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HomeMy WebLinkAboutCOM 0524.000 2010-2012William P. Kenoi Mayor December 21, 2011 County of Hawai i 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 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: VChange of Zone Ordinance No. 95 98 (REZ 800) Applicant: Renaissance Development, LLC Request: Amendment to Condition B Tax Map Key: 1-6-003:010 Change of Zone Application (REZ 11- 000146) Applicant: Takata Dental Health Center, Inc. Request: RS -10 to RCX -20 Tax Map Key: 2 -2- 038:028 Initiator: County Council Bill No. 90 Proposing the Amendment to Chapter 25, Article 1 and Article 5 of The Hawai`i County Code 1983 (2005 Edition, As Amended), Relating to Zoning District Regulations for Crematoriums, Funeral Homes, Funeral Services, and Mortuaries Change of Zone Application (REZ 11- 000143) Applicant: Donny Souza & Melissa Mulliken Request: RS -10 to CV -10 Tax Map Key: 1 -8- 002:064 William T. Takaba Managing Director Wally Lau Deputy Managing Director As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commissions' letters and enclosures regarding the above - referenced requests. Sincerely William P. Kenoi Mayor Enclosures cc: Planning Depai anent Hawaii County is an Equal Opportunity Provider and Employer Comm. No. 521/ Ref. To: Pc. R.f. Date DEC 2 9 2011 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 *DEC 7 1 2011 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Ordinance No. 95 98 (REZ 800) Applicant: Renaissance Development, LLC Request: Amendment to Condition B Tax Map Key: 1 -6- 003:010 The Windward Planning Commission, after a duly held public hearing on December 1, 2011, voted to recommend for your approval the proposed legislative bill for an amendment to Condition B (secure final subdivision) of Ordinance No. 95 98, which reclassified approximately 44.341 acres from the Agricultural (A -20a) district to the Agricultural (A -la) district. The request originally included an amendment to the zoning designation from an Agricultural (A -1a) to a Family Agricultural (FA-1a) district but this request was withdrawn by the applicant. The property is located adjacent to and south of the former Puna Sugar Company manager's residence, west of the Kea`au -Pahoa Highway, approximately one mile south of Kea`au Village, Kea'au, Puna, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests amendments to Conditions B and I of Ordinance No. 95 98, which reclassified approximately 44.341 acres from the Agricultural (A -20a) district to the Agricultural (A -la) district to allow the development of a 35 -lot one -acre subdivision. Hawai `i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 Condition B of Ordinance No. 95 98 approved on August 23, 1995 required the completion of the subdivision within five (5) years from the effective date of the ordinance, or until August 23, 2000. Subsequently, the Planning Director granted a five - year administrative extension of time to August 23, 2005 to comply with Condition B. Tentative Subdivision Approval for 37 lots was granted on June 23, 2004. In April of 2008, the current landowner (applicant) acquired the property with the intent to complete the subdivision, which would be revised to 35 lots to conform to Condition B. However, due mainly to economic conditions and the depressed real estate market, the deadline for securing Final Subdivision Approval has passed, and the applicant requests the amendment to Condition B "covering the period between August 23, 2005 to present, and an additional 5 years from the effective date of this rezoning amendment to secure final subdivision approval." Further, the applicant requests an amendment to Condition I to reflect an initial extension of time from the effective date of the current amendment. The material proposed to be deleted is bracketed /struck through; material to be added is underscored. • Condition B: "Final Subdivision Approval of the subdivision development shall be secured within five years from the effective date of this [change of zone ordinance] amendment. As represented by the applicant, the proposed subdivision shall not exceed a maximum of [36] 35 lots [(includes the visitor center lot)]." • Condition I: "An initial extension of time from the effective date of this amendment 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 its fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year)." The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and are not the result of their fault or negligence. The applicant states that the proposed development was not completed due to changes in ownership of the property, in addition to a change in project concept. The current landowner acquired the property with the intention of completion the proposed 1 -acre lot subdivision; however, the deadline for securing Final Subdivision Approval has passed. The applicant states that "because of the current economic malaise and the vagaries of the real estate market, there is a chance that the entire subdivision may not be completed in the next five years." Thus, the applicant requests the possibility of another initial time extension to complete the project. Granting of the time extension would not be contrary to the General Plan or Zoning Code. When Ordinance No. 95 98 was approved on August 23, 1995, the property was designated Orchards under the 1989 General Plan LUPAG map. The subject property was subsequently redesignated as Important Agricultural Lands (JAL) under the 2005 General Plan amendment. IAL lands are those "with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Under the 2005 General Plan amendment, lands classified as Prime or Unique under the Agricultural Lands of Importance to the State of Hawai`i (ALISH) classification system became IAL. As such, as a portion of the property was designated Prime, the Orchards designation was amended to the current IAL designation. The property is zoned A -la, a designation which is no longer in existence since the Zoning Code update in 1997. As such, the applicant has requested an amendment from the A -la to the FA -la zoning. However, because the Zoning Code is silent regarding amendments to A -la zoned properties after 1997, the Zoning Code would have to be amended to effectuate such a change from A -la to FA -la. Thus, the current request is not the proper process to address this issue and therefore, we will not support the request. (The applicant withdrew this request prior to the hearing.) At the time the change of zone was approved in 1995, there was no community development plan for the area. Subsequent to the approval of the rezoning, on September 10, 2008, the Puna Community Development Plan (PCDP) was adopted by Ordinance No. 08 116. Although the PCDP supports the reduction of buildable lots in Puna, this request is for an extension of time to complete a project under a change of zone approved in 1995. Thus, the project does not seek to increase the number of lots for greater density, nor does it seek to expand the land area or project concept. The majority of the proposed 35 -lot subdivision will still be comprised of lots approximately one -acre in size. In addition, although the PCDP suggests the preservation of agricultural lands with the The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 retention of quality agricultural lands dedicated to agricultural use in perpetuity to increase opportunities for diversified agriculture, it would be more prudent to review new change of zones under such goals or objectives. In this situation, the applicant merely seeks an extension of time to complete a project previously approved for development. Various changes in land ownership have not facilitated the timely completion of this project, and the unstable economy has battered the real estate market which, in a long run, has had a negative impact on this development. The financial markets have also been negatively impacted, and lenders are more cautious and financing more difficult to obtain. Thus, the inability to complete the project in a timely matter is by no means the fault of the applicant, as unpredictable forces cannot be foreseen. The applicant has stated that all existing conditions will be satisfied, and hopes to see the project to fruition if granted an extension of time. Agencies consulted had no major concerns on the request. The Department of Water Supply has stated that the water commitment for this project (Subdivision No. 95- 119) expired on September 30, 2006 and recommends the remittance of additional funds to effect a water commitment for the proposed subdivision. Based on the above findings, the proposed amendment to Ordinance No. 95 98 is not contrary to the original reasons for approval of the change of zone. The Planning Director proposes that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and recommends that a favorable recommendation be forwarded to the County Council. For your favorable consideration, an amendment to Ordinance No. 95 98 is transmitted. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission Lrenaissancerez800wpc2 Enclosures cc: Mr. Sidney Fuke Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT - Highways, Honolulu Amy Self, Esq., Corporation Counsel 'Comm. 524 /Bill 166 BRenamend9598.doc- 11/22/11 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT RENAISSANCE DEVELOPMENT, LLC CHANGE OF ZONE APPLICATION (REZ NO. 800) RENAISSANCE DEVELOPMENT, LLC has submitted a request to amend Conditions B and I of Ordinance No. 95 98, which reclassified approximately 44.341 acres from the Agricultural (A -20a) district to the Agricultural (A -1a) district. The request also includes an amendment to the zoning designation from an Agricultural (A -1a) to a Family Agricultural (FA- la) district. The property is located adjacent to and south of the former Puna Sugar Company manager's residence, west of the Kea'au-Pahoa Highway, approximately one mile south of Kea'au Village, Kea'au, Puna, Hawai`i, TMK: 1 -6 -3: 10. PROPOSED ACTION 1. Request: The applicant requests amendments to Conditions B and I of Ordinance No. 95 98, which reclassified approximately 44.341 acres from the Agricultural (A -20a) district to the Agricultural (A -la) district to allow the development of a 35 -lot subdivision with parcels one -acre in size. (P.D. Exhibit 1 - Applicant's letters dated August 24, 2011 and September 2, 2011 and supporting documents) 2. Background information/Reasons for the request: Condition B of Ordinance No. 95 98 effective August 23, 1995 required the completion of the subdivision within five (5) years from the effective date of the ordinance, or until August 23, 2000. Subsequently, the Planning Director granted a five -year administrative extension of time to August 23, 2005 to comply with Condition B. Earlier, Special Permit No. 900 was approved by the Planning Commission on April 26, 1995 for a visitor center complex promoting cacao production on an approximately 3 -acre portion of the property; however, by letter dated April 21, 2004 from the landowner at that time, the Special Permit was revoked due to a change in plans to develop the property into 37 one -acre lots. Tentative Subdivision Approval for 37 lots was granted on June 23, 2004, although the number of lots exceed the maximum 36 lots specified by Condition B. In April of 2008, the current landowner (applicant) acquired the property with the intent to complete the subdivision. However, due mainly to economic conditions and the depressed real estate market, the deadline for securing Final Subdivision Approval has passed, and the applicant requests the amendment to Condition B "covering the period between August 23, 2005 to present, and an additional 5 years from the effective date of this rezoning amendment to secure final subdivision approval." Further, the applicant requests an amendment to Condition I to reflect an initial extension of time from the effective date of the current amendment. The applicant has agreed to revise the revise their subdivision plans to limit the number of lots to 35, consistent with Condition B. 3. Requested amendments to Ordinance No. 95 98: • Condition B: "Final Subdivision Approval of the subdivision development shall be secured within five years from the effective date of this [change of zone ordinance] amendment. As represented by the applicant, the proposed subdivision shall not exceed a maximum of [36] 35 lots [(includes the visitor center lot)]." • Condition I: "An initial extension of time from the effective date of this amendment 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 its fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and. -2- 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)." AGENCIES' COMMENTS 4. Department of Public Works: P.D. Exhibit 2 - November 30, 2011 memo 5. Department of Water Supply: P.D. Exhibit 3 - October 11, 2011 memo 6. Police Department: P.D. Exhibit 4 - September 26, 2011 memo 7. Fire Department: P.D. Exhibit 5 - September 20, 2011 memo 8. Department of Environmental Management: P.D. Exhibit 6 - September 13, 2011 memo 9. Department of Health: P.D. Exhibit 7 - September 15, 2011 letter 10. DLNR Land Division: P.D. Exhibit 8 - October 18, 2011 memo and attachments AGENCIES - NO RESPONSE 11. Office of Housing and Community Development, DLNR Historic Preservation Division, Department of Transportation APPLICANT'S RESPONSE TO COMMENTS 12. P.D. Exhibit 9 - October 26, 2011 letter from the applicant's representative PUBLIC COMMENTS 13. None as of this writing. SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212'• Hilo, Hawaii 96720 Telephone: (808) 969 -1522 • Fax: (808) 969-7996 sidfuke@hawaiiantel.net Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports September 2, 2011 Subject: Amendment to Condition B - Rezoning Ordinance No. 95 98 APPLICANT - Renaissance Development, LLC Kea'au, Puna, Hawaii, TACK: 1- 6-003: 010 This is to follow up on our meeting of September 1 regarding the subject application. Pleased be informed that the applicant has informed me that it wishes to amend its request by eliminating the 1 -lot density increase. The request would thus be for only the time extension. We would appreciate your taking that into consideration as you review the request and make the appropriate notation in any subsequent letters or reports. Should you have questions on this matter, please feel free to direct them to me. Thank you very much. SIDNEY M. FUKE Planning Consultant Copy — Mr. Robert Yoneoka, Renaissance Development, LLC via email SCANNED Planning Dept. IV3 1�3 P Exhibit SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 E -mail: sidfuke@hawaiiantel.net August 24, 2011 Ms. BJ Leithead Todd, Director Nanning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: PLANNING DEri i pOikince • Zoning r' ; ( ";t Ty t''s 1 �' • � Land Use Permits • Environmental Reports 7T1 A m 25 :H t:,1 Subject: Amendment to Condition B — Rezoning Ordinance No 95 98 APPLICANT - Renaissance Development, LLC Kea au, Puna, Hawaii, TMK: 1- 6-003: 010 The subject area, consisting of 44.341 acres of land, was rezoned into the Agricultural (A -1 a) district (Ord. No. 95 98) on August 23, 1995. Condition B required final subdivision approval be secured before August 23, 2000 and limited the number of lots to 36. Although a 5 -year administrative time extension was granted to August 5, 2005, the project has still not received final subdivision approval. Additionally, the revised final plat of the proposed subdivision now reflects 37 lots. Accordingly, the applicant/landowner respectfully requests an amendment to Conditions B and I. Condition B would be for a 10 -year extension, retroactive to August 5, 2005, to complete final subdivision approval as well as the deletion of the 36 lot cap. The amendment to Condition I would provide the ability to have an initial administrative time extension as well. The applicant understands that pursuant to the County Zoning Code, all time extension requests must be reviewed against prevailing policies, ordinances, and planning documents that could result in the need to modify some of the existing conditions and/or even development of new ones. Furthermore, since there no longer is the A -la zoning classification, the comparable classification would be FA-la. Pursuant to your application requirements, please find enclosed the following: a. Twenty (20) copies of this letter, including the required planning and environmental report and the letter of authorization; and b. A list of the surrounding property owners within a thousand (1,000) feet of the subject property; real property tax clearance; and $500 filing fee. 073708 Ms. BJ Leithead Todd, Director August 24, 2011 Page 2 Should you have questions on this matter, please feel free to direct them to me. Thank you very much. Sincerely, S 1,tkr2\ NEY . FUKE Planning Consultant Enclosures Copy — Mr. Robert Yoneoka, Renaissance Development, LLC w/ enclosures via email SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 E-mail: sidfuke @hawaiiantei.net • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports September 2, 2011 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Amendment to Condition B - Rezoning Ordinance No 95 98 APPLICANT - Renaissance Development, LLC Kea' au, Puna, Hawaii, TMK: 1-6-003: 010 This is to follow up on our meeting of September 1 regarding the subject application. Pleased be informed that the applicant has informed me that it wishes to amend its request by eliminating the 1 -lot density increase. The request would thus be for only the time extension. We would appreciate your taking that into consideration as you review the request and make the appropriate notation in any subsequent letters or reports. Should you have questions on this matter, please feel free to direct them to me. Thank you very much. SIDNEY M. FUKE Planning Consultant Copy — Mr. Robert Yoneoka, Renaissance Development, LLC via email SCANNED 7111 3 AlI LNDMENT TO CONDITION B, ORDINANCE NO. 95 98 RENAISSANCE DEVELOPMENT, LLC KEA'AU, PUNA, HAWAII, TMK: 1 -6 -003: 010 I. BACKGROUND The subject area, consisting of 44.341 acres of land, was rezoned into the Agricultural (A -1 a) district (Ord. No. 95 98) on August 23, 1995. A copy of this ordinance is found in the attached Exhibit A. The rezoning was intended to allow the development of a 35 -lot one -acre family - agricultural subdivision. A 3+ acre portion of the subject property was issued a Special Permit (SP 900) by the Planning Commission on April 26, 1995 for a visitor center complex with an emphasis on cacao processing and display area. This was the vision of the former owner /developer of the site, Mr. Sheldon Zane of Zane Development Group, Inc. In a letter, dated April 21, 2004, Mr. Zane informed the Planning Director that the property was transferred to Royal Keaau Holdings, LLC in May of 2003. On behalf of the new company, Mr. Zane requested the cancellation of the Special Permit and informed the Department of the new company's plans to develop the property into 37 and not 35 one -acre lots. (Exhibit B) The Planning Director, in a letter, dated June 25, 2004, subsequently revoked the Special Permit. (Exhibit C) Condition B of the rezoning ordinance (Exhibit A) required completion of the subdivision within five (5) years of the effective date of the ordinance or August 23, 2000. In a letter, dated September 23, 2002, the Planning Director granted an extension to August 23, 2005, to secure final subdivision approval. (Exhibit D) On June 23, 2004, the Planning Director granted tentative subdivision approval for a 37 -lot subdivision with conditions. (Exhibits E & F) One of the conditions required compliance with the rezoning ordinance, including matters like Fair Share contributions. On or about April 2008, Renaissance Development, LLC (hereinafter referred to as "applicant') acquired the subject property with the intention of completing the proposed 1 -acre lot subdivision. Inasmuch as the deadline for securing final subdivision approval has passed and the proposed number of lots has exceeded the maximum of 36 Tots as required by Condition B, the applicant is requesting its amendment. Relatedly, because of the current economic malaise and the vagaries of the real estate market, there is a chance that the entire subdivision may not be completed within the next five years. As such, the applicant is also requesting the possibility of an initial administrative extension.. II. PROJECT LOCATION The subject area, consisting of 44.31 acres, is located west or Ka'u -side of the Kea'au -Pahoa Highway (Mile Post 1), approximately one mile south or Puna -side of Kea'au Village. More specifically, it is situated adjacent to and south of the former Puna Sugar Company manager's residence. (Figure 1) III. GENERAL PERMITTING BACKGROUND AND REZONING CONDITIONS As noted earlier, the subject area was rezoned into the County Agricultural (A -1a) district on August 23, 1995. The approval was subject to a number of conditions. This section will initially cover the status of the various conditions of the rezoning ordinance (Exhibit A) and re -state the specific requests. A. The applicant, successors or assigns, shall be responsible for complying with all of the stated conditions of approval. As noted earlier, at the time of the rezoning, the property was owned by Zane Development Group, Inc. The ownership was subsequently transferred to Royal Keaau Holdings, LLC in May of 2003. In 2008, Renaissance Development, LLC, acquired title to the property and is the current owner of record. The new owner intends to assume the responsibility of complying with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. Final Subdivision Approval of the subdivision development shall be secured within five years from the effective date of this change of zone ordinance. As represented by the applicant, the proposed subdivision shall not exceed a maximum of 36 lots (includes the visitor center lot). This is the condition that the applicant is proposing to amend. The proposed visitor center component was abandoned by the previous owner, and the Special Permit for that project was nullified. (Exhibits B and C) A revised tentative subdivision approval for a proposed 37 -lot subdivision (Figure 2) was issued on June 23, 2004 by the Planning Director. (Exhibit F) -'J /m. Punao Sug Mil -aded i © Copyright 2003, Odyssey Publishing, ilc a`:ew. r 1 op a`. 1 > -� 't . �_ - - -- I 1 _ ., I 1.12 Mile / . I / .1 - - -- _ Cam e t r a - shed eaau rig Lots ae • Keaau Elem. School N./ ` SUBJECT SITE Girl Scouts MXXJE So•• transfer Station • Aac1Y Nfeair • 1. Keaau Community Center 2. Hale Aloha Puna Sr. Housing 3. Shipman Gym. 4. Keaau Middle School 1 i / // li I' /fir /. \.4 �.�. v* oz' r.- --------- - FIGURE 1 1 c. ya • 1110.2 ../•••••• 13-.01 • /3,3, • 303•33300 4.0t1 1.11166 AC14100 1 ..1.V. 03.3.11.° 10 470, 10 —.. 0.1000 33.04, 00 1•3.33•3 .13 t : • r.; la U,S, Acms, vs LeT St S.213, ACRAIP ho... 1.01. sS, Len% ACIr 4, ragl 44. • UK 4 Amu,. a vra• It" V3 0 40,31 1..31 1.07 2. • ISM ACOSS NG • WO ;Orr —• .33 0. Ali A.Aso 4.:11,41 A. • , 1.41. 50 t (.,0r 7.5j um. .22 t Lent Loa •1 ,4.4444. ACAS* 0164119. • $ 1,C•itig g • -I. Iv...44 .4.1/40; D=117 1/4444.."7.4:-/ 7;1744W4%, I Fa' 'it 11:111.rii • 413030 1.33 10 1 1•331-• .. 41 " .;.4°,4; ACC.154 Ma* LA. 01.0,30 eon,. MOTIF t 444r4DINA1-07S rtSPH:trtINS 1.0 -OLAA" TAX MAI. NWT 244t0 01-4/. (-5-0t!10 JC0 1030 /..a• •■•• ■•• .3003 10,0 F3.33.3 KEAAU PLANTATION ESTATES • • I-AND 9ITUATeD AT NDAAu, PUNA, ISLAND OP HAWAII, HAWAII. BRING A PORTION OP ROYAL • PATENT 7229, LAND OO/4MI8GI0N AWARD .811,9,o-A APANA IG .1,NILLIAM O. LUNALILO, ammo i.444.86 4.801 r $0-8. 5upOrvletortr CP LOT 10-8 • INTO • ••1 LOT5 I TO-Ht, trim-verve, • AND ROADWAY LoT9 A, 0 if:C 1,f 11 1. FIGURE 2 4-• "%Min • 01D4A11-4441.teNT amour INC. ,r4AuAme• rawatt; MX DODO 1041 1515140r 9r4Werr • -HONVUIJW,` 41,044An swots .• 144404444444* IMATA AND ASSOCIATUS, 144 /4.4.44.04-40.4 .074erwr • rms. 2.730 E.11:77) ) fr:POICH 5. 1.1005- 342 A 5 -year time extension was granted by the Planning Director on September 23, 2002 to 2005. (Exhibit D) However, any subsequent extension requires an amendment to the condition. Hence, this request is designed to address this time deadline and increase the 36- lot cap by one additional lot. C. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the project... . The applicant will comply with this requirement, and understands that the actual amount would be subject to the prevailing consumer price index. D. Restrictive covenants in the deeds of all the subdivided lots shall: 1) Require that all uses established on the lots be in conformance with the requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code (Zoning Code); 2) Prohibit the construction of an ohana dwelling or a second dwelling unit on each lot until the completion of the Keaau- Pahoa Bypass; 3) Disclose to all lot owners within the subject property that the 50- foot wide roadways which extend to the southeast and southwest boundaries of the subject property shall be dedicated to the County upon the Mayor's request; and 4) Provide that pursuant to Condition 8 of this ordinance, the applicant and all lot owners shall consent to the dedication of such roadway lots and agree to execute any documents and perform any acts necessary to accomplish said dedication. A copy of the covenants with the above requirements shall be submitted to the Planning Department... . The applicant will comply with these requirements. The applicant is also aware of and accepts that current policy — unlike condition D2 above -- prohibits the construction of a second dwelling. E. The applicant shall provide county - dedicable standard 50 -foot wide roadways extending to the southeast and southwest boundaries of the property meeting with the approval of the Department of Public Works and which shall be dedicated to the County upon the Mayor's request. This requirement has already been reflected in the proposed subdivision (Figure 2) and will be complied with. F. Should --any unidentified sites or remains such as artifacts, shell, bone; or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the immediate area shall cease, and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. This requirement will be adhered to by the applicant and its contractors. G. Prior to Final Subdivision Approval or issuance of a certificate of occupancy for commercial facilities permitted under any special permit, whoever occurs first, the applicant shall: 1) Install street lights and appropriate safety rails or features at the Keaau -Pahoa Road intersection near the subject property meeting with the approval of the Department of Transportation- Highways Division; 2) If deemed appropriate by the Department of Water Supply in consultation with the Department of Public Works, relocate the existing public water pipe stand shall to a location along and within the Keaau -Pahoa Road right -of -way. This requirement will be complied with. The applicant understands that there may be a need for some editorial adjustments to this condition, including the deletion of the reference to the Special Permit. H. Should the Council adopt a Unified Impact Fee Ordinance...conditions included herein shall be credit towards the requirements of the Unified Impact Fees Ordinance. At this point in time, this is not applicable, as such an ordinance has not been passed as of this date. However, should one be applicable to the project, the applicant will comply. I. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director... . Pursuant to this condition, the applicant is requesting a de facto time extension covering the period between August 23, 2005 to present and an additional 5 years from the effective date of this rezoning amendment to secure final subdivision approval. J. 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... . Because this condition could not be complied with within the allotted period, the applicant is requesting an extension. IV. Nature of Request Condition B of the rezoning ordinance required completion of the subdivision within five (5) years of the effective date of the ordinance or August 23, 2000. A five year extension to August 23, 2005 was then granted administratively by the Planning Director. Tentative subdivision approval was granted on June 23, 2004, the Planning Director granted for a 37 -lot (instead of the maximum of 36 conditioned by the rezoning ordinance) subdivision with conditions. Inasmuch as the deadline for securing final subdivision approval has passed and the proposed number of lots has exceeded the maximum of 36 lots as required by Condition B, the new owner /applicant — Renaissance Development, LLC - is requesting its amendment. Furthermore as noted earlier, because of the current economic conditions and the vagaries of the real estate market, the applicant may not be in a position to complete the entire subdivision within the next 5 years. As such, it is also requesting the possibility of an administrative time extension. Hence, the specific amendments would be: a. Condition B - a de facto time extension covering the period between August 23, 2005 to present and an additional 5 years from the effective date of this rezoning amendment to secure final subdivision approval; and deleting the reference to the maximum number of Tots or at least amending it from 36 to 37 lots. b. Condition I - an initial extension of time from the effective date of this amendment. If favorably considered, the possible language could read as follows: Condition B "Final Subdivision Approval of the subdivision development shall be secured within five years from the effective date of this amendment [change of zone ordinance]. [As represented by the applicant, the] The proposed subdivision shall not exceed a maximum of [36] 37 lots [includes the visitor center lot]. Condition I An initial extension of time from the effective date of this amendment for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances... . The applicant understands that in its review of this request, the Director may recommend non - substantive editorial amendments (such as deleting references to the no longer applicable Special Permit) as well as others to reflect prevailing policies, code, and the Puna Community Development Plan. IV. JUSTIFICATIONS OF REQUEST Condition I outlines three (3) criteria whereby a time extension may be initially granted by the Planning Director and, for subsequent extensions, by the County Council. These criteria and their justification for both extension requests follow. A. 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. Renaissance Development, LLC, acquired the subject property in 2008, after exhaustion of the August 2005 completion deadline. It had and continues to have all intention of fulfilling all conditions of the June 23, 2004 tentative approval and completing the subdivision. While the applicant cannot speak directly to the progress or lack thereof of the former owner, it can speak to its activities since 2008. Regrettably, because of the global economic meltdown and the financial crisis, securing the required financing to complete the project became a major problem. Much of the attention has thus been directed towards doing the appropriate financial pro forma, exploring sources of construction financing, and securing the appropriate land use entitlements, such as this time extension request. Understandably, this recession was clearly something that was not within the control of the applicant and certainly not one that the applicant and so many others anticipated. This financial crisis was something that neither the former owner nor the applicant anticipated. Although there are signs that the economy may be bottoming out, it does not appear to be in the near term. The applicant is, nevertheless, hopeful that the global fiscal crisis will improve soon and that market conditions will then turn north within the next five (5) years. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, the only significant land use regulatory change was adoption of the Puna Community Development Plan ( "CDP "). As such, this discussion also includes the project's relationship to the CDP. The proposed request is not contrary to the General Plan's Land Use Pattern Allocation Guide ( "LUPAG ") Map that defines the subject property and its immediately surrounding area Orchard and Low Density Urban Development. The most recent revisions to the General Plan (February 2005) did not make any changes affecting the subject site. The current designation on the LUPAG map is the same as when the subject property was initially zoned A -la. The Orchard designation refers to properties "which though rocky in character and content support productive macadamia nuts, papaya, citrus, and other similar agricultural products." The Low Density Urban Development designation would allow "Residential, with ancillary community and public uses, and neighborhood and convenience -type commercial uses" with an overall residential density of up to six units per acre. The proposed family - agricultural subdivision would be consistent with those designations. As such, no General Plan amendment would be required to effectuate this project. The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer -term opportunities would be created largely in the form of small -scale truck crops or nursery farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and /or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems — more than likely an individual septic system - would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the limited farming operations. Any noise - generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading and agricultural activities on the site. In conjunction with the initial application, an archaeological field inspection was performed. The report concluded that because of the previous agricultural activities, it was believed "that there is little potential for the location of intact prehistoric or early historic cultural resources. Therefore, no further archaeological work is recommended...." Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and /or County have been received. While there have been sightings of the Hawaiian owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the FA -la zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating one more lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project — with the protective conditions — will be used in a manner where it blends with the existing terrain. As the project site is more than 3 miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being Tess than 1 mile away. Finally, in terms of the Land Use and Agricultural elements, the soil of the site is classified "D" or poor by the Land Study Bureau. It is designated "Prime" and "Unclassified" on the State of Agricultural Lands of Importance to the State of Hawaii ( "ALISH ") map. As such, although there is no active agricultural use on the property, now, it has the potential. This request could thus encourage a little more intensive agricultural activities on the site. This lot size would be conducive to a domestic or family type of farm. It would also be generally compatible with the surrounding area. There are many 1 -3 -acre lots adjacent and makai of the subject site. There are A -la zoning immediately west of the subject property and RS -10 zoning about a quarter of mile to the north in Kea'au Village. The project's FA -la zoning would thus provide an orderly transition to the larger lots further south or Puna side of the subject property. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. Given the above, the project would fulfill the following pertinent goals, policies, and standards of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non- agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural -style residential - agricultural developments, such as new small -scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Orchard and Low Density Urban Development designations of the LUPAG map. Relative to the Puna Community Development Plan (CDP), Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Puna CDP was developed and adopted by the Hawai'i County Council on August 27, 2008. It became effective on September 10, 2008 as Ordinance No. 08 116. The CDP identifies various Town Centers. Relative to the subject property, it is located outside of the Kea'au Regional Town Center. A copy of the site relative to the Town Center is found in Figure 3. In addition to the map, the CDP established three (3) major themes: • Malama I Ka'Aina which "establishes how the contextual natural, historic and cultural features of Puna should be preserved." (emphasis added) • Growth Management which "addresses how the future pattern of human settlement and land use should be shaped to respect that context and support the desired quality of life for Puna's residents." (emphasis added) • Transportation which "focuses on sustainable approaches to transportation to support the goals of the two above themes." Relative to the Malama 1 Ka Aina theme, four (4) major elements were identified and assigned goals, objectives, and actions. These elements and their relationship to the proposed action follow: 1. Historic, Cultural, and Scenic Resources The subject site has been previously graded and cleared. As such, the presence of remaining surface archaeological or cultural features appears somewhat remote. This was confirmed by a survey done in conjunction with the original application. In the event subsurface remains are discovered, these will be addressed through appropriate protocols. Additionally, the subject site has not been designated on either the CDP or the General Plan as containing scenic or cultural resources. 2. Native Forests and Geological Features Given the location of the property and the geological condition of the site, the goals and objectives of this element would not be applicable to the proposed project. 3. Aquifers, Coastal Waters and Stormwaters The project site is not proximate to potable wells in this area. Nonetheless, wastewater will be disposed off in Department of Health- approved wastewater system, which, in this case, would be a septic system. It is also at least 3 miles for the shoreline and is not designated as a floodway on the Flood Insurance Rate map. All on -site storm water generated by the project would be retained on site through a system of drywells. These drywells will require the approval of the State Department of Health and through the NPDES permitting system, the objective of not only storm water containment but protection of groundwater will be fulfilled. Given the above, combined with the fact that the property is over three miles from the ocean, the goals and objectives of this element would not be compromised. 4. Shoreline Area As the site is not a shoreline or coastal property, this element is not applicable. The other theme is Managing Growth. For this, six (6) elements were identified. These elements and their relationship to the project follow. 1. Land Use Pattern The Implementation Section (Chapter 5) of the CDP, there is no mention or discussion of properties outside of the Village Center. As such, this project is being evaluated against the articulated goals and objectives of the Managing Growth theme. In that regard, the proposed project should complement the growth of the Village by providing alternative lot sizes in an area that is proximate to schools and other urban type of services. Yet, it is situated in an area that would not contribute to urban sprawl, as it is somewhat bounded by the Kea'au Agricultural Lots, which are also 1 -acre in size. 2. Agriculture and Economic Development As noted earlier, the site has not been intensively used for agriculture in the recent past. Given the somewhat fallow cacao trees, however, its potential does exist. Thus, the creation of 1- acre lots should not diminish the site's agricultural potential. It may actually enhance it. The site would be more manageable from a size standpoint (1+ acre versus 20+ acres). The applicant's proposal could thus help foster the agricultural objectives by making a good -sized residential - agricultural lot available to the applicant and others in an area that is proximate to urban services and designated for low density urban development. . 3. Social Services and Housing As this is a 1 -acre lot family - agricultural project which will allow a residence, it will directly fulfill the objectives of the housing element. Specifically, these include goals, among others, which • Attain a diversity of socio- economic housing mix throughout the different parts of the County • Maintain a housing supply which allows a variety of choice • Improve and maintain the quality and affordability of the existing housing stock Furthermore, should the time extension be approved, there will be a need to comply with Chapter 11 of the Hawai'i County Code relating to affordable housing. The applicant is aware of this and will comply. To that extent, the implementation of this project will not only foster small -scale agricultural activities but also aid the residential and affordable housing market. 4. Public Safety and Sanitation Services The subject site is located in an area where basic infrastructure is available. Public cost to extend these needed infrastructures would thus be minimal, if at all. 5. Parks and Recreation There are existing park facilities in the village of Kea'au Tess than 1 -mile away. Additionally, the project will be subject to a fair share requirement which will address recreational impacts as well. Notwithstanding the above, the site is not listed for any future trails or park related uses. 6. Energy Sustainability The applicant intends to encourage the utilization of solar and photovoltaic system to help with some of the dwellings future power needs. Other means to reduce dependency on the conventional fuel source is being explored by the applicants. The third theme is Transportation. This theme consists of five (5) elements, and their relationship to the project follows. 1. Traffic Demand Management Notwithstanding the no longer applicable reference to the proposed cacao farm tied in with the visitor center, the general reasons for the Planning Commission's initial favorable recommendation, as outlined in its transmittal letter of May 10, 1995, to the County Council, should still applicable. (Exhibit G) The reasons, in summary, and their relationship to the present, included: • Consistency with the General Plan LUPAG map of Orchard and Low Density Urban Development. • Consistency with the General Plan goals, policies, and standards. Although the site is of poor agricultural resource category, be the crop cacao or some other use, there is that potential. "The requested A-la zoning would provide altemative lot sizes similar to those in the nearby Keaau Ag Lots Subdivision...." • Appropriate infrastructure such as water, wastewater, and access are available and, if not, can be made by the applicant with appropriate mitigation. • The project would also "contribute to a diverse socio- economic housing mix within the region. Thus, the request would also complement the following goals and policies articulated in the Housing Element of the General Plan. • The site does not have any resource issues, such as archaeological, drainage, botanical, or avifaunal. As noted earlier, an archaeological field inspection was done and concluded that there was no significant or remaining archaeological resources on the site. The site is also within Zone X of the FIRM map. It is thus maintained that the reasons used to support the existing rezoning also apply to the requested time extension. As such, the applicant respectfully requests your favorable consideration of these time extension requests. COUNTY OF HAWAII STATE OF HAWAII BILL NO. 93 (Draft 4) ORDINANCE NO. 95 98 AN ORDINANCE AMENDING SECTION 25 -103 (PUNA DISTRICT ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a) TO AGRICULTURAL (A -la) AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1 -6- 03:10. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -103, 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 Keaau, Puna, Hawaii, shall be Agricultural (A -la): Beginning at the east corner of this parcel of land and along the southerly side of Keaau -Pahoa Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA ", being 3,433.98 feet -North and 8,374.26 feet East, thence running by azimuths measured clockwise from true South: 1. 52° 18' 2,096.03 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo; 2. 142° 18' 1,050.10 feet along Lot A- 18- A -2 -B, Land Court Application 1053; 3. 232° 18' 1,478.70 feet along Lot A- 18- A -2 -B, Land Court Application 1053; 4. 320° 25' 345.00 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo (Lot 10 -A); EXHIBIT A 5. 298° 30' 6. 228° 00' 7. 232° 00' 8. 321° 54' 118.95 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo (Lot 10 -A); 154.17 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo (Lot 10 -A); 400.00 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo (Lot 10 -A); 610.13 feet along Keaau -Pahoa Road to the point of beginning and containing an area of 44.341 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successor or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the subdivision development shall be secured within five years from the effective date of this change of zone ordinance. As represented by the applicant, the proposed subdivision shall not exceed a maximum of 36 lots (includes the visitor center lot). C. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the project with respect to parks and recreation, fire, police, solid waste disposal facilities, and roads. The fair share contribution shall be initially based -2- 0 on the representations contained within the change of zone application and shall be increased or reduced proportionally if the lot counts are adjusted. The total fair share contribution or its proportionate amount based upon incremental subdivision shall be due and payable prior to final subdivision approval of each increment of the subject- property. The fair share contribution for each lot shall be based on a maximum density for each.lot as, determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities, or any combination thereof- acceptable to the director, in consultation with the :affected agencies shall have a maximum combined value of $253,370.60. The fair share contribution shall be as follows: 1. .$122,179.75 to the County to support park and recreational improvements and facilities; 2. $5,894.00 -to the County to support police services.. and .facilities; 3. $11,641.35 to the County to support fire ,services and facilities; 4. $5,596.70 to the County to support solid waste facilities; and 5. $108,558.80 to the State or County to support road and traffic improvements. The fair share contribution described above shall be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution in cash, the applicant may construct such facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads. The cost of constructing the improvements required in Condition G shall be credited against the sum specified in Condition C(5) for road and traffic improvements. For purposes of administering Condition C, the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director, upon consultation with the appropriate agencies. Any improvements constructed by the applicant to satisfy this condition shall be located within the region impacted by the proposed development. D. Restrictive covenants in the deeds of all the subdivided lots shall: 1. Require that all uses established on the lots be in conformance with the requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code (Zoning Code); 2. Prohibit the construction of an ohana dwelling or a second dwelling unit on each lot until the completion of the Keaau -Pahoa Bypass; and -4- l 3. Disclose to all lot owners within the subject property that the 50 -foot wide roadways which extend to the southeast and southwest boundaries of the subject property shall be dedicated to the County upon the mayor's request. • 4: Provide that pursuant to Condition E of this ordinance, the applicant and all lot owners shall consent to the dedication of such roadway lots and agree to execute any documents and perform any acts necessary to accomplish said dedication. A copy•of the covenants with the above requirements shall be submitted to the Planning Department for review and approval and a copy of the approved covenants shall be recited in an instrument executed by the applicants and the County prior to final subdivision approval for any portion of the subject property. The Planning Director shall promptly deliver such document to the Bureau of Conveyances for recordation. A copy of the recorded document shall'be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. The applicant shall provide county - dedicable standard 50 -foot wide roadways extending to the southeast and southwest boundaries of the property meeting with the approval of the Department of Public Works and which shall be dedicated to the County upon the mayor's request. F. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease, and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. G. Prior to Final Subdivision Approval or issuance of a certificate of occupancy for commercial facilities permitted under any special permit, whichever occurs first, the applicant shall: 1. Install street lights and appropriate safety rails or features at the Keaau -Pahoa Road intersection near the subject property meeting with the approval of the Department of Transportation- Highways Division; 2. If deemed appropriate by the Department of Water Supply in consultation with the Department of Public Works, relocate the existing public water pipe stand shall to a location along and within the Keaau-Pahoa Road right -of -way. 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance. -6- • b I. J. 0 An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of its fault or negligence; 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code; 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 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. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. 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. Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading:. Effective Date: '-.771.1, INTRODUCED BY: 1 COUNCIL. MEMBE June 20, 1995 August 2, 1995 August 16, 1995 August 23, 1995 y 6C r. ....:J_L CO IJ i' 3F 1- i, „cvAll 7 Gate _� __ __ f ll y 5 -8- , COUNTY ” F HAWAII 1 Introduced By: Date Introduced: First Reading: Published: Takashi Domingo June_ 20, 1995 August 2, 1995 N/A JFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii REMARKS: Referred back to Planning Committee - 06/20/95 Second Reading: To Mayor: Returned: Effective: Published REMARKS: August 16, 1995 August 17, 1995 August 23. 1999 August 23. 1995 August 31, 1995 DRAFT 4 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Bonk- Abramson X Childs X De Lima }� Domingo X Osorio X Rath X Ray X Smith X 6 2 1 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki }t • Bonk- Abramson X Childs De lima X Domingo X Osorio X Rath Ray . X Smith X 7 2 0 0 I DO HEREBY CERTIFY that thfor anI nTT r °fwas adopted by the County Council and published as indicated above. APPROVED as to FORM and LEGA COR • • RATION COUNSEL 'COUNTY OF HAWAII Date AUG 2 2 1995 Approved /Drs this day of ,199x' . YOR, CO OF HAWAII COUNTY CLERK Bill No.: Reference: Ord No.: 93 (Draft 4 ) C- 400 /PC -49; PC -61 9S 98 P 0 564II# -71 dry' o1 = -9 -1 =NLA1L 11 bits"71--1 n o� -L Vc=19a 9N1N NV- 7cal = Q /ol .Bald 1(VMb' 4 'b'tttnci 'rv&'D' N1 (Di - ,d) -iba1n.Lnr»talosd 01 (dot- -b') batn.L- )n ta19b' LVOal No11d�1 15SV-10 .ta1.L51a S1--LL .9'4101%M-4Q .l.Q co MQ I t oemNew 01-I.L al0 (ma0o 9NINOZ) 5. Z1M.Ldb'1 -1' 'fa. x"1011 J v' (dVW aNQ 10(a11SIC dNnd) 6.01-5E. wNICINal b' 3003 9NINOZ 3H1 01 1N3IN0N3IJV Jwna nwaal ,I ls�oea ismvwnN Q 0 DOL V t EI-01J I ,•I••Q . tzis =Met =b' Hy. NI.M srd (ns -b) -tbealii.,szii'i =taieb' o.L Qr..- d) -reajnL- r4 Ibl9d Oi cm.- ® ,Aetr-s N 9G-CGi.'a J so- DGO'Z -+ OaI.L6 o' a' 40 • •G3 toot- OL-9L-1. '1 �e1.zSL la 0 • oa b1-d / D1 -b 0.1"r. O O4; bl_t/ O L i Royal Keaau Holdings, LLC Keaau Plantation Estates Sheldon Sin Hee Zane, P.E., Esq. Managing Member Officer Suite 1520, Pauatii Towed,., Phone: (808) 524 -4595 1001 Bishop Street ' r. Fatsimi le• 08) 521 -6817 Honolulu, Hawaii 96813 -3429 shel@zahectevelopment.com April 21, 2004 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii Aupuni Center 1001 Pauahi Street, Suite 3 . Hilo, Hawaii 96720 Re: Subdivision No. 95 -119 TMK: 1 -6- 003:010; Keaau, Puna, Hawaii County of Hawaii Planning Itr of Apr. 7, 2004 Gentlemen: Interest and title to the subject property was transferred to Royal Keaau Holdings, LLC, in May of 2003. Royal Keaau is now the owner of record and is proceeding with the subdividing the property into 37 individual Tots. Due to circumstances beyond our control the situation has changed from 1995 when the property was re -zoned and a special permit issued for a Visitor Center. Because of the following changes, we now feel the formerly proposed visitor center is no longer a viable alternative. These changes include: (1) The creation of the Hilo - Pahoa By -Pass Road that no longer directs traffic past the property. The access road to the property is now past a barricade and the road is now a dead end. (2) Advice from the State Department of Agriculture that the cacao trees when planted had a black fungus mold that still persists rendering the cocoa orchard unviable. The construction and occupancy of the new Keaau Elementary School and Keaau High School next door, which increases the concern of traffic congestion, noise and safety. In view of the above, our druthers would be to request the cancellation of the Special Permit and the condition that the Visitor Center be completed before final subdivision approval is granted. If the above would be difficult in terms of time or policyr,_we would _them.propose- a--__ downsized visitor center on-Eot No.1 of approximately 1.860 acres at the entrance to the project. The downsized center would feature exhibits of locally EXHIBIT B (3) produced agriculture products and a refreshment service featuring drinks and snacks. We would be glad to personally meet with you or your staff in Hilo to discuss this further in resolve the pending issues. I can be best reached at n (808) 349- 1964. In the meantime, we respectfully request the Planning Department continue processing the review of the proposed 37 -lot subdivision which will allow us time to resolve the visitor center issue prior to either approval of the construction drawings or final subdivision approval which will continue to rest solely with the Planning Department. Yours very truly, Sheldon Zrane_.�- Managing Member Officer cc. Clyde K. Matsunaga, Imata and Associates, Inc. Christopher J. Yuen Director Roy R. Takemoto Deputy Director Iuixuff of rtraillaii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720- 3043 (808) 961-8288 • Fax (808) 961-8742 June 25, 2004 'Mr. Sheldon Zane Keaau Plantation Estates Suite 1520. Paualu Tower 1001 Bishop Street. Honolulu; HI 96813 -3429 Special Permit No. 900 Proposed Visitor Center Complex TMK: 1 -6 -3: portion of 10 As requested in your letter of April 21, 2004, pertaining to Subdivision No. 95 -119, Special Permit No 900 is hereby revoked. Should you have any questions; please feel free to contact Norman Hayashi of this office at 961 -8288. Sincerely, CHRISTOPHER J. Planning Director cc /ltr: Planning Commission Patricia O'Toole, Esq. P:wpwin60 \pc\letters\2004\zane sp900 6 -25 -04 Hawai`i County is an Equal Opportunity Employer and Provider EXHIBIT C v ' Frarry Kirn Mayor September 23, 2002 Gunk of pairrtii PLANNING DEPARTMENT 25 Anpiud StTeet, Room. 109 Hilo; 967:40-4252 (808) 961-8288 • Fax (808) 961-8742 • Mr: Sheldofr'SIL.Zatie •. Zane Development Group, Suite 1520, Pauahi Tower 1001 Bishop Street Honolulu HI 96813-3429 Dear Mr. Zane: Change of Zone Ordinance No. 95 98 (REZ 800) Special Permit No. 900 Applicant: Zane Development Group, Inc. Subject: Request for Administrative Time Extension to Conditions Tax Map Key: 1-6-003:010 This is to acknowledge receipt of your letters dated July 10 and September 11, 2002 requesting a five year administrative time extension pursuant to Condition B of Ordinancb No. 95 98 and a five year administrative time extension for Special Permit No. 900. Cluistopher 1. Yuen Director Roy R. Takemo-to Depuzy Director Condition B of Ordinance No 95 98, effective August 23, 1995, states the following: "Final Subdivision Approval of the subdivision development shall be secured within five years from the effective date of this change of zone ordinance..." Although efforts had been made to obtain the necessary funding, additional time is required to securing financing for the project. Therefore, since non-performance is the result of unforeseen conditions and the granting of a time extensions is not contrary to the General Plan, Zoning Code or original reasons for granting the rezoning, the Planning Director hereby grants a five (5) year administrative time extension, or until August 23, 2005, in which to secure Final Subdivision Approval. Please note, however, that since the request for an initial extension of time was not submitted in a timely fashion, this time extension to comply with Condition B of Ordinance 95 98 is calculated to August 23, 2005, five years from August 23, 2000. EXHIBIT D SEP 2 4 2002 Mr. Sheldon S.H. Zane Zane Development Group, Inc. Paget September 23, 2002 For your added information, C of Ordinance No. 95 98, which identifies the applicable fair share contributions for mitigating regional impacts from the development, includes `the following requirement: "The fair share contribution described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI)." We are now enforcing the percentage increase based on the HCPI. Since an administrative time extension does not alter the effective date of Ordinance No 95 98, that date remains August 23, 1995: In reference to Special Permit No. 900, Condition No. 4 states the following: "Construction of the project shall commence no later than tentative subdivision approval of the A -la lots. Certificate of occupancy for the visitor center shall be issued no later than final subdivision approval of the A-la lots." According to our records in Subdivision File 95 -119, the third revised preliminary plat map was received by our Department on March 14, 2002. To date, no tentative approval has been granted for this subdivision. Therefore, a time extension request is premature at this time. Your letter notes that plans for the Visitor Center has been downsized and a new Visitor Center Plan oriented to the farming of cocoa and a retail operation of farm products and souvenirs will be forwarded to us. Please keep us informed on any revisions to the original proposal. For your information, Final Plan Approval for the visitor center is required prior to construction. To assure adequate time for plan approval review and in accordance with Chapter 25 -244 (Zoning Code), plans shall be submitted a minimum of forty -five days prior to the date by which plan approval must be secured. Also, should you need an additional extension of time to comply with conditions of Ordinance 95 98, your request with reasons, 20 copies of that request and a $250.00 filing fee shall be submitted to this office for a public hearing with the Planning Commission. Mr. Sheldon S.H. Zane Zane Development Group, Inc. Page 3 September 23, 2002 If you have any questions or require further information, please feel free to contact Esther Imamura or Susan Gagorik of our office at 961 -8288 Sincer ETI:cps P: \WP WIN6O\ ET11PCtimext \ZaneRez800SPP900.doc xc w /ltr: County Council Planning Commission Harry Kim Mayor June 23, 2004 Clyde Matsunaga Imata & Associates, Inc. 171 Kapiolani Street Hilo, HI 96720 Clunk rrf PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 -3043 (808) 961-8288 • Fax (808) 961 -8742 Christopher J. Yuen Director Roy R. Takemoto Deputy Director Dear Mr. Matsunaga: SECOND REVISED TENTATIVE APPROVAL SUBDIVIDER: ZANE DEVELOPMENT GROUP, INC. "KEAAU PLANTATION ESTATES" Proposed Subdivision of Lot 10 -B Into Lots 1 -37, Inclusive, and Roadway Lots A, B, & C Being a Portion of Royal Patent 7223, Land Commission Award 8559 -B, Apana 16 Keaau, Puna, Island of Hawaii, Hawaii TMK: 1 -6- 003:010 (SUB 95 -119) Please be informed that Second Revised Tentative Approval of the third revised preliminary plat map dated March 8, 2002, is hereby granted with modifications and conditions. This action is taken in response to the subdivider's April 21, 2004 letter informing us that the accompanying cocoa visitor center, approved through the issuance of Special Permit No. 900, is no longer being pursued by the landowner. By a copy of this letter and as requested by the subdivider, we will be initiating the process to nullify Special Permit No, 900. The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: 1) Water System a) Provide a water system meeting with the approval of the Department of Water Supply. b) Submit water system construction plans for approval by affected agencies. c) Pay installation and facilities charges as required by the Department of Water Supply. Hawai `i County is an Equal Opportunity Provider and Employer EXHIBIT E Clyde Matsunaga Imata & Associates, Inc. Page 2 June 23, 2004 2) Drainage a) Identify all watercourses and drainage ways and encumber with drainage easements. 3) Access and Roadway Improvements a) Roadway design /layout including allowable street grades and minimum curve radii shall conform to the standards of the code. b) For Roadway Lot A, construct minimum 20 -ft. wide dedicable pavement with paved shoulders and swales within a 50 -ft. wide right -of -way meeting with the approval of the Department of Public Works. c) For the proposed Road /Utility and Roadway Lots B and C, construct minimum 16 -ft. wide nondedicable pavement within a minimum 20 -ft. wide right -of -way meeting with the approval of the Department of Public Works. d) Submit proposed street names conforming to the adopted street naming policy of the County of Hawaii. e) Submit construction plans and drainage report for review and comment. 1. Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. For planned drywells, satisfy Department of Health (DOH) drywell requirements, including issuance of an underground injection control (UIC) permit to the subdivider. 2. Install streetlights /signs /pavement markings as required by the Traffic Division, Department of Public Works. 4) Comply with all conditions of approved Change of Zone No. 95 98 (REZ 800), including Fair Share Contribution. 5) Property Tax Certification. Submit written proof that all taxes and assessments on the property are paid to date. 6) Surveyor's Certification. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 7) Final Plat Map. Submit ten (10) copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of second revised tentative approval, on or before June 23, 2005. If not, second revised tentative approval to the third revised preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for a good cause can a time extension be granted, provided it is submitted forty -five (45) days before the expiration of said period of one year. As part of final plat map submittal, the Planning Director requests an additional copy of the final plat map be submitted as a ".dwg" or ".dxf" diskette file prepared by CAD software. 8) Time Limit. Subdivider shall complete all requirements specified as conditions for second revised tentative approval of the third revised preliminary plat map within three (3) years of said second revised tentative approval, on or before June 23, 2007. An extension of not more than two (2) years may be granted by the director upon timely request of the subdivider. Clyde Matsunaga Imata & Associates, Inc. Page 3 June 23, 2004 Please be aware that if at any time during the fulfillment of the foregoing conditions, should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipated /accounted for in data /reports available to date, this could be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely,,,- CHRISTOPHER J. wEN Planning Director ETC /DSA:Inm P: IWP601SUBDIVIDocumentslSubc2004- 2195119ZaneKeaauPlantation2REVTA .doc Enc. - 3rd Rev. PPM (03- 08 -02) xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT Sheldon S.H. Zane, Keaau Plantation Estates Planning Commission Section w /April 21, 2004 letter E.REZ 800(Ord. 95 98); SPP 900; TMK File 1 -6 -3:10; SUB 4537 ., 5 Ytt .gta.trt 11 • F d� � ti �S n r ca: • w Q w w p Q. ..raa ....w.raa .. f. Fi 1:w =to .•fN -�.a. .caa i 11 h e8, 5 t' i t 7 `� y af . X 5 •f $ 41 1/ '\ • 3 k � 1-.4 fit X58 • t r .+tiawti Y ? •11 nbi .• n. a.Iledit , - J 7 . ^i 3 0 b n .c„ Y r i 1 ' ' . �a ;, "I a ,... d $ ,t• t o8 { 11 : - :.. +f .a.a — ri...1 ti.„:, 51/ 5!• ..i 4111.11 1. iiiii tir5 r.e.sr1. '• ....eat: u ••• u ti tiEl Stphen K. Yamashiro Mayor May 10, 1995 Count r of 742111=1i PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720 -4252 (808) 961 -8288 Fax (808) 961 -9615 Honorable Elroy T. L. Osorio, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Osorio and Members: Change of Zone Application 94 -24 Applicant: Zane Development Group, Inc. Request: A -20a to A -la Tax Map Key: 1 -6 -3:10 The Planning.Commission, after a duly held public hearing on April 26, 1995, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 44.341 acres of land from an Agricultural -20 acre (A -20a) to an Agricultural -1 acre (A -1a) zoned district located on the Keaau -Pahoa Highway (Mile Post 1) adjacent and to the south of the Banyan House Restaurant (former Puna Sugar Company manager's residence), Keaau, Puna, Hawaii. The applicant intends to .create 35 one -acre, residential - agricultural lots and to construct, "a visitor center featuring sample cocoa and chocolate production, a retail sales area, and a restaurant /party hall for use by the local community. The visitor center would also include a detached mini - museum housed in either a replica or original plantation house, displaying artifacts of furnishings and other memorabilia of agricultural, particularly sugar, plantation settlements." The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standard and courses of action. It is also a graphic depiction of EXHIBIT G Honorable Elroy T. L. Osorio, Chairman and Members of the County Council Page 2 the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The requested zone change conforms to the General Plan Land Use Allocation Guide (LUPAG) Map, which designates the area as Orchards and Low Density Urban Development. The Orchard designation applies to those lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products. In the past, the land was cultivated -in sugar cane. The planting of cacao trees in 1987 is consistent with the "Orchards" designation.. Moreover, the property borders the Low Density Urban Development core. The A -la zoning would provide a logical transition to the urban -type activities associated with Low Density uses. It should be noted that any use of the land must still comply with applicable state and county laws as they relate to agriculture. A condition of this approval requires recorded covenants notice this fact. Additionally, it is recommended that final subdivision approval of the A -la lots not be granted until a certificate of occupancy is issued for the visitor center. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implication of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed A -la zoning will conform to the following goals, policies and standards of the Land Use Element of the General Plan: 0 Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 0 Zoning requests shall be reviewed with respect to General Plan designation, district goals, State Land Use District, compatibility with adjacent zoned uses, availability of public service and utilities, access, and public need. 0 Rural -style residential - agricultural developments, such as new small -scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. Honorable Elroy T. L. Osorio, Chairman and Members of the County Council Page 3 0 The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance. with the physical and social environment. The potential for limited agricultural uses within the subject property currently exists as evidenced by the cacao orchard and former sugar cane cultivation. The property is composed of soils which are classified as "D" or poor according to the Land Study Bureau and carry Prime and unclassified categories according to ALISH.. The requested A -la zoning would provide alternative lot sizes similar to those in the nearby Keaau Ag Lots Subdivision having soils suitable for agricultural pursuits. The proposed 36 -lot subdivision (inclusive of the visitor center lot) would incorporate a visitor center complex to complement the new diversified cacao industry. This integrated development concept would allow for a subdivision which maintains its rural character, while offering an educational experience and visitor attraction to promote a new industry. Access to the project site is from the Keaau -Pahoa Road, a state highway, which has an 80 -foot right -of -way and a 24 -foot wide pavement. The State Department of Transportation requests channelization, signalization and street lighting at the driveway intersection with Keaau -Pahoa Road; construction of guardrails; and construction of an additional Hilo -bound lane between the Old Volcano Road and Highway 11. The Traffic Impact Analysis Report prepared for the project concluded, however, that, "The proposed project is . not expected to have a significant traffic impact on the surrounding roadway system. The small amount of traffic which would be generated by the proposed project would not have any measurable impact on traffic operations at the study intersections. Most of the adverse impacts on traffic operations will be due to the growth in regional traffic.". While access is via a state highway, any improvements required should mitigate the impacts generated by the proposed development and should not be used to significantly improve existing levels of poor service. Therefore, the degree to which this project affects the state highway and other roadway systems must be placed into its proper perspective. This approval recognizes that the requirement of adding a Hilo -bound lane to a section of road about a mile away is excessive and without nexus. Installing signals for a 35 -lot agricultural subdivision and a visitor center should only occur if and when traffic warrants Honorable Elroy T. L. Osorio, Chairman and Members of the County Council Page 4 trigger such an improvement. A condition of this approval will require street lights at the project's intersection with the subdivision roadway. If required by the State Department of Transportation- Highways Division, a guardrail or similar safety feature shall be constructed in a manner meeting with its approval. Because it was felt that traffic impacts would be greater with a successful visitor center than the agricultural subdivision, the Planning Commission has imposed a condition on the Special Permit for the - visitor center, which requires the applicant to pay its pro rata share cost of intersection improvements when and if required by the Department of Transportation. It should be pointed out that the Police Department agreed with the conclusions of the Traffic Impact Analysis Report. Water is available from a 12 -inch waterline on Keaau -Pahoa Road to the project site for agricultural uses and activities, including dwellings. Wastewater for the individual dwellings will be disposed of in accordance with the requirements of the State Department of Health. Based on the discussion above, approval of this request would also contribute to a diverse socio- economic housing mix within the region. Thus, the request would also complement the following goals and policies articulated in the Housing Element of the General Plan: 0 Attain safe, sanitary and livable housing for the residents of the County of Hawaii. 0 Attain a diversity of socio- economic housing mix throughout the different parts of the County. 0 Maintain a housing supply which allows a variety of choice. 0 Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. The site is located outside Keaau Village a growing bedroom community to the City of Hilo. The availability of employment and community services is only minutes away and would not be a burden to public facilities such as police, fire or medical emergency services. The Flood Insurance Rate Map (FIRM) depicts the property to be in Zone X -- outside the 500 -year flood plain. Through subdivision review, drainage improvements will be evaluated and, if necessary, be required by the Department Jx d Honorable Elroy T. L. Osorio, Chairman and Members of the County Council Page 5 of Public Works. All other essential utilities and services are or will be made available to support the proposed development. Because the land has been extensively altered from previous sugar cane cultivation, significant archaeological sites are not anticipated to be located within the subject property. Similarly, the property is not considered a habitat for rare or endangered species of plants or animals. Finally, there are no severe geological or topographical problems which would render the subject property unusable for the proposed use. The property is relatively level and its location within Zone 3 of the Lava Flow Hazard map would indicate that it is not in a particularly high area of potential hazard. Based on the foregoing, approval of the change of zone request would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25 -103, the Puna District Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Wilton K. Wong, Chairman Planning Commission CRK:syw LZaneD03.PC Enclosures xc: Honorable Stephen K. Yamashiro, Mayor Planning Director Mr. Sidney Fuke ✓ Zane Development Group, Inc. Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources DEPARTMENT OF PUBLIC WORKS CO COUNTY OF HAWAII HILO, HAWAII DATE: September 30, 2011 7/lestowisetast TO: BJ Leithead Todd, Planning Director FROM: ta"( Department of Public Works SUBJECT: CHANGE OF ZONE ORDINANCE NO. 95 98 (REZ 800) Applicant: Renaissance Development, LLC Request: Amendment to Condition B Tax Map Key: 1-6-03: 010 We have reviewed the subject request forwarded by your memo dated September 12, 2011 and have no comments or objections. Questions may be referred to Kelly Gomes at ext. 8327. SCANNED 1 I 970'28 Planning Dept. Exhibit c>2 County of Hawaii is an Equal Opportunity Provider and Employer TO: FROM: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 October 11, 2011 Ms. BJ Leithead -Todd, Director Planning Department Milton D. Pavao, Manager — Chief Engineer SUBJECT: CHANGE OF ZONE ORDINANCE NO. 95-98 (REZ 800) APPLICANT — RENAISSANCE DEVELOPMENT, LLC REQUEST: AMENDMENT TO CONDITION B TAX MAP KEY 1 -6- 003:010 Please be informed that the water commitment (WC) for Subdivision Application No. 1995 -0119 expired on September 30, 2006. The Department will allow back payments of the water commitment deposits (WCD). Therefore, to effect a water commitment for the proposed subdivision, the applicant must remit $32,400.00 at $150.00 per unit, per year from September 30, 2006 to September 30, 2011. The WCD should be remitted as soon as possible; otherwise, the water commitment for the proposed development may no longer be in effect and the total water commitment deposited will be forfeited. Water availability may be subject to change, depending on prevailing conditions. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961 -8070, extension 256. RQ:dfg copy — Renaissance Development, LLC Sidney Fuke, Planning Consultant Sincerely yours, ilton D. Pavao, P.E. Manager -Chief Engineer Planning Dept. Exhibit 3 ...Water, Our 9vfost Precious Resource ... Wai 7(dne .. . SCANNED William P. Kenoi Mayor PLANNike DEPARTMENT SEP 28 An 9: S7 September 26, 2011 County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawai`i 96720 -3998 (808) 935 -3311 • Fax (808) 961 -8865 TO : BJ LEIT AD TODD, LANNING DIRECTOR FROM : HEN Y . TAVA ASSISTANT POLICE CHIEF ARE i PERATI NS B REAU SUBJECT: CHANGE OF ZON •RDINANCE NO. 95 98 (REZ 800) APPLICANT: RENAISSANCE DEVELOPMENT, LLC REQUEST: AMENDMENT TO CONDITION B TAX MAP KEY: 1 -6- 003:010 Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and /or other public safety concerns. Thank you for allowing us the opportunity to comment. If there are any questions, please contact Captain Samuel Jelsma, Commander of the Puna District, at 965 -2716. SJ /Ili 110626 Planning Dept. Exhibit ' "Hawai`i County is an Equal Opportunity Provider and Employer" 074425 Wilzig ;jP Wert ryor,., T 3: 55 September 20, 2011 QCountp of a tuaf `i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501 • Hilo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 Darren J. Rosario Fire Chief TO BJ LEITHEAD TODD, PLANNING DIRECTOR FROM DARREN J. ROSARIO, FIRE CHIEF SUBJECT: CHANGE OF ZONE ORDINANCE NO. 95 98 (REZ 800) APPLICANTS: RENAISSANCE DEVELOPMENT, LLC REQUEST: AMENDMENT TO CONDITION B TAX MAP KEY: 1 -6- 003:010 We have no comments to offer at this time in reference to the above - mentioned request for an amendment to Condition B of Change of Zone Ordinance No. 95 98.. DARREN J. ROSARIO Fire Chief KT:lpc Planning Dept. Exhibit 5 SCANNED BY: 34;i 6 Hawai'i County is an Equal Opportunity Provider and Employer. OEP R1VENT William P. Kenol Mayor -1,1 sc? 27 PI William T. 'Mane' " Managing Director Dora Beck, P.E. Acting Director Hunter Bishop Deputy Director Cu M% of DEPARTMENT OF ENVIRONMENTAL MANAGEMENT MEMORANDUM Date : September 13, 2011 To . From: 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 Fax (808) 9614086 hupJ /co.hawaii.hi.us/directory /dir envmng.htm BJ LEITHEAD TODD, Planning Director CIS, -1' E., Acting Director Subject: Ch ge of Zone Ordinance No 95 98 (REZ 800) Applicant Renaissance Development, LLC Request: Amendment to Condition B TMK: 1- 6- 003:010 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other 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. County of Hawai` i is an Equal Opportunity Provider and Employer. 074406 Manning Dept. Exhibit William P. Kenos Mayor William T. Takaba Managing Director Dora Beck, P.E. Acting Director Hunter Bishop Deputy Director Gunk of fnui' DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaf i 96720 (808) 961 -8083 - Fax (808) 961 -8086 httpi /coliawaii hi us/directoty /dir envmng.htm MEMORANDUM Date : September 13, 2011 To : BJ LEITHEAD TODD, Planning Director From: DO DECK, P.E., Acting Director Subject: Subject: Change of Zone Ordinance No. 95 98 (REZ 800) Applicant Renaissance Development, LLC Request: Amendment to Condition B TMK: 1-6- 003:010 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: W STEWATER COMMENTS: (Contact Wastewater Division for details.) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai' i 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 Hawai'i 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: County of Hawaii is an Equal Opportunity Provider and Employer. NEIL ABERCROMBIE GOVERNOR 770 ('t71) f J. 6 . MEMORANDUM DATE: TO: FROM: SUBJECT: September 15, 2011 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 LORETTA J. FUDDY, A.C.S.W., M.P.H. Director of Health Bobby Jean Leithead Todd Planning Director, County of Hawaii Newton Inouye 'r`-V Acting District Environmental Health Program Chief Change of Zone Ordinance No. 95 98 (REZ 800) Applicant: Renaissance Development, LLC Request: Amendment to Condition B Tax Map Key: 1 -6 -003: 010 We recommend that you review all of the Standard Comments on our website: http:// hawaii.gov/health/environmental /env- planning/landuse/landuse.html. 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:REZ 800.my Planning Dept. Exhibit 7 074183 NEIL ABERCROMBIE GOVNNNOR OP KAMAN 't t '11 .. i F;1 7: 17 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU. HAWAII 96809 County of Hawaii Planning Department Attention: Phyllis Fujimoto 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Fujimoto: October 18, 2011 WILLIAM J. M4A.JR. CIIMNRMON IMAM OP LAND APO NA7NNALNISO1NRMi COM OSIMUN MA71R NPJUI11fC7 {MANAOp/RIT via email: pfujimoto @co.hawaii.hi.us SUBJECT: Change of Zone Ordinance No. 95 98 (REZ 800) - Renaissance Development, LLC - Request for Amendment to Condition B - Kea'au, Puna, Island of Hawaii; TMK: (3) 1- 6- 003:010 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 comments. At this time, enclosed are comments from (a) Engineering Division; and (b) Land Division - Hawaii District on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at 587 -0417. Thank you. Enclosures Sincerely, Russell Y. Tsuji Land Administrator Planning Dept. Exhibit 8 No. of Pages: if 074851 NBR ASSRCROM■IR GOVERNOR Of RAMAR TO: 7: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 October 5, 2011 MEMORANDUM DLNR Agencies: _Div. of Aquatic Resources Div. of Boating & Ocean Recreation Engineering Division Div. of Forestry & Wildlife Div. of State Parks X Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division — Hawaii District Historic Preservation WILUAM 1 AILA.AL ClIAMPERION *MWDOF LAND ANDNATIMALMIOUICIS COMMdIk1NaN WA1Mt MWOIOL7MM1AOm4pNf FROM: sell Y. Tsuji, Land Administrator' SUBJECT: Change of Zone Ordinance No. 95 98 (REZ 800) — Renaissance Development, LLC — Request for Amendment to Condition B LOCATION: Kea'au, Puna, Island of Hawaii; TMK: (3) 1-6-003:010 APPLICANT: County of Hawaii on behalf of Renaissance Development, LLC Transmitted for your review and comment on the above referenced document. We apologize for the short notice; however, we would appreciate your comments on this document by October 10f 2011. 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 Darlene Nakamura at 587 -0417. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( ✓) Comments are attached. Signed: Date: le tpi 11 cc: Central Files 074851 ry l � 1' DEPARTMENT OF LAND AND NATURAL RESOURCES' ENGINEERING DIVISION DL/DarleneNakamura REF.: ZoneCh angeA mendCond ition B Hawaii.534 COMMENTS '.x 2: 17 ( X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), Is located in Zone X. The Flood Insurance Program does not have any regulations for developments within Zone X. {) Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone . () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is . () 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.. () Mr. Frank DeMarco at (808) 961 -8042 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 Works. () The applicant should include water demands and infrastructure required to meet project needs. Plead note that projects within State lands requiring water service from the Honolulu Board of Water Supply system will be required to pay a resource development charge, in addition to Water Facilities Charges for transmission and daily storage. () 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: () Other: Should you have any questions, please call Ms. Suzie S. Agraan of the Planning Branch at 587 -0258. CARTY S. HANG, CHIEF ENGINEER Date: 1 i2/1 t7/ VI 074851 • F NWLASERCROMMI GOVERNOR OF 11AWAN TO: 2 '1 1' ' ' • C 1 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 October 5, 2011 MEMORANDUM DLNR Agencies: Div. of Aquatic Resources _Div. of Boating & Ocean Recreation Engineering Division Div. of Forestry & Wildlife Div. of State Parks X Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division - Hawaii District Historic Preservation WIUJAM t MLA. JR. ru*a.. o 1 10•19)1. IAN1ANNNATUML MINIURIM nWU IH iRMMt WOWS FROM: Tsuji, Land Administratoe°7 SUBJECT: Change of Zone Ordinance No. 95 98 (REZ 800) - Renaissance Development, LLC - Request for Amendment to Condition B LOCATION: Kea'au, Puna, Island of Hawaii; TMK: (3) 1-6-003:010 APPLICANT: County of Hawaii on behalf of Renaissance Development, LLC Transmitted for your review and comment on the above referenced document. We apologize for the short notice; however, we would appreciate your comments on this document by October 10, 2011. 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 Darlene Nakamura at 587 -0417. Thank you- Attachments cc: Central Files ( ) We have no objections. (../j We have no comments. ( ) Comments are _ : ched. Signed: Date: 074851 SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 E -mail: sidfuke @hawaiiantel.net T October 26, 2011' Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Amendment to Condition B - Rezoning Ordinance No. 95 98 APPLICANT - Renaissance Development, LLC Kea'au, Puna, Hawaii, TMK: 1 -6 -003: 010 • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports Thank you for providing me with agency comments to date regarding the subject matter. In response to those comments, we note that the County Department of Environmental Management — Solid Waste and Wastewater Divisions, State Department of Health and State Department of Land and Natural Resources - Land Division had no comments or objections to the request. The Land Division did, however, confirm that the subject site was located in Zone X on the Flood Insurance Rate Map. The County Police Department also had no objections to project, noting that it did not anticipate "any significant impact to traffic and/or other public safety concerns." Relative to the Department of Water Supply's comments, the applicant intends to fully remit the water commitment fee pending outcome of its time extension request. We trust that the foregoing adequately addressed the comments to date. If nor or should there be further questions or comments on this matter, please feel free to direct them to me. Thank you very much. Sincerely, ‘\''\)1)cW1\i\i SIDNEY M. FUKE Planning Consultant Copy — Mr. Robert Yoneoka, Renaissance Development, LLC via email Planning Dept. Exhibit q SCANNED OCT 27 ? f n BY:07495 _ Comm. 524/Bill 166 RRenaissance9598. doc- 11/23/11 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION RENAISSANCE DEVELOPMENT, LLC AMENDMENT TO ORDINANCE NO. 95 98 Upon careful review of the request, the Planning Director proposes that a favorable recommendation for the request to amend Conditions B and I of Ordinance No. 95 98 be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests amendments to Conditions 13 and I of Ordinance No. 95 98, which reclassified approximately 44.341 acres from th0 Agricultural (A -20a) district to the Agricultural (A -1 a) district to allow the development of a 35-lot one -acre subdivision. Condition B of Ordinance No. 95 98 approved on August 23, 1995 required the completion of the subdivision within five (5) years from the effective date of the ordinance, or until August 23, 2000. Subsequently, the Planning Director granted a five - year administrative extension of time to August 23, 2005 to comply with Condition B. Tentative Subdivision Approval for 37 lots was granted on June 23, 2004. In April of 2008, the current landowner (applicant) acquired the property with the intent to complete the subdivision, which would be revised to 35 lots to conform to Condition B. However, due mainly to economic conditions and the depressed real estate market, the deadline for securing Final Subdivision Approval has passed, and the applicant requests the amendment to Condition B "covering the period between August 23, 2005 to present, and an additional 5 years from the effective date of this rezoning amendment to secure final subdivision approval." Further, the applicant requests an amendment to Condition I to reflect an initial extension of time from the effective date of the current amendment. The material proposed to be deleted is bracketed/struck through, material to be added is underscored. • Condition B: "Final Subdivision Approval of the subdivision development shall be secured within five years from the effective date of this [change of zone ordinance] amendment. As represented by the applicant, the proposed subdivision shall not exceed a maximum of [36] 35 lots [(includes the visitor center lot)]." • Condition I: "An initial extension of time from the effective date of this amendment 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 its fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year)." The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and are not the result of their fault or negligence. The applicant states that the proposed development was not completed due to changes in ownership of the property, in addition to a change in project concept. The current landowner acquired the property with the intention of completion the proposed 1 -acre lot subdivision; however, the deadline for securing Final Subdivision Approval has passed. The applicant states that "because of -2- the current economic malaise and the vagaries of the real estate market, there is a chance that the entire subdivision may not be completed in the next five years." Thus, the applicant requests the possibility of another initial time extension to complete the project. Granting of the time extension would not be contrary to the General Plan or Zoning Code. When Ordinance No. 95 98 was approved on August 23, 1995, the property was designated Orchards under the 1989 General Plan LUPAG map. The subject property was subsequently redesignated as Important Agricultural Lands (IAL) under the 2005 General Plan amendment. IAL lands are those "with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Under the 2005 General Plan amendment, lands classified as Prime or Unique under the Agricultural Lands of Importance to the State of Hawai`i (ALISH) classification system became JAL. As such, as a portion of the property was designated Prime, the Orchards designation was amended to the current IAL designation. The property is zoned A -la, a designation which is no longer in existence since the Zoning Code update in 1997. As such, the applicant has requested an amendment from the A -la to the FA -la zoning. However, because the Zoning Code is silent regarding amendments to A -la zoned properties after 1997, the Zoning Code would have to be amended to effectuate such a change from A-la to FA-la. Thus, the current request is not the proper process to address this issue and therefore, we will not support the request. At the time the change of zone was approved in 1995, there was no community development plan for the area. Subsequent to the approval of the rezoning, on September 10, 2008, the Puna Community Development Plan (PCDP) was adopted by Ordinance No. 08 116. Although the PCDP supports the reduction of buildable lots in Puna, this request is for an extension of time to complete a project under a change of zone approved in 1995. Thus, the project does not seek to increase the number of lots for greater density, nor does it seek to expand the land area or project concept. The majority of the proposed 35 -lot subdivision will still be comprised of lots approximately one -acre in size. In addition, although the PCDP suggests the preservation of agricultural lands with the -3- retention of quality agricultural lands dedicated to agricultural use in perpetuity to increase opportunities for diversified agriculture, it would be more prudent to review new change of zones under such goals or objectives. In this situation, the applicant merely seeks an extension of time to complete a project previously approved for development. Various changes in land ownership have not facilitated the timely completion of this project, and the unstable economy has battered the real estate market which, in a long run, has had a negative impact on this development. The financial markets have also been negatively impacted, and lenders are more cautious and financing more difficult to obtain. Thus, the inability to complete the project in a timely matter is by no means the fault of the applicant, as unpredictable forces cannot be foreseen. The applicant has stated that all existing conditions will be satisfied, and hopes to see the project to fruition if granted an extension of time. Agencies consulted had no major concerns on the request. The Department of Water Supply has stated that the water commitment for this project (Subdivision No. 95- 119) expired on September 30, 2006 and recommends the remittance of additional funds to effect a water commitment for the proposed subdivision. Based on the above findings, the proposed amendment to Ordinance No. 95 98 is not contrary to the original reasons for approval of the change of zone. The Planning Director proposes that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and recommends that a favorable recommendation be forwarded to the County Council with the following changes (material to be deleted is bracketed and struck through; material to be added is underscored): [A. The applicant, successor or assigns shall be responsible for complying with all of within five years from the effective date of this change of zone ordinance. As ,• proposed subdivision shall not exceed a maximum of 36 lots (includes the visitor center lot). -4- ° ~ = ° ~ ° = ~ 44 ° ~ ° ~ ° • ° ° = = ~ ° ° ° ° ° ° ~ = ° • ° ° ~ AP • • ° ° ° ° ~ • ° 46 ° ~ ° ° • • • ° 44 ° • 44 ~ • ° ° ° ~ • • ° 4. ° ~ • ° ° • 44 ° ° • ° ° 44 • ° ° • ° • ° ° ~ ° ~ ~ -^ ° ° ° ° 111 ° 44 ° ° ~ ° • 44 ° ° . . - appropriate agencies. Any improvements constructed by the applicant to satisfy development, D. Restrictive covenants in the dee - ... 1. Require that all uses established on the lots be in conformance with the requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code (Zoning Code); 2. Prohibit the construction of an ohana dwelling or a second dwelling unit on each lot until the completion of the Kea.`au Pahoa Bypass; and 3. Disclose to all lot owncrs within the subject property that thc 50 foot wide • • . subject property shall be dedicated to the County upon the mayor's request. '1. Provide that pursuant to Condition E of this ordinance, the applicant and agree to execute any documents and perform any acts necessary to accomplish said dedication. covenants shall be recited in an instrument executed by thc applicants and the The Planning Director shall promptly deliver such document to the Bureau of Conveyances for recordation. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. .• the County upon the mayor's request. -6- ° ° • ° ° ° 44 ~ • ° ° • ~ ° • • ° ° ° ° ° ° ° 44 ° ~ ° ° ° /11 44 ° • ° • ° ° ~ • " ° = • ° ° ° ° ° ° = ° ° ° ° ~ • ° ° 40 ° = ° ~ ° ° ° ° ° ~ ~ ° ° ° ° ° ° • ° 40 ~ reasons for the granting of the change of zone; and /1. The time extension granted shall be for a period not to exceed the period appropriate designation. This recommendation docs not, however, sanction the given specific code and regulatory requirements of the affected agencies.] • A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The required water commitmentpayment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty (180) days from the effective date of this amended ordinance. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this amended ordinance. As represented by the applicant, the subject property shall be subdivided to create no more than 35 lots. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance shall prohibit further subdivision of the subdivided lots. This restriction may be removed by amendment of this ordinance by the County Council. E. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. All new driveway connections shall conform to Chapter 22, County Streets, of the Hawai`i County Code. G. The applicant shall provide County - dedicable standard 50 -foot wide roadways -9- extending to the southeast and southwest boundaries of the property, meeting with the approval of the Department of Public Works. The applicant shall disclose to all lot owners within the subject property that the 50 -foot wide roadways shall be dedicated to the County. Further, all lot owners shall consent to the dedication of such roadway lots and execute any documents necessary to accomplish said dedication. A copy of the covenants shall be submitted to the Planning Department for review and approval and a copy of the approved covenants shall be recited in an instrument executed by the applicants and the County prior to Final Subdivision Approval for any portion of the property. A copy of the recorded document with the Bureau of Conveyances shall be filed with the Planning Department. H. The method of sewage disposal shall meet with the requirements of the State Department of Health. All development - generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. J. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. K. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR -SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR -SHPD when it finds that sufficient mitigation measures have been taken. L. The applicant, successors or assigns shall make their fair share contribution to mitigate the potential regional impacts of the proposed subdivision with respect to parks and recreation, fire, police, solid waste disposal facilities and roads for the one -10- additional lot to be created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for the lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $12,316.47 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: • $5,939.22 per single family residential unit to the County to support park and recreational improvements and facilities; • $286.51 per single family residential unit to the County to support police facilities; • $565.89 per single family residential unit to the County to support fire facilities; • $247.75 per single family residential unit to the County to support solid waste facilities; and • $5,277.10 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants, successors or assigns may contribute land and/or construct improvements /facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed subdivision, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. O. The applicants, successors or assigns shall comply with all applicable County., State and Federal laws, rules, regulations and requirements. P. An extension of time for the performance of conditions within the amended ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. -12- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (Planning Dept . ) AN ORDINANCE AMENDING ORDINANCE NO. 95 98 WHICH AMENDED SECTION 25 -8 -22 (formerly referred to as Section 25 -103) (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 20 ACRES (A -20a) TO AGRICULTURAL —1 ACRE (A -1 a) AT KEA'AU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1 -6- 003:010. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 95 98 is amended as follows: "SECTION 1. Section [25 103] 25 -8 -22, Article [3] 8, Chapter 25 (Zoning Code) of the [Hawaii] Hawai`i 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 [ Keaau] Kea'au, Puna, [Hawaii] Hawai`i, shall be Agricultural —1 acre (A -1a): Beginning at the east corner of this parcel of land and along the southerly side of [Keaau- Pahoa] Kea'au — Pahoa Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA ", being 3,433.98 feet North and 8,374.26 feet East, thence running by azimuths measured clockwise from true South: 1. 52° 18' 2. 142° 18' 3. 232° 18' 2,096.03 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo; 1,050.10 feet along Lot A- 18- A -2 -B, Land Court Application 1053; 1,478.70 feet along Lot A- 18- A -2 -B, Land Court Application 1053; 4. 320° 25' 5. 298° 30' 6. 228° 00' 7. 232° 00' 8. 321° 54' 345.00 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo (Lot 10 -A); 118.95 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo (Lot 10 -A); 154.17 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo (Lot 10 -A); 400.00 feet along the remainder of R.P. 7223, L.C. Aw. 8559 -B, Ap. 16 to William C. Lunalilo (Lot 10 -A); 610.13 feet along [Keaau- Pahoa] Kea'au — Pahoa Road to the point of beginning and containing an area of 44.341 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. [ In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -2- 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 1st Reading: Date of 2nd Reading: Effective Date: ((- 7 FOR REFERENCE bNI A-"2-Oo S'2.• id' Q AGRICULTURAL- (A- "MOa) To ASP? tCUtxTU Matt- (A -1 a,) AREA 44. 41 ActQWs AMENDMENT TO THEZONING CODE AMENDING SECTION "25-103 (PUNA DISTRICT ZONE MAP) ARTICLE 3, CHAPTER 2 (ZONING CODE) OF THE HAYYAII COUNTY CODM BY CHANCING THE 015TRICT CLAs51p,CATtoN prwr.i AGIRICUL.TURAL (A -ZOa) TO AGM /CULTURAL. CA-1a) AT 10EAAU, pU■ft, JiAY11A11. PRErAR D !3Y pt-ANNtrics PARTM ENT CouN-r-r OF HAWAtt TM t': 1 -6 -08.70 A. OR •0 G' RENAISSANCE DEVELOPMENT, LLC AMENDMENT TO ORDINANCE N0.95 98 • i O (d V 0 J Location Map O 4-) 0 s a. • 36'32 09" N 155' 02'06.85' W le • Puna Community Development Plan Figure 5 -1: Kea'au Regional Town Center •• . • • • • • -• • •• • ••• • • • '• • • • • • • • • • • • • • • • • f, ••• • *• • • ''• •• •• •• •• •• •• Iip • ••«tom\ IP NW • • +• "'�'. a w_Y ♦' to •� • ••••4, • • • (-v1011,11( c':: • , t!` • • • • • .••••F 0000 000 • • • • • • • • ••••••••.•••.••••• a.antu.tt�I ; .,••, V — —1„ Keaau Regional • ToKn Center Boundary C'o'mmunity Farilitici SI 1 I t 'rnntt l itictlnit Inning MINi'nnlnti•ri•i ;tl Jane Residential tune It,du:.lisal /.wt: I __1 .11.'61.11lhlntl Ton t)pc n Zone The applicant is requesting: • An amendment to Condition B and Condition I of Change of Zone Ordinance No. 95 -98 (REZ 800), which reclassified 44.341 acres from the A -20a district to the A- I a district, to allow the development of a 35 -lot subdivision with parcels one -acre in size. The new Condition B will state: Final Subdivision Approval shall be secured within five (5) years from the effective date of this amended ordinance. As represented by the applicant, the subject property shall be subdivided to create no more than 35 lots. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance shall prohibit further subdivision of the subdivided lots. This restriction may be removed by amendment of this ordinance by the County Council. The new Condition t will state: An extension of time for the performance of conditions within the amended ordinance may be granted by the Planning Director upon the following y P g circumstances: I. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and are not the result of their fault or negligence. • 2. Granting of the time extension would not be contrary to the General Plan or Zonin g Code. 3. Granting of the time extension would not be contrary to the original reasons for the g rantin of the g change of zone. 4. The time extension granted shall be for a period not to exceed the period originally ranted p granted for performance (i.e., a condition to be performed within one year may be extended year). for up to one additional . y ® 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for pP Y appropriate action. Planning Director's Recommendation Favorable Recommendation with Revised Conditions