757 . AX (39 -
August 21, 2008
TO: Mr. Horis Yanagi, Planning Department
FROM: Milton D. Pavao, Manger
SUBJECT: GRACE COMMUNITY CHURCH
TAX MAP KEY 7-4-006:038
The Grace Community Church is served from a 5/8-inch water meter off a 4-inch Ductile Iron
Waterline along Palani Road and is currently allocated one unit of water.
As part of Subdivision Application 2001-143, which coincided with the construction of the church, the
developer secured 6 additional water units and were required to provide an adequately sized meter and
extend the 8-inch waterline from the Palani 41 Reservoir. This subdivision subsequently has been
withdrawn and the water commitments forfeited. The required improvements for the subdivision and
church were not constructed nor dedicated to the Department of Water Supply.
In addition, although they are allocated one unit of water, consumption over the past year shows they
are using three times their allotment.
Should you have any questions, please call Mr. Jason Killam of our staff at 961-8070, extension 249.
Sin ly yours,
( Pavao, P.E.
Mana e
JWK:dfg
copy: Leo Fleming, P.F.,
i /
-izt,?i• br•iraq_~ rir•n~rc_3...
v u: cr 'x;ppry i ..:.,,a p..r y m,:y c~.",h , ua'JoY^•. io _o y i, b' iic.. ,r; ;.ii:. 7 .;m , .at :x n ,Pa;
lx i + i, ,a•„:Ai.: arc ,.,V .,..nt l,sl g;xr nC 262.941G.C< ...c 720 ..~x<md TDO)
d x'~ } WURAH.THIELEN
3 LINDA LINGLE E -Hq ++,,y cxalRrEBSON BOARD OF WVERNJR OF HAWAII AB1 1D 5g~'ri7{ COAIMS5ONONIVATERRESOURCEMh GEMENT
b tf P. RUSSELL Y.
y,rd any f r °R S. tj"£ nRSTOnvrv
OCFW Iti^ 'KEN C. KAWAHAHA
FCC ~l Es -5 DEPUTY DIRECTOR VATFR
a
AGDAnc."DURCE9
RonnNGANDOCFAN RECREAnorv
N v,7y f BVPEAOOFITUTER ANCES
COAIMISSION ON WATER RESOURCE MANAGEMENT
CONS ERVATION AND COASTAL LANDS
STATE OF HAWAII CONSERVATION ANDRESOURRCES ENFORCEMENT
s~°~eDtNar''a" DEPARTMENT JOlFaYL IAND ?AN~ D NATURAL RESOURCES ilD"O"C"RE AnoN
KANWLAWE ISLAND RESE RVF EOMMIRSIDN
STATE HISTORIC PRESERVATION DIVISION STATE TARES
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEL HAWAII 96707
January 28, 2009
Darya Arai, Acting Director LOG NO: 2009.0053
County of Hawaii Planning Department DOC NO: 0901TD24
101 Pauahi Street, Suite 3 Archaeology
Hilo, Hawaii 96720-4224
Dear Mr. Arai:
SUBJECT: Chapter 6E-42 Historic Preservation Review - (SPP 1010; REZ 875)
Request for Time Extension on Special Permit and Change of Zone Ordinance
Hohokohau Ahupua'a, North Kona District, Island of Hawaii
TMK: (3) 7-4-06.38 (oor )
Thank you for requesting comments on the request for time extensions for the Special Permit and change
of Zone Ordinance for the Grace Community Church. As indicated in the request letters, the church
facilities have been constructed and all site work has been completed. Remaining work includes moving
utilities to enable completion of a left turn lane and final subdivision approval. Our office has reviewed
several grading permit applications for this project since 2000, and we have no historic preservation
concerns.
We determine that no historic properties will be affected by this project because:
? Intensive cultivation has altered the land
® Development/urbanization has altered the land
® Previous grubbing/grading has altered the land
? An accepted archaeological inventory survey (AIS) found no historic properties
® SHPD previously reviewed this project area and no mitigation was needed at that time
In the event that historic resources, including human skeletal remains, lava tubes, and lava
blisters/bubbles are identified during the construction activities, all work should cease in the immediate
vicinity of the find, the find should be protected from additional disturbance, and the State Historic
Preservation Division, Hawaii Island Section, should be contacted immediately at (808) 933-7653. Please
contact Theresa K. Donham at (808) 933-7653 if you have any questions or concerns regarding this letter.
Aloha,
Nancy McMahon, Deputy SHPO/State Archaeologist
and Historic Preservation Manager SCA TTNT NIRTE
State Historic Preservation Division 1
~ E 0 ~ '009
By-
Nanning Dept. `
Exhibit
Dacayanan, Melissa
From: ALOHAFIDLR@aol.com r~
Sent: Thursday, February 19, 2009 9:24 AM
To: planning@co.hawaii.hi.us
Subject: SPP 09-000074
Dear Mr. Arai:
Pasted below are the Kona Traffic Safety Committee's comments on the subject application for extension.
Aloha,
Joel Gimpel
Chair, Public Affairs
Daryn Arai, Acting Director
Hawaii County Department of Planning
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
February 3, 2009
Subject: Grace Community Church
Applications for Time Extensions
Special Permit (SPP 1010), and Change of Zone Ordinance 98-08 (REZ 875)
Dear Mr. Arai:
The Kona Traffic Safety Committee (KTSC) has carefully reviewed the subject applications submitted by the
Grace Community Church, and is quite concerned over the unconscionable failure to complete the roadway
improvements on Palani Road within either the original, five-year time deadline, or the five-year administrative
extension granted in September 2003. Although the applicant cites the "bureaucratic nature of the HELCO and
Hawaiian Tel processes," we remain skeptical of the applicant's original commitment to satisfy the extended
deadline. The applicant took no action to complete the required improvements until a meeting was called by the
Mayor's West Hawaii Office on August 28, 2008, the impetus for which came when the KTSC asked Public Works
Department staff why the applicant was occupying the premises before all work was completed, and whether a
certificate of occupancy had been granted. Where was the applicant during the 10 years between September
1998 and August 2008?
Furthermore, we believe that the five-year extension request and hoped for "one-year time frame" to complete the
work are far too long, given the 10 % years that have already elapsed since enactment of Change of Zone
Ordnance 98-08, which specifically permitted only an "initial extension of time for the performance of conditions,
(emphasis supplied) and limited the extension to a period "not to exceed the period originally granted for
performance," in this case, five years. Therefore, there is no authority to grant a second extension, especially if it
would result in total extensions exceeding five years.
Recognizing, however, that some of the fault lies with HELCO and Hawaiian Tel, we are amenable to considering
a lesser extension, if legally. permissible. But we believe that a six month extension to March 31, 2009, should
suffice to complete the required turn lane and roadway improvements that will provide, as recognized by the
applicant, "added safety." Accordingly, we recommend that if an extension is determined to be legally permissible
under the terms of the ordinance, that it be limited to six months from September 30, 2008, (to March 31 200s
"I
and be subject to the following conditions: ! SCANNED
:'fanning Dept U50~b6
2/19/2009 Exhibit_
1. Only right-turns in and out be permitted until the roadway improvements are completed and satisfy the
requirements of the Department of Public Works,
2. The applicant, HELCO and Hawaiian Tel agree in writing to hold the County harmless for property damage
and personal injury caused, in whole or in part, by the absence of the left-turn lane required by Ordinance 98-08.
We also urge that if a Certificate of Occupancy has not been issued, that occupancy be denied until all
requirements of Ordinance 98-08 are satisfied and a Certificate of Occupancy is issued. If, however, a Certificate
of Occupancy was issued, we question its validity, given that the requirements of Ordinance 98-08 have not been
satisfied.
Thank you for requesting our comments on this matter of concern for the safety of our community's roadways.
Sincerely yours,
Joel E. Gimpel,
Chair, Public Affairs
Cc: Mayor Kenoi
Warren Lee
Donald Ikeda
Kelly Greenwell
Brenda Ford
A Good Credit Score is 700 or Above. See yours in just 2 easy steps!
2/19/2009
e
RGraceChurchAmendREZ875.mjc -3/9/09
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
GRACE COMMUNITY CHURCH
AMENDMENT TO CONDITIONS C AND D
CHANGE OF ZONE ORDINANCE NO 98 08 (REZ 875)
Upon review of the request to amend Conditions C (Water Commitment) and D (Final
Subdivision Approval) of Change of Zone Ordinance No. 98 08, the Planning Director
recommends that the Planning Commission forward a favorable recommendation to the
County Council, with modifications to some of the existing conditions. Since this
recommendation is being 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. The recommendation for approval is based on the following findings:.
The applicant requests a five-year time extension to Conditions C (Water
Commitment) and D (Final Subdivision Approval) of Change of Zone Ordinance No. 98
08. Condition C currently reads as follows:
"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 ordinance."
Condition D currently reads as follows:
"Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five (5) years from
the effective date of the Change of Zone ordinance."
Ordinance No. 98-08 rezoned approximately 5.055 acres from A-5a to RA-0.5. The
original applicant intended on subdividing the property into five %-acre rural/residential
lots and one approximately 2-acre lot for use as a church. On February 15, 2002,
Tentative Subdivision Approval granted for the 6-lot subdivision; however, on February
2, 2006 the subdivision was withdrawn at the request of the original applicant.
According to the applicant, as a result of discussions between the County, the
Church and the original applicant concerning the funding of required Palani Road safety
1
improvements, the original applicant agreed to withdraw the 6-lot subdivision and
dedicate all of the property to non-profit organization uses, including Grace Community
Church and Kona Christian Academy (KCA). Additional delays occurred due to
protracted lease negotiations between neighboring KCA, which leases a portion of the
adjacent property (TMK 7-4-006:037) from the Church of Christ. This has delayed filing
of a subsequent subdivision map for the property. Based on the status of negotiations, the
applicant believes submittal and approval of the desired subdivision map can be
completed within 5 years.
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 are
not the result of their fault or negligence. Currently, the original applicant's intention
is to dedicate a portion of the property to Kona Christian Academy so that they can
expand their school facilities in conjunction with existing facilities on the adjacent
property owned by Church of Christ. However, unforeseen delays due to lease
negotiations between KCA and Church of Christ have delayed the applicant's dedication
and subdivision plans. These delays are beyond the control of the applicant, and are not
the result of negligence as the applicant has expended much time and effort to comply
with the conditions of the ordinance.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. The subject property was rezoned from an A-5a to RA-0.5a to allow the
subdivision of the property. The General Plan LUPAG Map designation for the property
(Urban Expansion) has not changed since the original rezone request. Therefore, the
request would not be contrary to the General Plan.
Based on the above findings, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Conditions C and D of Change
of Zone Ordinance 98-08. The accompanying draft bill reflects the recommended amendments
to conditions of Ordinance 98-08. (Material to be deleted is bracketed and struck through and
material to be added is underscored.)
2
tPJMjY~ s M7~,
COUNTY OF HAWAII " STATE OF HAWAII
t~ Of ~
BILL NO.
ORDINANCE NO. (PLANNING DEPT.)
AN ORDINANCE AMENDING ORDINANCE NO. 98 8 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL - 5 ACRES (A-5a) TO RESIDENTIAL AND AGRICULTURAL -.5
ACRE (RA-.5a) AT HONOKOHAU 2ND, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-4-06:038.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 98 8 is amended as follows:
"SECTION 1. Section 25-8-3, Article 8 Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Honokohau 2nd, North Kona,
Hawaii, shall be Residential and Agri cultural -.5 acre [(R (RA-.5a):
SECTION 2. [ z
In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition) the
County Council finds the following conditions are:
((1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(22) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B Fulfillment of the need for public service demands created by the
proposed use.
o
SEE ATTACHED REVISED CONDITIONS
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
-2-
I
TRUE NORTH \
Scale 1 -500 P
A-20a A-la \
X
A 5a 1 \
A-la \
1
N0p \
MP~P 7
MP ~ \
A 5a \
I
309,553.68 N
335,638.41 E
A - IFa
\
\
Waimea A - A-in
,9C
A-la
AGRICULTURAL (A-50)
TO RESIDENTIAL. AND A-5a
A-1a
AGRICULTURAL (RA-.50) A Is R
O4
O
AREA = 5.055 ACRES T
A-la to,
0
A In
-NOTE: COORDINATES REFERRED TO
'HAWAIIAN PLANE COORDINATE
SYSTEI, ZONE 1'.
1 ~
A-5a
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-.50) AT HONOKOHAU 2ND,
NORTH KONA, HAWAII.
FOR REFERENCE ONLY
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII Grace Community Church
TMK : 7-4-6:38 REZ 875 JULY 16, 1997
EXHIBIT "A" (umc Oh.~. P.rtn-.hip)
Cw~)
CGraceChurchAmendREZ-mjc 3/9/09
GRACE COMMUNITY CHURCH
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 98-08 (REZ 875)
AMENDED CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant[s}, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Rural District.
C. The applicant shall submit estimated maximum daily water usage calculations
prepared by a professional engineer licensed in the State of Hawaii for review
and approval by the Department of Water Supply an d [T]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 amended
ordinance.
D. Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five (5) years from
the effective date of [the Charge of Zene4this amended ordinance.
E. All interior subdivision roadways shall be constructed to County dedicable
roadway standards meeting with the approval of the Department of Public Works.
F. Access to the subject property from Palani Road shall meet with the requirements
of the Department of Public Works. The entrance roadway sight distance shall
meet the requirements of the Statewide Design Manual. All lots shall be accessed
from one common access road.
G. In conjunction with Final Subdivision Approval, provide paved shoulder along
the entire subject property's Palani Road frontage, meeting with the approval of
the Department of Public Works. The roadway section fronting the subject
property along Palani Road which shall provide for the future road widening of
Palm Road to an 80-foot wide right-of-way, including roadway improvements
thereon, shall be subdivided and dedicated to the County of Hawaii upon its
completion.
H. A Traffic Impact Analysis Report shall be submitted for review and approval by
the Department of Public Works prior to [the final subdivisio approv^"Final
Subdivision Approval. Prior to the issuance of [the]a certificate of occupancy for
any portion of the subject property, the applicant shall be responsible for
constructing and/or paying for its pro rata share of any traffic mitigation measures
required by the Traffic Impact Analysis Report for the subject property.
1. Restrictive cover ants(s) in the deeds of all the proposed lots within the subject
property shall prohibit the construction of a second dwelling unit on each lot. A
copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances
shall be submitted to the Planning Director for review and approval prior to the
issuance of Final Subdivision Approval. A copy of the approved covenant shall
be recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances in conjunction with the issuance of Final
Subdivision Approval for any portion of the subject property. A copy of the
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Conveyances.
J. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study of the project site, if
required, shall be prepared by a licensed civil en ineer for review and approval by
the Department of Public Works, prior to submittal of plans for subdivision
review. Drainage improvements, if required, shall be constructed meeting with
the approval of the Department of Public Works prior to the issuance of Final
Subdivision Approval.
K. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to Final Subdivision
Approval.
[IL]L. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall [seeti e the .,en :lffe ee of the Office ef
Netising and CefAiiiunity Develop
--e-ents, if any, have been ffititually agreed to prior to the Fifial Subdivisie
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Approval for any pei4ion of the subject ,.rope,h.. ]comply with the requirements of
Chanter 11, Article 1, Hawaii County Code relating to Affordable Housing
Policy. This requirement shall be approved by the Administrator of the Office of
Housing and Community Development prior to Final Subdivision Approval.
[L-.]M. Should any [unidentified site, of fe ins such as ai4ifaets, hen bone, of ehafeeal
deposits 1'uma fial^ Yoek ral alignment p.wing 11s]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-SHPD) shall be immediately notified. Subsequent work shall proceed
upon an archaeological clearance from the DLNR-SHPD when it finds that '
sufficient [mitigative]miti ation measures have been taken.
[M ]N. The applicant shall make its fair share contribution to mitigate the potential
--regional-impacts of the subject property with respect to parks and recreation, fire,
police, solid waste disposal facilities, and roads. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated herein below
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due payable and prior to final subdivision approval of each increment
shall be the sum calculated in the same manner according the number of
additional proposed residential lots in each such increment. The fair share
contribution [r+ay be}in a form of cash, land, facilities, or any combination
thereof ['1e^er «table to the a: et 14..4:, with the aff ,.4shall
be determined by the County Council. The fair share contribution shall have a
maximum combined value of [$7,'"na 41)er4ot]$11,506.13 per single-family
residential unit. [Based upon the ......1:,.ant'„ _ „_esent 4:ons of itent to subdivide
and deye1ep ti »t. . to ten (10) si en4i l lets, ..a~sa~u~ Tr the e :x,. iea4ed zvmrz 1 fuxx share
eantributien is $72,391.60, however, the total ameteit shall bs insreased Rr
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redueed in Y prepoi4ien with the aetual number of subdivided lets aeeerding to th
ealeulatieii and payfnei+t provisions set fei4h in this Condition M. Thefairs~affe-
ontribution shell he en^^e`ea as f lle The total amount shall be determined
with the actual number of units according to the calculation and payment
provisions set forth in this condition. The fair share contribution per single-
family residential unit shall be allocated as follows:
1 [$3,490.85 r per let, for - di a total f$34,908.50]$5,548.46 per single-family residential unit to the County to support park and recreational
improvements and facilities;
2 [$168.40 per lot for an indieatea `e`el Of $1,684.00-1$267.66 per single-
family residential unit to the County to support police facilities;
3 [$332.61 per- let for an indiea`ed total „F$3,326.1 ]$528.66 per single-
family residential unit to the County to support fire facilities;
4. [e1 45.62 let for- an indi aced tee 1 of $1,456.20-1$231.45 per single-
family residential unit to the County to support solid waste facilities;
5 [$3,101.68 «e_ let fey an indict tea `eial ,.f$31,016.80]$4,929.90 per single-
family residential unit to the County to support road and traffic improvements.
The fair share contributions described above shall be adjusted annually beginning
three years after the effective date of the change of zone, based on the percentage
change in the Honolulu Consumer Price' Index (HCPI). In lieu of paying the fair
share contribution, the applicant may construct and contribute
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 [appreval]review and recommendation of the director,
upon consultation with the appropriate agencies and approval of the County
Council. The cost of providing and constructing the improvements required in
Condition G and Condition H, shall be credited against the sum specified in
Condition [M(5)]NN5) for road and traffic improvements. For purposes of
administering Condition [M]N, the fair market value of land contributed for such
roadway segment and the cost of constructing its improvements shall be subject to
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the review and-[approval]recommendation of the director, upon consultation with
the appropriate agencies and approval of the County Council.
[PL]O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
[8 ]P. Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the proposed development within the subject
property.
[p An initial extension oft' F l per-fannaRee F conditions within the
ordinanee may be granted by the Planning Difeetor upoR4he-fellowing
t.
~cr.
1 The nen Yperfennanee is 1. result of -di - that eould not ha-,~e been
foreseen or- Eff e beyond the eantrol of the e «/:.......t..
and N._at_are not the restilt of their fault li
b b
2. Granting of !he time extension would not be eentfafy to the General -PI;-34q
or Zoning Gode.
3. Granting of the time extension weuld not be oontmi-y to the original
r-easens for the granting of the ehange of zone.
period-
originally b ..te.', f,... Y« F ee (i.e., anditi.'x' to be ...,...C .med
D
within one year may be extended for- up to one addifienal yeaf).]
Q. If the applicant should require an additional extension of time the Planning
Director shall submit the applicant's request to the Planning Commission and
County Council for appropriate action Further, should any of the conditions not
be met or substantially complied with in a timely fashion the Director shall
initiate rezoning of the area to its original or more appropriate designation
[Q:] R. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
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