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COM 0159.000 2010-2012
� os M,�1 William P. Kenoi William T. Takaba • :+ Managing Director Mayor Wally Lau Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai'i 96740 (808) 323 -4444 • Fax(808)326 -5663 March 17, 2011 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupum Street Hilo, HI 96720 Dear Chairman Yagong and Members: Amendment to Condition B (Complete Construction) of Change of Zone Ordinance No. 03 162 Applicant: Holualoa Inn Tax Map Key: 7- 6- 008:Por. 5 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 Leeward Planning Commission's letter and enclosures regarding the above - referenced request. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department ��; ► �+ 2_7 Hawaii County is an Equal Opportunity Provider and Employer? Comm. No. �+ Ref. To: Ref. Date R 2 8 � + tY ^ Oi h�� a; ;t 7TF OF.N'.�1 County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone(808)961 -8288 • Fax(808)961 -8742 ' M AR 17 w, The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupum Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Amendment to Condition B (Complete Construction) of Change of Zone Ordinance No. 03 162 Applicant: Holualoa Inn Tax Map Key: 7- 6- 008:Por. 5 The Leeward Planning Commission, after a duly held public hearing on February 17, 2011, voted to recommend for your approval the proposed legislative bill for an amendment to Condition B (complete construction) of Ordinance No. 03 -162, which amended Ordinance No. 91 -91 that changed the district classification of the project area from Agricultural — 1 acre (A -la) to Village Commercial — 1 acre (CV -1a). The project area is situated along the makai side of the Mamalahoa Highway, and includes the H61ualoa Inn in H61ualoa Village, H61ualoa 1 and 2 North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting an amendment to Condition B of Ordinance No. 03 -162 to allow for an additional three years by which to secure final plan approval and complete construction of the proposed commercial development on the one -acre project site. To satisfy this anticipated requirement, the applicant is currently contemplating the construction of an approximately 3,000 square -foot pavilion -type facility to host special activities. Hawaii County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 The inability of the applicant to comply with the requirements of Condition B of Change of Zone Ordinance No. 03 -162 is the result of conditions that could not have been foreseen or are beyond the control of the applicant and not attributable to the applicant's negligence. Since the granting of the original change of zone in 1991 and its subsequent amendment in 2003, there has been a change of the property ownership, significant economic hardships of the last few years coupled with the applicant's focus on securing a Planned Unit Development Permit for the property, needed improvements to H61ualoa Inn, and an evaluation of the commercial area that have all resulted in the applicant's inability to meet the construction deadline. The effects of the economic downturn were beyond the applicant's control and not due to negligence. According to the applicant, "This pause, however, has permitted the applicant to re- examine development of the commercial area and to make positive adjustments for its future use." As such, the applicant has changed the original restaurant concept for this commercial property and is now planning an approximately 3,000 square foot event pavilion able to accommodate approximately 200 people. The applicant has hosted previous events on the property, including the Annual H61ualoa Village Coffee and Art Stroll, the Music and Light Festival, and the H6lualoa Farm Fest and Ukulele Jam. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Medium Density Urban uses. The subject area is zoned CV- la. The County Zoning Code has subsequently been revised since this rezoning was approved. However, compliance with all applicable requirements such as setback, height and landscaping will still be required. The Kona Community Development Plan (KCDP) designates the area to be within a potential Rural Town TOD, Policy LU -3.1, Redevelopment of Rural Towns as TODs /TNDs states that "the rural towns along Mamalahoa Highway (in the South Kona district) consisting of H61ualoa, Honalo, Kainaliu, Kealakekua, and Captain Cook, are encouraged to be redeveloped as TODs /TNDs (Transit Oriented Development/ Traditional Neighborhood Development)." However, the area has not initiated redevelopment efforts. All essential utilities and services are available to the site. The request would not adversely impact the land use pattern in the immediate area. Based on the above findings, the Planning Director recommends that a favorable recommendation to amend Change of Zone Ordinance No. 03 -162 be forwarded to the County Council. Although the applicant requested a three (3) year time extension in order to secure final plan approval and complete construction of the proposed commercial development, the Planning Director believes it is appropriate to allow a five (5) year time extension due to the scope of the proposed revised project and the current economic climate. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 For your favorable consideration, an amendment to Ordinance No. 03 162 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Geraldine Giffin, Chairman Leeward Planning Commission Lholualoainnrez6941pc2 Enclosures cc: Holualoa Inn Ms. Noelani Ubaldo Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT - Highways, Honolulu Amy Self, Esq., Corporation Counsel Planning Department - Kona BHolualoalnnREZAmendDBugado .doe -1/26/ 11 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HOLUALOAINN CHANGE OF ZONE ORDINANCE NO. 03-162 (REZ 694) AMENDMENT TO CONDITION B HOLUALOA INN is requesting an amendment to Condition B (complete construction) of Ordinance No. 03 -162, which amended Ordinance No. 91 -91 that changed the district classification of the project area from Agricultural -1 acre (A -la) to Village Commercial -1 acre (CV -la). The project area is situated along the makai side of the Mamalahoa Highway, and includes the H61ualoa Inn in H61ualoa Village, H61ualoa 1 St and 2 North Kona, Hawaii, TMK: 7 -6 -008: 005 (portion). RE UEST 1. Request: Amendment to Condition B of Ordinance No. 03 -162 to allow for an additional 3 years by which to complete its proposed commercial development. Condition B, as currently written, required completion of the commercial development by December 18, 2008. (Exhibit 1 -December 6, 2010 Amendment to Change of Zone Request) More specifically, the applicant is requesting that Condition B of Ordinance No. 03 -162 be amended as follows: "B. Construction of the proposed development shall be completed within [ fie (3) three 3 years from the date of this amendment. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements)." 2. Reasons for the Request: According to the applicant, their inability to complete the proposed commercial development by December 18, 2008 was a result of conditions that could not have been foreseen or were beyond the control of the applicant and not attributable to the applicant's negligence. Since the granting of the change of zone in 1991 and its subsequent amendment in 2003, there has been a change in property ownership, significant economic hardships of the last few years coupled with the applicant's focus on securing a Planned Unit Development Permit for the property, needed improvements to Holualoa Inn, and an evaluation of the commercial area that have all resulted in the applicant's inability to meet the construction deadline. The effects of the economic downturn were beyond the applicant's control and not due to negligence. According to the applicant, "This pause, however, has permitted the applicant to re- examine development of the commercial area and to make positive adjustments for its future use ". As such, the applicant has changed its original restaurant concept for this commercial property and is now planning an approximately 3,000 square foot event pavilion able to accommodate approximately 200 people. The applicant has hosted events on the property, including the Annual Holualoa Village Coffee and Art Stroll, the Music and Light Festival, and the Holualoa Farm Fest and Ukulele Jam. BACKGROUND 3. September 12,1991: Effective date of Ordinance No. 91 -91 which rezoned the subject area from Agricultural (A -1 a) to Village Commercial (CV -1 a). The applicant, then Desmond Twigg- Smith, requested the change of zone and concurrent State Land Use Boundary Amendment from Agricultural to Urban for approximately one acre of land to allow the construction of a restaurant and related facilities. Condition B of Ordinance No. 91 -91 required that Final Plan Approval be secured within one year from the effective date of the change of zone or September 12, 1992, and Condition C required the commencement of construction within one year from the date of receipt of Final Plan Approval and completion (certificate of occupancy) within two years thereafter, but no later than September 12, 1994. -2- 4. December 19, 2003: Effective date of Ordinance No. 03 -162 which amended Ordinance No. 91 -91; specifically, by amending Condition B (secure final plan approval), deleting Condition C (commence and complete construction), adding Condition K (historic trail) and amending Condition L (extension of time). The applicant, then Puaanui Partnership, requested the amendment to allow additional time to construct the proposed restaurant and related facilities. Construction was to have been completed by December 19, 2008. AGENCIES' COMMENTS 5. Department of Public Works: (Exhibit 2 - January 10, 2011 memo) 6. Department of Water Supply: (Exhibit 3 - January 26, 2011 memo) 7. Fire Department: (Exhibit 4 - January 5, 2011 memo) 8. Department of Environmental Management: (Exhibit 5 - December 23, 2010 and January 3, 2011 memos) 9. Department of Land and Natural Resources Land Division: (Exhibit 6 - January 10, 2011 Letter) 10. Department of Health: (Exhibit 7 - January 11, 2011 Memo) AGENCIES - NO COMMENTS OR OBJECTIONS 11. Police Department AGENCIES - NO RESPONSE 12. Real Property Tax Office, State Land Use Commission, Department of Land and Natural Resources Historic Preservation Division PUBLIC COMMENTS 13. The department has not received any written objections or comments from adjacent property owners or the community on the request. -3- December 6, 2010 H 0 LVA LOA INN Ms. Bobby Jean Leithead Todd, Director County of Hawaii Planning Department 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: RE: Time Extension/Amendment Request Applicant: Holualoa Inn Ordinance No. 91-91 as amended by Ordinance No. 03-162 Holualoa 1 and 2 nd , North Kona, Hawai'i TMK: (3) 7-6-008: Portion of 5 The applicant, Holualoa Inn, is requesting a time extension/amendment to complete construction of its proposed development and related facilities, which was required in Condition B of Ordinance No. 03-162. Enclosed are the following documents: 1. Twenty (20) copies of this letter and a completed change of zone application form. 2. A list of surrounding property owners within one thousand (1,000) feet of the property. (The property is zoned Agricultural, Resort-Hotel and Village Commercial.) 3. Real property tax clearance. 4. Filing fee in the amount of $500.00. PROPERTY LOCATION The property is located in H61ualoa Village on the makai side of the M51malahoa Highway (North Kona Belt Road) with a street address of 76-5932 Marnalahoa Highway. The entire 22+ acre parcel is identified by Tax Map Key No. 7-6-008:005 (formerly a portion of 8 and 10). (Figures I and 2) It should be noted that the commercial (CV) area covered by Ordinance No. 03-162 is limited to one acre. A restaurant and related facilities were proposed to be developed on the one acre. Holualoa Inn, which is located nearby on the subject property nearby, is zoned Agricultural and is not part of the commercial-zoned area. Planning Dept. Exhibit _ /_„ r . Ms. Bobby Jean Leithead Todd Page 2 of 5 BACKGROUND: CHANGE OF ZONE ORDINANCE NO. 91-91, AMENDED BY ORDINANCE NO. 03-162 September 12, 1991 Ordinance No. 91 -90 was adopted amending the State Land Use Classification for one acre of land from Agricultural to Urban on TMK: 7 -6 -8: Portion of 10. Applicant: Desmond Twigg- Smith. September 12, 1992 Ordinance No. 91 -91 was adopted amending the County Zoning for one acre of land from Agricultural 1 -acre (A -la) to Village Commercial (CV -la) on TMK: 7 -6 -8: Portion of 10. A copy of Ordinance 91 -91 is attached as Appendix A. Applicant: Desmond Twigg -Smith The one -acre area is now identified as TMK: 7 -6 -8: Portion of 5 due to a consolidation/resubdivision action of various properties. December 19, 2003 Ordinance No. 03 -162 was adopted amending Ordinance No. 91- 91; specifically, by amending Condition B (secure final plan approval), deleting Condition C (commence and complete construction) and L (administrative time extension), and adding Condition K (trail). A copy of Ordinance No. 03 -162 is attached as Appendix B. Applicant: Puaanui Partnership. The intent of the amendment was to allow additional time to construct the proposed restaurant and related facilities. Construction was to have been completed by December 19, 2008. Condition B reads as follows: Construction of the proposed development shall be completed within five (5) years from the date of this amendment. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements); Ms. Bobby Jean Leithead Todd Page 3 of 5 REQUEST The applicant, Holualoa Inn, is requesting an amendment to Condition B to allow an additional three (3) years of time to complete its revised concept plan on the commercial zoned area. The revised concept plan is attached as Figure 3. Turtle Bay Enterprises LLC dba Holualoa Inn purchased the property from Puaanui Partnership in late 2005. Since that time, the applicant has made improvements, such as establishing a nursery to supplement its breakfasts and snacks, reviving the coffee trees on the property, making renovations to the Inn, and applying for and receiving a Planned Unit Development permit for the lower agricultural -zoned area. The applicant has also made the grounds of Holualoa Inn available for special occasions- - continuing the practice of the previous owner. The one -acre grassed area in the commercial zone has been used for weddings, birthdays, and incentive events. Being an active member of the Holualoa Village Association, the applicant has hosted the Annual Holualoa Village Coffee and Art Stroll, the Music and Light Festival, and the Holualoa Farm Fest and 'Ukulele Jam on its grounds. When such events are held, tents and portable lua's are often rented to service the participants. As use of the commercial area evolved so, too, has the concept of the `proposed development.' Rather than a restaurant, the applicant wishes to construct a modest pavilion -type facility to host special activities. The approximately 3,000 square foot facility would be equipped with a commercial kitchen and restrooms. Based on the current informal use, the pavilion should accommodate between 150 -200 people. It is anticipated that the occasional events would be held on weekends or in the evenings. An increase in traffic during peak hours should be minimal. This revised concept should complement the needs and mutual goals of the applicant and the Holualoa community. The applicant is requesting an additional three (3) years to complete the `proposed development,' which has been revised from a restaurant to a pavilion -type facility for special occasion uses. The amendment request would read as follows: Construction of the proposed development shall be completed within [five-(-54] three 3 years from the date of this amendment. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements); (Note: Material to be deleted is bracketed and stricken. Material to be added is underscored.) ! e Ms. Bobby Jean Leithead Todd Page 4 of 5 JUSTIFICATION FOR THE REQUESTED TIME EXTENSION The applicant respectfully requests consideration of the following reasons for allowing the time extension. 1. The applicant's inability to perform within the five year period was a result of conditions that could not have been foreseen or were beyond the control of the applicant and not attributable to the applicant's negligence. The applicant purchased the property in late 2005, approximately two years into the performance period. Unfortunately, significant economic hardships of the last few years coupled with its focus on the PUD, needed improvements to Holualoa Inn, and an evaluation of the commercial area have resulted in the inability to meet the construction deadline. The effects of the economic downturn were beyond the applicant's control and not due to its negligence. This pause, however, has permitted the applicant to re- examine development of the commercial area and to make positive adjustments for its future use. The applicant anticipates constructing the facility within three years from receiving approval of the time extension amendment under current conditions. 2. Approval of the time extension /amendment request would not be contrary to the General Plan and Zoning Code. Since the rezoning was approved in 1991, there have been no changes to the General Plan that would affect the property. Similarly, the Zoning Code has not been amended in a manner that would impact the property's commercial zoning. All new improvements will be consistent with current Zoning Code standards, such as setback, height, parking and landscaping. 3. Approval of the time extension /amendment request would not be contrary to the original reasons for granting the rezoning. In its recommendation for approval of Ordinance No. 03 -162, the Council's Committee on Planning Report No. 62 (attached Appendix C) concurred with the recommendation of the Planning Commission and Director by finding that the request to amend Conditions B and C would not be contrary to the original reasons for approving the commercial zoning. Approval of the subject request for a three (3) year time extension to construct the facility would be consistent with the 2003 and 1991 reasons for granting the commercial zoning. The reasons for approving the commercial zoning are valid today. Time has demonstrated that the commercial -zoned area is and will continue to be an important adjunct to the Holualoa Village center. As mentioned previously, Holualoa Inn has partnered to provide one of the venues for Village activities. Ms. Bobby Jean Leithead Todd Page 5 of 5 The applicant is aware of documents from the Department of Land and Natural Resources (DLNR) regarding ownership of the 12 -foot wide trail affecting the property. In addition to complying with Condition K of Ordinance No. 03 -162, the applicant will work with DLNR to provide for any further protection of the pedestrian trail it may require when siting the pavilion facility and related improvements on that portion of the property. Finally, there has been progress made towards complying with other conditions of the existing zoning ordinance. For example, the roadway improvements in Conditions D (driveway access), E (sight distance), and I (off -site infrastructure improvements) were constructed by the previous landowner. We would appreciate your favorable consideration of this time extension/amendment request. Should you e Any questions, please feel free to contact me. Z nui 1 i Ubaldo Manager Enclosure CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: UALOA INN APPLICANT'S SIGNATURE: DATE: 12-1&11 ADDRESS: PO Box 222, Holualoa, HI 96725 LIST APPLICANT'S INTEREST IF NOT OWNER: Same, see below LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808) 324 -1121 (Res.) (Fax) LANDOWNER(S): Turtle Bay Enterprises, LLC dba Holualoa Inn LANDOWNER SIGNATURE(S): Paul and Cassandra Hazen (see attached) DATE: LANDOWNER(S) ADDRESS: PO Box 222 Holualoa, HI 96725 REQUEST: Time Extension/Amendment to Condition B (complete construction of proposed development) of Ordinance No 03 -162 which amended Ordinance No 91 -91 by changing the zoning district classification from Agricultural (A -la) to Village Commercial (CV -la)_ TAX MAP KEY: (3) 7 -6 -008: Portion of 5 STREET ADDRESS OF PROPERTY: 76 -5932 Mamalahoa Hi hway Holualoa HI per RPT records SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.0 acre AGENT: NOELANI UBALDO , Manager ADDRESS: PO Box 222, Holualoa, HI 96725 TELEPHONE:(Bus.) (808) 324 -1121 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Holualoa Inn COPIES: Noelani Ubaldo Jan 07 1.0 05:49a Hazen 831236 -2210 P. TURTLE BAY ENTERPRISES, LLC DBA HOLUALOA INN TO WHOM IT MAY CONCERN On the matter of the proposed time extension to Special Permit No. 649 affecting property identified by TMK: (3) 7- 6- 008:005, please be informed that as landowner. I hereby authorize NOELANI UBALDO to file and process the request as noted in the attached documents. Cassandra Hazen, Owner and President Turtle Bay Enterprises. LLC dba Holualoa Inn Date: 7 A PAGE 51 B nT,T7lkT.nA c Sec Page 4s D E va 6 y � KamA ns o i�� °._........._,_..._.........._. .......................-_-.. ........ _.._..........._....... - -' - .... ..- .._...__........_.........._ _.. A 'IS•5 z f z s 3 1 MILE �a d i 1 3 Waiona Meadows 3 75 412 I lane. paw ° CO r � i to PI rwuw,los'�, ub R , ems . $ R931,as 5 ,rn•' ss.rw rsnw•su P AliiP1 XaLrnoyka 3 g• � s.raskins (BrctaoS� ;i. a• g 11oAwli. Bet awed S .0 6 6 L Figure 1 A B b See Pa a 54 c I D E E' T►Qu A=Ia A !a NORTH 5 1 C Q ALC: ^ to I �.• CV -I O i A -IQ _ l A la Ia Mal 1S . A to �.• W IMEq H(:.LU^LOA GV 10 8 S IS�41'S.BB � R8 IS N) A M LAt-f pA GV IOC c to r v t.-as v 1 .23 A I Sub ect S lt� A Io l � A6RIC UL.. - rtIRAt_ (A- a) TO VILL ^rmlL a MEf^.CIA1... (Gv -1a AR A = 1 .000 AC1'2E � 1 It . 1 i LI 1 1 A to r l NZ � ; " A�MENDMENT TO'THE BONING CODE AMENDING SECTION z5 - 87 0-4oRTH KONA ZONE MAP) ^RTICL. 3, C1-iA1°TC -R -,5 (ZONING CODE°) OF THE HAINAI1 COUNT-' COD1r t37' CHANGING THE DISTRICT CLASSIFICATION FRIOM AGt'QICUt_`F'UFRAt_ (A -Iq) TL7 VIL-L-AGtS COMMUI`RCIAL (CV -Icv) AT HOL.UAtL -CA I5T AND 2ND, NbRTH KCNA, HAWAII. F>f47,= PARGt7 L3Y = �PLA1'�N1tJC -� b�pA[Q'i`M�NT Ei ure2 GOUN"�"i' OF HAWAII T ti I �o • h' b '•.. '� Y A I i 4 F A 1 ►x g S l � y d 4 h o I s I f ' � I �A I t I I a i u _ a • • � y 4w I -- . f i I • •.J � O 1. • 4� vp -fFrIT O f d _ d !� al ` t ' = = Y s a.� A g a V ; d E z v vc 1 ,a • � v• w so COUNTY OF HAWA.IL, ATATE OF HAWAII BILL NO. 395 (Draft 3) ORDINANCE NO. 91 91 AN ORDINANCE AMENDING SECTION 25 -87 (NORTH KONA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -la) TO VILLAGE COMMERCIAL (CV -la) AT HOLUALOA 1ST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7- 6- 08:PORTION OF 10. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification.of property described hereinafter as follows: The district classification of the following area situated at Holualoa 1st and 2nd, North Kona, Hawaii, shall be Village Commercial (CV -la): Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Northerly side of an existing 12 -ft. wide trail, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 8,317.45 feet South and 15,425.88 feet East and running by azimuths measured clockwise from True South: 1. 358 54' 30" 12.07 feet across the existing 12 -ft. wide trail to a point; 2. 6 44' 30" 67.12 feet along stonewall and along the remainders of Allotment 63 of the Holualoa 1st and 2nd Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu to a point; Append& A 3. 8° 49' 30" 56.82 feet along stonewall and along the remainders of Allotment 63 of the Holualoa 1st and 2nd Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu to point; 4. 9 20' 20.95 feet along the Westerly side of an existing roadway to a point; Thence, for the next six (6) courses following along the remainders of Allotment 63 of the Holualoa 1st and 2nd Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu: 5. 82 33' 30" 241.43 feet to a point; 6. 172 33' 30" 166.92 feet, passing across the existing 12 -ft. wide trail, to a point; 7. 262 33' 30" 145.00 feet to a point; S. 263 12' 47.28 feet along stonewall to a point, 9. 267 16' 30" 30.51 feet along stonewall to a point; 10. 274 21' 59.75 feet along stonewall to the point of beginning and containing an area of 1.000 Acre. 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, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) final Plan Approval for the development shall be secured from the Planning Department -2- within one year from the effective date of the change of zone. To assure adequate time for plan approval review and in accordance with Chapter 25 -244 (Zoning Code), Hawaii County Code, as amended, plans shall be submitted a minimum of forty-five-days prior to the date by which plan approval must be secured. Plans shall provide for heavy landscaping for the purpose of preserving the green belt and open space; (C) construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed (certificate of occupancy) within two years thereafter; (D) a drainage system shall be installed meeting with the requirements of the Department of Public Works; (E) access to the development shall be restricted to one driveway from Mamalahoa Highway. This access shall be provided over Tax Map Key Nos: 7 -6 -8:24 and 27, unless an equivalent or better access (i.e., sight distance, topography, hazards) can be utilized meeting with the approval of the Departments of Public Works and Planning. The driveway access shall be improved with a minimum 20 -foot wide pavement from Mamalahoa Highway to the development meeting with the approval of the Department of Public works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; (F) sight distance, including pavement widening along the frontage of TMK: 7 -6 -8:05, shall meet with the requirements of the Department of Public Works. These -3- improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; (G) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (H) comply with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, and Public Works; (I) 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 developers' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (J) the applicant, his successors, assigns or heirs shall not seek an increase in density beyond the maximum of five units until the existing infrastructure on Hualalai Road and Mamalahoa Highway has been improved to acceptable standards. The applicant shall submit restrictive deed covenants for the subject property to the planning department for its review and approval prior to the submittal to the State of Hawaii, Bureau of Conveyances for recordation with the final plat maps. These covenants shall be included in the deed and will require that there be no increase -4- in density on the subject properties until such time as the infrastructure on Hualalai Road and Mamalahoa Highway has been improved to an acceptable standard meeting with the approval of the planning department and department of public works. once those conditions have been met, this covenant may be extinguished; (K) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. 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 and the Planning Director acknowledges that further reports are not required; and, (L) an 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 permit; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 5) if the applicant should require an -5- additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. 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 ME14bER, COi5iTY OF HAWAII Hilo, Hawaii Date of Introduction: August 21, 1991 Date of ist Reading: August 21, 1991 Date of 2nd Reading: September 4, 1991 Effective Date: September 12, 1991 -6- 'LL CIV to IQ tic pet AMENDMENT TO THE ZONING CODE_ ���)��lT o - - - ----- ---' COUNTY OF HAWAII STATE OF HAWAII BILL NO. 164 Draft 4 ORDINANCE NO. ir s 2 AN ORDINANCE AMENDING ORDINANCE NO. 91 -91, WHICH CHANGED THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -Ia) TO VILLAGE COMMERCIAL (CV -la) AT HOLUALOA I S "' AND 2 NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7- 6- 8:PORTION OF 5 (FORMERLY TAX MAP KEY 7- 6- 8:PORTION OF 10). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 91 -91 is amended as follows: "SECTION 1. Section [25-871 Article [3] 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 Holualoa I" and 2' North Kona, Hawaii, shall be Village Commercial (CV -la): Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Northerly side of an existing 12 -ft. wide trail, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 8,317.45 feet South and 15,425.88 feet East and running by azimuths measured clockwise from True South: I. 358 54' 30" 12.07 feet across the existing 12 -ft. wide trail to a point; 2. 6 44' 30" 67.12 feet along stonewall and along the remainders of Allotment 63 of the Iolualoa 0 and 2 nd Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu to a point; 3. 8 49' 30" 56.82 feet along stonewall and along the remainders of Allotment 63 of the Holualoa 1" and 2 " Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu to point; 4 90 20' 20.95 feet along the Westerly side of an existing roadway to a point; Thence, for the next six (6) courses following along the remainders of Allotment 63 of the Holualoa l' and 2 " Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu: 5. 82 33' 30" 241.43 feet to a point; 6. 172 33' 30" 166.92 feet, passing across the existing 12 -t. wide trail, to a point; 7. 262 33' .3 145.00 feet to a point; 8. 263 12' 47.28 feet along stonewall to a point; 9. 267 16' 30" 30.51 feet along stonewall to a point; 10. 274" 21' 59.75 feet along stonewall to the point of beginning and containing an area of 1.000 Acre. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the conditions of approval; B. [final Plan Approval for the development shall be secured from the Planning Department within one year from the effective date of the change of zone. To assure adequate time for plan approval review and in accordance with Chapter 25- 244 (Zoning code), Hawaii County Code, as amended, plans shall be submitted a -2- minimum of forty -five days prior to the date by which plan approval must be secured. Plans shall provide for heavy landscaping for the purpose of preserving the green belt and open space;] Construction of the proposed development shall be completed within five (5) years from the date of this amendment. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of constriction. Dev elopment plans shall identify existing and proposed structures, fire protection measures,_ paved driveway accesses and parking stalls and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent pro erties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements); [C. construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed (certificate of occupancy) within two years thereafter;] [D.] C. a drainage system shall be installed meeting with the requirements of the Department of Public Works; [L.]. D.access to the development shall be restricted to one driveway from Mamalahoa Highway. This access shall be provided over Tax Map key Nos: 7 -6-8: 24 and 27, unless an equivalent or better access (i.e., sight distance, topography, hazards) can be utilized meeting with the approval of the Department of Public Works and Planning. The driveway access shall be improved with a minimum 20 -foot wide pavement from Mamalahoa Highway to the development meeting with the approval of the Department of Public Works. These improvements shall be completed prior to issuance of a certi licate of occupancy for any part of the development; [F]. F,. sight distance, including pavement widening along the frontage of TMK: 7 -6 -8: 05, shall meet with the requirements of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; [G]. F. should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; [H.] G. comply with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, and Public Works; [l.] 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 nay, at the developers' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; [!.] I. the applicant, his successors, assigns or heirs shall not seek an increase in density beyond the maximum of five units until the existing infrastructure on Hualalai Road and Mamalahoa Highway has been improved to acceptable standards. The applicant shall submit restrictive deed covenants for the subject property to the planning department for its review and approval prior to the submittal to the State of Hawaii, Bureau of Conveyances for recordation with the final plat maps. These covenants shall be included in the deed and will require that there be no increase in density on the subject properties until such time as the infrastructure on Hualalai Road and Mamalahoa highway has been improved to an acceptable -4- standard meeting with the approval of the planning department and department of public works. Once those conditions have been met, this covenant may be extinguished; [K.1 3. an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. 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 and the Planning Director acknowledges that further reports are not required; and, K. The 12 -foot wide trail running along the northern portion of the property shall not be disturbed nor blocked from traditional and customary pedestrian use. Furthermore the minimum structural setback shall begin from the southern edge from the 12 -foot wide trail. L. [An extension of time for the performance of conditions within the ordinance may be granted by the Plarming 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 ol'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 permit; 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 51 If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County C.OUncii for appropriate -5- action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. Material to be deleted is bracketed and materials to be added is underscored. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. IN'rRODUCED BY: C UN L ME ER, OUNT OF HAWAI Kona , Hawai` i Date of Introduction: November 19, 2003 Date of 1st Reading: November 19, 2003 Date of 2nd Reading: December 3, 2003 Effective Date: Decetr>ber 19, 2003 RE�E.RE�d Gomm. 3 7.._.._ -6- FOR REFERE T IQ U� A�,e I A l o � N ORT Ni I ,J � �^I.�1MEA HbL..UALCs/y GV 10 S'�, S RC�,OOL ts,�i:.ee "ICAILtJ.� }Q `i IS 'M6�1f1p1�N� MA L ti"r c,� ---• nom! ,e) r ,o V I.•39 1.23 A 10 cv la '' � • , f 1 ^ 1 O S'ub ' �ite I e � \ .AdT�ICULTURAL. (A- o) TO V I I.L. A F CC r%4wmcIAL- (GV -lo AR A a 1-000 ACHE A -, e 7 1 1 t 1 t0 1 1 1 AMENDMENT TO 'THE ZONING CODE A.MENc;t}NG SECTION "ZS-93'7 (NORTH 1*l<0NA — ZONEF MAP ART1CL.M� 3, CHAPTMR 'Z5 (ZONING COr.>E) OF= THe HAINA11 cCUNT7/ COLE 197' CHANSING THE C>1s - TR 1c CL.A551FICATi FROM ASrRlC UL`j - UITAL (tq -tai To V1 L. -L-AGC COM1` WIRC1AL. (C:%/-Ica) AT HOL- f S' AN© 2Hc�, NbRTH 1`;CNA, HA WA1l. OFFICE OF THE COUNTY CLERK County of Hawaii Kona _,Hawaii (DRAFT 3 ) 1 _ ROLL CALL VOTE Introduced By: Leningrad Elarionoff AYES'@ 3lM1 9 A Date Introduced: November 19, 2003 Arakaki X First Reading: November 19, 2003 Chung ' -! X Published: N/A Elarionoff X Holschuh X REMARKS: Jacobson X Reynolds X Safarik X Tulang X Tyler X 8 0 1 0 ( DRAFT 4 ) Second Reading: December 3, 2003 ROLL CALL VOTE To Mayor: December 9, 2003 AYES NOES ABS EX Returned: - December 19, 2003 Arakaki X Effective: December 19. 2003 Chung X Published: January 4. 2004 Elarionoff X Holschuh X REMARKS: Jacobson X Reynolds X Safarik X Tulang X Tyler X 8 0 :1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALII / T , C1 CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date Bill No.: Bill 164 (Draft 4) _ e�L C- 374.4/PC -62 - ( t �L Reference: _ . ilpprov�Disappruved This day ♦ �� _ Z Lpun+ w 20 03 0 � Ord. No.: R, C OF Hof WAlI REPORT OF THE COMMITTEE ON PLANNING DATE: November 4, 2003 RE: Comm. No. 374 /Bill No. 164 PLACE: Councilroom TIME: 4:35 p.m. (Reconvene) Chair and Members Hawaii County Council Hilo. Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 374 and Bill No. 164. transmitted by Mayor Harry Kim, dated September 24, 2003, regarding an amendment to Change of "Lone Ordinance No. 91 -91 request by Pus'anui Partnership, at Holualoa I" and 2 "' North Kona. TMK: 7 -6 -8: POR 10 (1.000- acre). reports as follows: Bill No. 164 seeks to amend Conditions B and C of Change of Zone Ordinance 91 -91. which rezoned a one -acre portion of land from the Agricultural (A -la) to a Village Commercial (CV -la) district, by allowing an additional 5 years to secure final plan approval (Condition B) and commence construction (Condition Q. Communication No. 374 reports that the Hawaii County Planning Commission, as required by the Ilawaii County Charter. Article V1. Chapter 4, Section 6- 43(c), considered the above request and accompanying Bill No. 160 on September 11, 2003. At this meeting, the Commission concurred with the Planning Director's favorable recommendation for approval of' this matter. Communication No. 374, in synopsis, describes the Planning Director's Findings and Recommendations as the IbIlowing: 1. Ordinance No. 91 -91, effective on September 12, 1991, rezoned the subject property from Agricultural (A -1a) to Village Commercial (CV -la). The applicant requested the change of zone and concurrent State Land Use Boundary Amendment from Agricultural to Urban fir approximately one -acre to allow the construction of a restaurant and related facilities. Condition B of Ordinance No. 91 -91 required that Final Plan Approval be secured within one year from the effective date of the change of zone or September 12, 1992. ■ Condition C of Ordinance No. 91 -91 required the commencement of construction within one year from the date of receipt of Final Plan Approval and completion (certificate of occupancy) within two years thereafter or no later than September 12. 1 994. 2. To date the applicant has not complied with these performance conditions. According, to the applicant, non- compliance is a result of conditions that could not have been foreseen or were beyond the control of the applicant. i.e. restructuring of the property ownership. sluggish economy and the unanticipated cost of the improvements. 3. The applicant now feels that the proposed restaurant can he completed and is requesting the Al2,12endix C Communication 374 Bill 164 Page 2 amendments for an additional five years to complete its construction. 4. The General Plan Land Use Pattern Allocation Guide (L(JPAG) Map designates this area for Medium Density Urban uses. The affected area is zoned CV -1 a. The County 'Zoning Code has subsequently been revised since this rezoning was approved. Compliance with all applicable requirements such as setback, height and landscaping is still required. 5. Proposed Bill No. 164 reflects current language used in delineating performance conditions in addition to Conditions K and L. Condition K enables the Planning Director to grant an additional one -time extension for performance conditions before seeking Council approval. Condition K preserves and protects the 12 -foot wide trail running along the northern portion of the property. 6. The request to amend Conditions B and C would not be contrary to the original reasons for approving the Change of Zone. At today's meeting. Planning Director Chris Yuen and Sidney Fuke, representative for Pua'anui Partnership, provided this committee with background information about the origins and purpose of Bill No. 164. Mr. Fuke explained to this Committee that when the original rezoning to Commercial District took place in 1991 -1992 there was quite a bit of controversy because the parcel and the proposal encompassed a much larger area of 13 to 14 acres. The proposal area was reduced to 7 acres and some of the acreage downzoned from Commercial Village back to Open. Subsequently, this 1 -acre area was rezoned from Agriculture 1 -acre to Commercial Village with Ordinance 91 -91. The intent of this site, at the time of rezoning and at current, is to construct a restaurant and art gallery. This request for a time extension is to allow the applicant time to start and complete the construction of the restaurant and the art gallery on the one -acre site. During discussion. Council Vice Chair J. Curtis Tyler explained that he attended the Planning Commission hearing on this matter because ofconstituency concern that the public mauka -makai trail. Na Ala Fiele, would be disturbed during the project. As such. a Condition 1, preserving the trail was inserted into Bill 164. Mr. Fuke confirmed the applicant's plans to abide to the condition and not disturb the trail. Also, during discussion Mr. Fuke suggested. tier formatting purposes, theconditions ol' Bill 164 are re- alphabetized so that the last condition will be Condition K. the extension oftime performance condition. In relation to this same condition, this Committee expressed concern over granting the Planning Director authority to grant time extensions on performance conditions instead of the Council. Subsequently. this committee voted to amend Bill 164 with the following: I . Re- lettering Condition 1, to Condition i, and re- lettering and renumbering the subsequent conditions. Crnntnunication 374 Bill 164 Page 3 2. Changing Condition K so that granting authority for further requests for time extensions is the Council rather than the Planning Director. Your Committee concurs with the Planning, Commission and the Planning Director's favorable recommendation for approval of the amendments to Change of Zone Ordinance 91 -91. Your Committee on Planning is in accord with the intent and purpose of Bill No. 164, as amended to Dralt 2, and recommends it pass first reading. Ctd AYES NOES A& 1? VX ARAKAKI X Respectfully submitted (IRING X COMMI TEE ON PLANNING FLARIONOFF X 110I.SC'IIIIII X -t JACOBSON X REYNOLDS X SAFARIK X LENINGRAD EL RIO FF,CHAI MAN t '111LAN6 X VC RITORT NO. 62 I'Yl.lat X AD01 NOV 19 2083- -_ 7 -6- 003:013 7 -6- 003:014,19 7- 6- 003:014, 19 Darrelyn M. Gravett Madeline C. Jose Hilda A Stewart 76 -5893A Old Government Road Mary Fergerstrom, Sarah Kathryn Johnson Tony Jose, Georgette M Luscomb Holualoa, HI 96725 PO Box 184 PO Box 1395 Kailua -Kona, HI 96745 Honokaa, HI 96727 7 -6- 003:014, 19 7 -6- 003:017 7 -6- 003:016 Walter K. C. Mark TR Charles C. Yoshida George Y. Tamashiro Laurie Ann Heath, Rose Jose 76 -5893 Mamalahoa Hwy. Suzuko Tamashiro 1450 Keaaumoku St Holualoa, HI 96725 74 -5223A Queen Kaahumanu Hwy. Honolulu, HI 96822 Kailua -Kona, HI 96740 7 -6- 003:018 7 -6- 003:020 / 7 -6- 004:005 / 7 -6- 012:016 / 7 -6- 003:021 7 -6- 007:011 Konale LLC Kiyono Kunitake TR 71 S State of Hawaii, DAGS Walter Kunitake, Eugene Kunitake K ail Kalaheo Ave 75 Aupuni Street 76 -5861 A Mamalahoa Hw y. ua HI 96734 Hilo, HI 96720 Holualoa, HI 96725 7 -6- 003:021 7 -6- 003:028 7 -6- 003:029 Esther SK Jenkins TR John P. Shadinha Rose Jose PO Box 430 c/o Laura Jose Madeline G. Jose Holualoa, HI 96725 PO Box 184 PO Box 184 Kailua -Kona, HI 96740 Kailua -Kona, HI 96745 7 -6- 004:001 7 -6- 004:003 - -001 -8 / 7 -6- 004:004 / 7 -6- 004:033 7 -6- 004:006 Judy Duarte Sea and Sun LLC Masayuki Nagatoshi Trust PO Box 3 Larry R Smith, Caroline Smith Bank of Hawaii Inv SVC Group Holualoa, HI 96725 77 -6393 Alii Drive PO Box 3170 Kailua -Kona, HI 96740 Honolulu, HI 96802 7 -6- 004:007 7 -6- 004:008 7 -6- 004:009 Honpa Hongwanji Missn of HI Peter Curren Dungate Ralph Lloyd Blunt PO Box 769 Angelica Lynn Dungate Norma Louise Blunt, USPS Kealakekua, HI 96750 75- 5491 -G Mamalahoa Hwy 1020 San Rafael Ln Holualoa, HI 96725 Pasadena, CA 91105 7 -6- 004:010 7 -6- 004:012 7 -6- 004:013 Bhagavan S Buritz Gary /Betsy Queen Family TR Lillian Towata Roseann Buritz 62 -2323 Kanehoa St 76 -5914 Old Government Road PO Box 242 Kamuela , HI 96743 Holualoa, HI 96725 Kealakekua, HI 96750 7 -6- 004:014 7 -6- 004:015 7 -6- 004:016 Mary H Iwanaga TR Anne Thurston Thomas Lynn Tina Craft 76 -5913 Mamalahoa Hwy 76 -823 Hualalai Road 15 Lopaka PI Holualoa, HI 96725 Kailua -Kona, HI 96740 Kula, HI 96790 7 -6- 004:017 7 -6- 004:018 7 -6- 004:019 Rikio Matsuo TR, Ricky Matsuo, Nora Matsuo, Lillian U Towata Trst Rikio Matsuo TR, Nora Matsuo, Jan Yokogawa, Mae Sowinski, Aiko Matsuo Tr 76 -5913 Old Government Road Mae Sowinski, Aiko Matsuo TR, Ricky Matsuo 98 -1168 Komo Mai Dr Holualoa, HI 96725 98 -1168 Komo Mai Dr Pearl City, HI 96782 Pearl City, HI 96782 7 -6- 004:020 7 -6- 004:021 7 -6- 004:022 Bhagavan S Buritz Eugene Peter Gall Andrew L Tamasese Roseann Buritz 76 -5907 D Mamalahoa Hwy Isaac M Tanaka PO Box 242 Holualoa, HI 96725 75 -1254 Old Hawaii Belt Rd Kealakekua, HI 96750 Kailua -Kona, HI 96740 - 7 -6- 004:030, 35, 36, 40 7 -6- 004:031, 38 7 -6- 004:039 Ohta Trust Rose Jose Leonard John Jose c/o Bennett/Alice Ohta Gladys M Jose 17 Box 175 4440 Jasmine Ave PO Box 184 PO PO Box 5 96725 Culver City, CA 90232 Kailua -Kona, HI 96745 7 -6- 004:041 7 -6- 004:042 7 -6- 004:047 Rikio Matsuo Trust Daniel Kazuto Kunitake Kona Koyasan Daishiji Mission Inc Aiko Matsuo Trust Eleanor Aloha Ruddle Kunitake 42 Box 424 98 -1188 Komo Mai Dr PO Box 572 p0 PO Box 4 96725 Pearl City, HI 96782 Holualoa, HI 96725 7 -6- 004:048 7 -6- 004:048 7 -6- 004:049 Karen S Sheff Trst Lawrence I Sheff Joe Sira 78 -5921 Mamalahoa Hwy PO Box 849 Yuli Sira Holualoa, HI 96725 Holualoa, HI 96725 1642 La Ramada Ave Arcadia, CA 91006 7 -6- 004:050 7 -6- 004:051 7 -6- 005:013 Wayne Duarte William Duarte TR Verizon Hawaii Inc. PO Box 632 Leslie R Duarte Trst c/o Hawaiian Telcom, Inc. Holualoa, HI 96725 PO Box 36 PO Box 2200 Holualoa, HI 96725 Honolulu, HI 96841 7 -6- 005:014 7 -6- 005:024 7 -6- 005:059 Christopher Frederick Clifford Leonard J Jose Dennis G Bishop Desiree Balucan Clifford Estate of Eduarte Camara, Larry Jose Lillian J Choy, Sydney R Bishop PO Box 3138 PO Box 175 PO Box 755 Kailua -Kona, HI 96745 Holualoa, HI 96725 Holualoa, HI 96725 7 -6- 007:002 7 -6- 007:003 7 -6- 007:004, 12, 17 Summer Cho Trust Dwight Y Matsuyama TR Puaanui Partnership Violet O S Cho Family TR Philip S Matsuyama, Tainato K Matsuyama TR c/o Rebecca S Williams CPA 1011 Kalikimaka St 74 -564 Kaniohale Loop 71 S Kalaheo Ave Honolulu, HI 96817 Kailua -Kona, HI 96740 Kailua, HI 96734 7 -6- 007:005 7 -6- 007:006 7 -6- 007:007 Fred A Campbell Edmund B "Wick" Rice Trst Konale LLC Barbara I Campbell Elizabeth A Tyler Trst Attn: Rebecca Williams 76 -877 Hualalai Road PO Box 2636 71 S Kalaheo Ave Kailua -Kona, HI 96740 Kailua -Kona, HI 96745 Kailua, HI 96734 7 -6- 007:008 7 -6- 007:010 7- 6- 007:013 Roman Catholic Church John E Buck Boyd Matsuyama FHB Trust RE Svc /Attn: Scott Ono Deborah K Butterfield 40 Box 407 999 Bishop Street 11229 Cottonwood Rd PO PO Box 7 96725 Honolulu, HI 96813 Bozeman, MT 59715 7 -6- 007:016 7- 6- 007:018 7 -6- 007:019 - -001 -2 Thomas L Loratta Trust Clyde S Matsuyama Philip Daniel Henshaw PO Box 629 73 -1456 Ihumoe St Barbara Wressell Henshaw Holualoa, HI 96725 Kailua -Kona, HI 96740 5317 Bloch St San Diego, CA 92122 7 -6- 007:020 7- 6- 008:001 7 -6- 008:003, 4, 8, 24, 30 Thomas Family TR Hawaii Conf Foundation Turtle Bay Enterprises LLC PO Box 237 1848 Nuuanu Ave Atten: Cassandra Hazen Holualoa, HI 96725 Honolulu, HI 96817 PO Box 222 Holualoa, HI 96725 LANDOWNER (n /a) 7 -6- 008:006 7 -6- 008:007 7 -6- 008:009, 10 Alvin H Morinque Yuriko K Ota TR Marshall Brothers Dev LLC PO Box M 3rinque PO Box 351 75 -5660 Kopiko St Ste C7 #476 Holualoa, HI 96725 Holualoa, HI 96725 Kailua, HI 96740 7 -6- 008:012 7 -6- 008:013 7 -6- 008:014 Anne Thurston Thomas NKY LLC Hideo Sakata 76 -823 Hualalai Road 15 Lopaka PI Carol J Sakata Kailua -Kona, HI 96740 Kula, HI 96790 PO Box 148 Holualoa, HI 96725 7 -6- 008:015 7 -6- 008:016 7 -6- 008: -17 Tyrone Ohta Robert Woods Hagemi Sakata TR Goro Inaba TR Lena Ohta Clare Takumi Sakata Futoshi Inaba PO Box 1314 PO Box 221 PO Box 342 Kealakekua, HI 96750 Holualoa, HI 96725 Holualoa, HI 96725 7 -6- 008:017 7- 6- 008:018 7- 6- 008:019 Alan Z Inaba Georgene S Inaba Samuel Beck Rosen TR Goro Inaba TR, Futoohi Inaba Rowena H Inaba Gerald A Ben, Renee Fukumoto Ben 292 Miha Place 2463 NW Pettygrove St PO Box 416 Hilo, HI 96720 Portland, OR 97210 Holualoa, HI 96725 7 -6- 008:021 7 -6- 008:022 7 -6- 008:023 Hiroshi Ura Mayer Richard J Ma Emi Ura Y William Brougham Clark TR PO Box 43 283 Rustic Rd 1383 Akamai St Holualoa, HI 96725 Toronto, Ontario CANADA Kailua HI 96734 7 -6- 008:023 7 -6- 008:028 7- 6- 008:028 Haruo Honma TR Larry K Honma TRS Janet Honma Kunitake Sandy Toshiyuki Honma 75 -277 Aloha Kona Dr PO Box 135 2636 Las Casas Way Kailua -Kona, HI 96740 Holualoa, HI 96725 Rancho Cordova, CA 95670 7 -6- 008:028 7 -6- 008:029 7 -6- 008:032 Gladys Asako Trst Paul T Teramoto, Lance N Teramoto, Don K Itsuo Ohta TR 1383 Akamai St Teramoto, Kurt K Teramoto Bertha Y Ohta TR Kailua, HI 96734 PO Box 383 PO Box 38 Holualoa, HI 96725 Holualoa, HI 96725 7 -6- 008:034 7 -6- 008:020,33, 35 -40 7 -6- 009:001 Erika 1991 Fluyt Trst Mauka Realty Fund V LLC Maria A Jose PO Box 1301 7837 Convoy Ct Ste 100 73 -1495 A Hao PI Kealakekua, HI 96750 San Diego, CA 92111 Kailua -Kona, HI 96740 7 -6- 009:002 7 -6- 009:003 7 -6- 009:005, 6, 7/ 7 -6- 010:002 Clyde H Sakata Walter Gomes Walter Gomes Joycelyn S Sakata 76 -761 Hualalai Rd Benjamin Gomes PO Box 753 Kailua -Kona, HI 96740 76 -761 Hualalai Rd Holualoa, HI 96725 Kailua -Kona, HI 96740 7 -6- 009:005 7 -6- 009:005 7 -6- 009:008 Gail K A Kono Josiah Keawemauhili William Ross Lebus TR 94 -477 Kuahui Street PO Box 6384 76 -973 Kahako PI Waipahu, HI 96797 Garden Grove, CA 92846 Holualoa, HI 96725 '7-6-009:027 7 -6- 009:028 7- 6- 009:031 Wells Fargo Bank NA TTEE Itsuro Konno George Rivera Attn: Bank of America Noriyo Konno Felax Rivera 7105 Corporate Dr 76 -787 Hualalai Rd 76 -992 Kahako PI Plano, TX 75024 Kailua -Kona, HI 96740 Holualoa, HI 96725 7 -6- 009:032 7 -6- 009:034 7 -6- 009:033 Albert W Melhouse William Duarte, Jr Cecelia K Antolin TR Albert Melhouse et al PO Box 41 c/o Pamela Freitas 76 -980 Kahako Place Holualoa, HI 96725 PO Box 212 Holualoa, HI 96725 Holualoa, HI 96725 7 -6- 009:037 7 -6- 009:038 7 -6- 009:039 Sacarias Somalinog Wayne Ogata Trst Mary Hedenberg Trst Paul & Ann Somalinog Arlene Ogata Trst e Kahako a Place 0 Kha 76 -972 Kahako PO Box 154 76 -95 76-95 K ha 9 Plac Holualoa, HI 96725 Holualoa, HI 96725 7 -6- 009:040 7 -6- 009:041 7 -6- 009:042 Toni Blair Daniel Scott & Kathleen Kim Peters TR Sandra J Ulm Russell Blair 76 -955 Kahako Place 8538 Sand Point Way NE PO Box 175 Holualoa, HI 96725 Seattle, WA 98115 Holualoa, HI 96725 7 -6- 009:043 7 -6- 009:044, 45 7 -6- 009:046 Janet West Suter Trst Lance N Teramoto Ogata Family TR, Theron Ogata PO Box 2004 Deana A Y Teramoto Attn: Wayne & Arlene Ogata Trs Kailua -Kona, HI 96745 PO Box 820 PO Box 154 Holualoa, HI 96725 Holualoa, HI 96725 7 -6- 009:047 7 -6- 010:003, 16 7 -6- 010:005 / 7 -6- 011:004 Joa uin Belisario Jr Michael McMichael g Carl W & Beatrice a Costa r Paula Yuk Sim Masako & Lokelani Kuulei PO Box 4112 Makamae McMichael 5851 Camino De La Costa Kailua -Kona, HI 96745 La Jolla, CA 92037 76 -788 Hualalai Rd Kailua -Kona, HI 96740 7 -6- 011:022 7 -6- 011:027 7- 6- 011:028 Ronald B Davey Paul H Maddox, III Janice E Rivera TR 76 -809 Io Place Susan Maddox Cameron Ray Rivera Kailua -Kona, HI 96740 76 -810 Io Place 76 -816 Io Street Kailua -Kona, HI 96740 Kailua -Kona, HI 96740 7 -6- 011:029 / 7 -6- 012:015 7 -6- 012:002 7 -6- 012:004 Mitchell L & Cynthia Myers Nicholas Mastrocola Ho'omaiki Ha'awi Trst 76 -836 Hualalai Rd 617 Rhine Ln Attn: Christine C Nylin TTEE Kailua -Kona, HI 96740 Costa Mesa, CA 92626 76 -886A Hualalai Rd Kailua -Kona, HI 96740 7 -6- 012:005- -001 -2 7 -6- 012:005, 003 7 -6- 012:006 Owen M & Jackie L Suzuki Cathryn J Nova Frank & Robin Parisi 76 -882 Hualalai Rd 76 -882 Hualalai Rd #2 2769 SW Buena Vista Dr Kailua -Kona, HI 96740 Kailua -Kona, HI 96740 Portland, OR 97201 7 -6- 012:007 7 -6- 012:009 7 -6- 012:017 Peter B & Jennifer A Nottage Luann D Finlayson TR James Buck Hoy Young TR 76 -863 N Pakalakala PI 76 -842 Hualalai Rd Joretta Marie Young TR Kailua -Kona, HI 96740 Kailua -Kona, HI 96740 76 -866 B Hualalai Rd Kailua -Kona, HI 96740 7 -6- 012:031 - -001 7 -6- 012:031- -002 7- 6- 012:032 Robert C Bertossa Trst Giovanni Paciello Robert Guy Myers PO Box 566 Lois Allen Paciello 76 -996 S Pakalakala PI Kailua -Kona, HI 96745 76 -880 B Hualalai Rd Kailua -Kona, HI 96740 Kailua -Kona HI 96740 7 -6- 012:033 7 -6- 012:034 7 -6- 012:035 Ann T Koehler TR No. 1 Patricia Ann Smith TR L Thomas Miller 76 -994 S Pakalakala St 76 -992 S Pakalakala PI Shari L West Kailua -Kona, HI 96740 Kailua -Kona, HI 96740 76 -995 S Pakalakala PI Kailua -Kona, HI 96740 7 -6- 012:036 7 -6- 012:037 7 -6- 012:075 Hank Pham Joel L & Peggy M Wolf Shirley S Bell Trst Thuy Hang Do Pham 7113 Trask Ave PO Box 414 75 -5595 Palani Rd Ste B3 Playa Del Rey, CA 90293 Holualoa, HI 96725 Kailua -Kona, HI 96740 7 -6- 012:114 7- 6- 012:115 7- 6- 012:116 Ricky W Thompson Roger M. Petersen Roger M. Petersen Charla A Thompson 76 -874 ' Io Kualua PI 631 Cliff Dr Apt B5 76 -872 I'o Kualua PI Kailua -Kona, HI 96740 Laguna Beach, CA 92651 Kailua -Kona, HI 96740 7 -6- 012:150 7 -6- 012:151 7- 6- 012:152 Borise & Barbara D Cota Hale Lio, TR Michael J Ames 1994 TR Attn: Melissa Smith Carmen G Arnes 10830 Ashlar PI PO Box 225 1060 Summit Dr San Diego, CA 92131 Kailua -Kona, HI 96745 Gallatin Gateway, MT 59730 7- 6- 012:153 Mark A Mallonee Trst Karen D Mallonee Trst 439 NE Pinehurst Cir Ankeny, IA 50021 11W 1 DEPARTMENT OF PUBLIC VVO-RK,5 COUNTY OF HAWAII HILO, HAWAII DATE: January 10, 2011 Memorandum TO: B.J. Leithead-Todd, Planning Director Planning Department FROM: Ben Ishii, Division Chief a, Engineering Division SUBJECT: Amendment to Condition B (complete construction of proposed development) of Ordinance No. 03-162 Applicant Holualoa Inn Location: Holualoa, N. Kona, HI TMK: 3/ 7-6-008: Por 005 We reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. Flood Zone "AE", affects the subject parcel as designated by the Flood Insurance Rate Map (FIRM). Alteration of, or any new construction, improvements to repetitive loss structures or substantial improvements of structures within the AE Zone will be subject to the requirements of Chapter 27 — Flood Plain Management, of the Hawaii County Code. 3. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 4. The applicant shall comply with Chapter 11 -55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. 5. DPW defers to the Planning Director whether the proposed action calls for submittal of a TIAR under the concurrency requirements HCC Section 25-2-46. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA Planning Dept. By' Exhibit DE WATER s p A 19 49 P DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII GyryOFNAWp \\ tP1, 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 January 26, 2011 TO: Ms. BJ Leithead -Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager -Chief Engineer SUBJECT: CHANGE OF ZONE ORDINANCE NO. 03 162 APPLICANT — HOLUALOA INN REQUEST: AMENDMENT TO CONDITION B (COMPLETE CONSTRUCTIQN OF PROPOSED DEVELOPMENT) TAX MAP KEY 7 -6- 008:005 (PORTION) We have reviewed the subject request and have no objection to the requested 3 -year time extension to complete construction of the revised proposed development. The development has been revised from a restaurant and related facilities to a pavilion -type facility for special events, including a certified kitchen. The applicant has secured a water commitment for eight (8) units of water through Change of Zone Ordinance 91 -91 (amended through Change of Zone Ordinance 03 162). The Department will also note that, through Planned Unit Development PUD 07- 000007, the eight (8) units of water secured through the zoning ordinance have been designated to the proposed bulk lot within the proposed 15 -lot PUD. The proposed bulk lot encompasses the existing Holualoa Inn as well as the proposed pavilion facility with certified kitchen. Based on the revised proposed development concept, the Department requests that the applicant provide estimated maximum daily water usage calculations for the pavilion area, restrooms, and certified kitchen. The calculations must be provided by a professional engineer, licensed in the State of Hawaii, and shall include the estimated maximum daily water demand in gallons per day and the estimated peak flow in gallons per minute. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. Sin ely ours, L Mil n . Pavao, P.E. . ,.. Ma ger Chief Engineer sCANN FM: df g copy — Holualoa Inn By 3 Planning Dept. Exhibit .3 ...Water, Our Most Precious Resource ... Ka Wai A Kane ... h Eyc #i William P. Kenos Darryl J. Oliveira Mayor = FFre Chief Glen P. I. Honda Depaty rire Chief Couutp of 'aWal`i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 January 5 2011 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: AMENDMENT TO CONDITION B (COMPLETE CONSTRUCTION OF PROPOSED DEVELOPMENT) OF ORDINANCE NO. 03 162 APPLICANT: HOLUALOA INN TAX MAP KEY: 7- 6- 005:POR S We do not have any comments regarding the time extension/amendment request; however, if we have not been provided the opportunity to submit comments on fire code requirements, we would like to have that opportunity at the appropriate time. DARR OLIVEIRA ire Chief DO:lpc Planning Dept. Exhibit SCANNNUD LW 1 4 =peg` Hawai'i County isan Equal Opportunity Providerand Employer. V 0 of, ...... 7 William P. Kenoi t Frank J. DeMarco, P.E. Mayor Director William T. Takaba TE or TWA Nan M. 14igoe Managing Director Deputy Director Gunk Jaf C ' Maival " i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961-8083 • Fax (808) 961-8086 htti)://co.hawaii.hi.us/directoOL/dir envmng.ht MEMORANDUM Date : December 23, 2010 To : BJ LEITHEAD TODD, Planning Director From: FRANK J. DE MARCO, P.E., Director Subject: Amendment to Condition B ( complete construction of proposed development) of Ordinance No. 03 162 Applicant: Holuloa Inn TNM: 7-6-008:Por. 5 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) 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. 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. 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: X ) Wastewater Division comments will be provided separately. ) Wastewater Division had no comment as this is not a sewered or planned sewered area. Planning Dept.0 6 8 8 4 9 County of Hawaii is an Equal Opportunity Provider and EinploAExhibit S- ,�1NtV os•M,,!L CJ,+ r Ii William P. Kenoi ;. Frank J. DeMarco, P.E. Mayor Director William T. Takaba of•Nr++ Ivan M. Torigoe Managing Director rt rt �Y �j� 11 t Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 httpJ /co.hawaii.hi.us/directory /dir envmng htm MEMORANDUM Date : January 3, 2011 To : BJ LEITHEAD TODD, Planning Director From: FRANK J. DE MARCO, P.E., Director ►AM.fL Subject: Amendment to Condition B ( complete construction of proposed development) of Ordinance No. 03 162 Applicant: Holuloa Inn TMK: 7- 6- 008:Por. 5 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( X) 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 Hawai' i County Code. Complete 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. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ( "Director of DEM "), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. { ) Other: NOTE: Solid Waste Division comments will be provided separately, Ju County of Hawai `i is an Equal Opportunity Provider and Emplover. - 2- t E, OF h'q WILLIAM J. AILA, JR. NEEL ABERCROMBIE c 5 a v INTERIM CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT I i a r oE �nd and N dt` e € • r. € I = e° ! y . E ° s` .e° esa �e N STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION Of HOW POST OFFICE BOX 621 HONOLULU, HAWAII 96809 January 10, 2011 Ms. BJ Leithead Todd Planning Director County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Dear Ms. Leithead Todd: Subject: Amendment to Condition B (complete construction of proposed development) of Ordinance No. 03 162 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR), Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comment. Other than the comments from Division of Aquatic Resources, Engineering Division, the Department of Land and Natural Resources has no other comments to offer on the subject matter. Historic Preservation will be submitting comments through a separate letter. Should you have any questions, please feel free to call our office at 587 -0414. Thank you. Sincerely, ussell Y. Tsuji Administrator 1 vl ' 1$i RRR oi t Planning Crept. Exhibit OF NELL ABERCROMBIE GOVERNOR OF HAWAII WILLIAM J. AILA, JR, INTEIZIM CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT "E0 Ok and vN-5 Of 0 H STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION LU J AN ofvio POST OFFICE BOX 621 State HONOLULU, HAWAII 96809 a Phone: (808) 587-0433 Fax: (808) 587-0455 CES December 28, 201 MEMORANDUM TO: �NR Agencies: x Div. of Aquatic Resources 1 eation i : , '�?j ( qtia. n�� — D i v . of Bn. x ngpineering Division Div. of Forestry & Wildlife 4 Div. of State Parks x Commission on Water Resource Management Office of Conservation & Coastal Lands — Land Division – FROM: Charlene Unoki, Assistant Administrator SUBJECT: Amendment to Condition B (complete construction of proposed development) of Ordinance No. 03 162 LOCATION: Island of Hawaii APPLICANT: Holuloa Inn Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by January 10, 201 If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact my office at 587-0433. Thank you. Attachments We have no objections. We have comments. Co en e attached. Signed: Date: ROBERT p, PhT Aquatic R@S0W01tpnVam Mana,, OF ... . . . .... NEIL ABERCROMBIE '9 .. GOVERNOR OF HAWAII WILLIAM 3. AILA, JP_ INTERIM CHAIRPERSON BOARD OF ',AND AND NATURAL RESOURCES r OMMISSION CA WATER RESOURCE MANAGEMENT and STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES l-j --b RA@) I*IDSION te of Roi` POST OFFICE BOX 621 HQN LV, HAWAII 96809 P Ifoh : S08 587-0433 87 -0455 December 28, 201 MEMORANDUM TO: DLNR Agencies: x D f-Aquati c Resources — ay- iv. of Boating & Oc baj�Recreation ie Division D iv. of 0 Xe Q Engineering D F it life —Div. of State Parks x Commission on Water Resource Management —Office of Conservation & Coastal Lands — Land Division – FROM: Charlene Unoki, Assistant Administrator SUBJECT: Amendment to Condition B (complete construction of proposed development) of Ordinance No. 03 162 LOCATION: Island of Hawaii APPLICANT: Holuloa Inn Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by January 10, 201 If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact my office at 587-0433. Thank you. Attachments We have no objections. We have no comments. ent Co are attached. Signed: Date: I r DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD /C:harleneUnoki Ref.: AmendConditionBOrdinance03 162Holualoa Hawaii.498 COMMENTS O We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone _ (X) Please take note that according to the Flood Insurance Rate Map (FIRM), the project site is located in Zones X, XS and AE. The National Flood Insurance Program does not have any regulations for developments within Flood Zones X and XS, however, it does regulate developments within Flood Zone AE as indicated in bold letters below. O Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is _ (X) Please note that the project must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau -Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587 -0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Robert Sumitomo at (808) 768 -8097 or Mr. Mario Siu Li at (808) 768 -8098 of the City and County of Honolulu, Department of Planning and Permitting. (X) Mr. Carter Romero at (808) 961 -8943 of the County of Hawaii, Department of Public Works. () Mr. Francis Cerizo at (808) 270 -7771 of the County of Maui, Department of Planning. () Ms.Wynne Ushigome at (808) 241 -4890 of the County of Kauai, Department of Public Worsts. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State - sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: (X) Other: We do not have any objections to the request for a time extension/amendment to complete construction of the proposed development and related facilities, which was required in condition B of Ordinance No. 03 -162 identified by TMK: (3) 7- 6- 008:portion of 005 in North Kona Hawaii. Should you have any questions, please call Ms. Suzie S. Agraan of the Planning Branch at 587 -0258. 6 Signed: _ CAR CH , CHIEF ENGINEER Date: ( � NEIL ABERCROMBIE Hq KEITH R. RIDLEY GOVERNOR Acting Director of Health 040 "T X STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: January 11, 2011 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye 0 Acting District Environmental Health Program Chief SUBJECT: Amendment to Condition B (complete construction of proposed development) of Ordinance No. 03 162 Applicant: Holualoa Inn Tax Map Key: 7-6-008:Por. 5 Dispensing site locations and food preparation areas would need to meet the requirements of Chapter 12, Food Establishment Sanitation Code. The applicant may call Ph. 933-0917 to discuss the content of this communication. We recommend that you review all of the Standard Comments on our website: littp://Iiawaii.gov/healtb/environmental/env-planning/landuse/lai Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:Holualoa Inn-Cond. B.my SCANNED ]AN 1 8 Planning Dept. L Exhibit RHolualoaInnREZAmendDBugado .doc -1 /26/11 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HOLUALOAINN CHANGE OF ZONE ORDINANCE NO. 03 -162 (REZ NO. 694) AMENDMENT TO CONDITION B Upon review of the applicant's request, the Planning Director recommends that a favorable recommendation of the request to amend Condition B of Change of Zone Ordinance No. 03 -162 be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting an amendment to Condition B of Ordinance No. 03 -162 to allow for an additional three years by which to secure final plan approval and complete construction of the proposed commercial development on the one -acre project site. To satisfy this anticipated requirement, the applicant is currently contemplating the construction of an approximately 3,000 square -foot pavilion -type facility to host special activities. The inability of the applicant to comply with the requirements of Condition B of Change of Zone Ordinance No. 03 -162 is the result of conditions that could not have been foreseen or are beyond the control of the applicant and not attributable to the applicant's negligence. Since the granting of the original change of zone in 1991 and its subsequent amendment in 2003, there has been a change of the property ownership, significant economic hardships of the last few years coupled with the applicant's focus on securing a Planned Unit Development Permit for the property, needed improvements to Holualoa Inn, and an evaluation of the commercial area that have all resulted in the applicant's inability to meet the construction deadline. The effects of the economic downturn were beyond the applicant's control and not due to negligence. According to the applicant, "This pause, however, has permitted the applicant to re- examine development of the commercial area and to make positive adjustments for its future use." As such, the applicant has changed the original restaurant concept for this commercial property and is now planning an approximately 3,000 square foot event pavilion able to accommodate approximately 200 people. The applicant has hosted previous events on the property, including the Annual Holualoa Village Coffee and Art Stroll, the Music and Light Festival, and the H61ualoa Farm Fest and Ukulele Jam. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Medium Density Urban uses. The subject area is zoned CV -la. The County Zoning Code has subsequently been revised since this rezoning was approved. However, compliance with all applicable requirements such as setback, height and landscaping will still be required. The Kona Community Development Plan (KCDP) designates the area to be within a potential Rural Town TOD, Policy LU -3.1, Redevelopment of Rural Towns as TODs/TNDs states that "the rural towns along Mamalahoa Highway (in the South Kona district) consisting of H61ualoa, Honalo, Kainaliu, Kealakekua, and Captain Cook, are encouraged to be redeveloped as TODs /TNDs (Transit Oriented Development/ Traditional Neighborhood Development)." However, the area has not initiated redevelopment efforts. All essential utilities and services are available to the site. The request would not adversely impact the land use pattern in the immediate area. Based on the above findings, it is recommended that a favorable recommendation to amend Change of Zone Ordinance No. 03 -162 be forwarded to the County Council. The accompanying draft bill reflects the recommended amendments to conditions of Ordinance No. 03 -162. (Material to be deleted is bracketed and struck through and material to be added is underscored.) A. The applicant, successors or assigns shall be responsible for complying with all of the conditions of approval; B. Construction of the proposed development shall be completed within [ five (5) three 3 years from the date of this amendment. Final Plan -2- Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements); C. [a] A drainage system shall be installed meeting with the requirements of the Department of Public Works; D. [] Access to the development shall be restricted to one driveway from [Mamal-ahea] Mamalahoa Highway. This access shall be provided over Tax Map [key] Key Nos: 7 -6 -8: 24 and 27, unless an equivalent or better access (i.e., sight distance, topography, hazards) can be utilized meeting with the approval of the Department of Public Works and Planning. The driveway access shall be improved with a minimum 20- foot wide pavement from [#amalahea] Mamalahoa Highway to the development meeting with the approval of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; E. [sight] Sight distance, including pavement widening along the frontage of TMK: 7 -6 -8: 05, shall meet with the requirements of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; F. [should] Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent -3- work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; G. [ Com 1 with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, and Public Works; H. [sheer] 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 developers' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; I. [the] The applicant, his successors, assigns or heirs shall not seek an increase in density beyond the maximum of five units until the existing infrastructure on [alai] Hualalai Road and [Mamma] Mamalahoa Highway has been improved to acceptable standards. The applicant shall submit restrictive deed covenants for the subject property to the [planning departme ] Planning Department for its review and approval prior to the submittal to the State of [ai-i] Hawaii Bureau of Conveyances for recordation with the final plat maps. These covenants shall be included in the deed and will require that there be no increase in density on the subject properties until such time as the infrastructure on [Hualalai] Hualalai Road and [Mam alahoal Mamalahoa Highway has been improved to an acceptable standard meeting with the approval of the [ ] Planning Department and [ a °,., ,te* 4 ^ublie .:, ^,v ° Department of Public Works Once those conditions have been met, this covenant may be extinguished; J. [an] An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the -4- compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, K. The 12 -foot wide trail running along the northern portion of the property shall not be disturbed nor blocked from traditional and customary pedestrian use. Furthermore, the minimum structural setback shall begin from the southern edge from the 12 -foot wide trail. L. 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 may initiate rezoning of the area to its original or more appropriate designation. -5- i JN Z 4 OF COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (Pt" ki _ _ P „ -) AN ORDINANCE AMENDING ORDINANCE NO. 03 162 WHICH AMENDED ORDINANCE NO. 91 -91, WHICH CHANGED THE DISTRICT CLASSIFICATION FROM AGRICULTURAL— 1 ACRE (A -la) TO VILLAGE COMMERCIAL— 1 ACRE (CV -la) AT HOLUALOA 1 sT AND 2 NORTH KONA, HAWAI`l, COVERED BY TAX MAP KEY: 7 -6- 008:005 (PORTION). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 03 162 is amended as follows: "SECTION 1. Section 25 -8 -3, Article 8, Chapter 25 (Zoning Code) of the [Hawaii] 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 [Holu-alea] H61ualoa 1St and 2 North Kona, [email] Hawaii shall be Village Commercial — 1 acre (CV -la): Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Northerly side of an existing 12 -ft. wide trail, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 8,317.45 feet South and 15,425.88 feet East and running by azimuths measured clockwise from True South: 1. 358 54' 30" 12.07 feet across the existing 12 -ft. wide trail to a point; 2. 6 44' 30" 67.12 feet along stonewall and along the remainders of Allotment 63 of the [a-loa] H6lualoa 1 St and 2 °d Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu to a point; -1- { s I j 3. 8 49' 30" 56.82 feet along stonewall and along the remainders of Allotment 63 of the [14olu-alea] H61ualoa 1 st and 2 nd Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu to point; 4. 9 20' 20.95 feet along the Westerly side of an existing roadway to a point; Thence, for the next six (6) courses following along the remainders of Allotment 63 of the [Helu-aloa] H61ualoa 1 st and 2" Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu: 5. 82 33' 30" 241.43 feet to a point; 6. 172 33' 30" 166.92 feet, passing across the existing 12 -ft. wide trail, to a point; 7. 262 33' 30" 145.00 feet to a point; 8. 263 12' 47.28 feet along stonewall to a point; 9. 267 16' 30" 30.51 feet along stonewall to a point; 10. 274 21' 59.75 feet along stonewall to the point of beginning and containing an area of 1.000 Acre. SECTION 2. [This £oliowing: In accordance with Section 25 -2 -44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health safety and welfare; or (1) 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 -2- (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors or assigns shall be responsible for complying with all of the conditions of approval; B. Construction of the proposed development shall be completed within [ five (5) three 3 years from the date of this amendment. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements); C. [a] A drainage system shall be installed meeting with the requirements of the Department of Public Works; D. [ Access to the development shall be restricted to one driveway from [Mamalaho ] Mamalahoa Highway. This access shall be provided over Tax Map [ley] Key Nos: 7 -6 -8: 24 and 27, unless an equivalent or better access (i.e., sight distance, topography, hazards) can be utilized meeting with the approval of the Department of Public Works and Planning. The driveway access shall be improved with a minimum 20- foot wide pavement from [mho ] Mamalahoa Highway to the development meeting with the approval of the Department of Public -3- Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; E. [4&] Sight distance, including pavement widening along the frontage of TMK: 7 -6 -8: 05, shall meet with the requirements of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; F. [shoed] Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; G. [comp! ] Comply with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, and Public Works; H. [should] 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 developers' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; I. [the] The applicant, his successors, assigns or heirs shall not seek an increase in density beyond the maximum of five units until the existing infrastructure on [14ualalai] Hualala.i Road and [Mamalahea] Mamalahoa Highway has been improved to acceptable standards. The applicant -4- shall submit restrictive deed covenants for the subject property to the [planning depaAmenfl Planning Department for its review and approval prior to the submittal to the State of [14a�vaii] Hawaii Bureau of Conveyances for recordation with the final plat maps. These covenants shall be included in the deed and will require that there be no increase in density on the subject properties until such time as the infrastructure on [Hualalai] Hualalai Road and Mamalahoa Highway has been improved to an acceptable standard meeting with the approval of the [ planning department Planning Department and [d ° „ tOf publie werl ] Department of Public Works Once those conditions have been met, this covenant may be extinguished; J. [an] An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. 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 and the Planning Director acknowledges that further reports are not required; and, K. The 12 -foot wide trail running along the northern portion of the property shall not be disturbed nor blocked from traditional and customary pedestrian use. Furthermore, the minimum structural setback shall begin from the southern edge from the 12 -foot wide trail. L. 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 -5- be met or substantially complied with in a timely fashion, the 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 Hawai `i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -6- FOR REFERENCE ONLY t r�u c 41P A is A 10 SCRLt✓: A -rq A la �Cj - {COL CV to 8,317.45 S 15425.68 E ° K AILUA (N Of?T'H �'.• PFS. f5 re5 i5 MA LAt-1oA cV toy c to S EA Ll H Oi.i A 1Q t A Iq A la A -t o A to .A61Z1cul,_TURAL (A- Q) TO ViLL.AGE O METZCIAL- (G�/ -la� AtRlilr 1.000 ACRE A -1 a t i i� l A to P� AMENDMENT TO THE ZONING CODE AMf�ND1N48 SECTIOIN - Z� - 87 (NOR -rH KONA ZONE ,MAP) AkTICLW 3, CHAP - reiQ ZS (zomNG cove) OF THE HAWAII COUNTY CoDE I9Y CHANGING THE I P97RI -CLASSIFICATION F1ROM ASRiCUL. T UI'QAL.. (A -1a) TO V1L -L-AGE COMMERCIAL- (CV -1 a) AT H0 UU^L_ 0A 1ST ANP 1 2ND, NORTH KC1VA, HAVNAII. p►Q>cPARCt� Dy c PL,�NN1N� b�PAI"- 2TM�NT caUNT�' oP HAW,�t Tr lK Z. 7 -6-08 = 10 {r"oRTioC-j) 17CC_ "28, 19 0 -. tDESMONn �t_TW1GG-SMfTI FXHIBIT t,A,11