HomeMy WebLinkAboutCOM 0856.000 2010-2012 4OJ�SV os ,/7,;* William T.Takaba
William P.Kenoi
�: AMayor • .� �
�� ;•; Managing Director
:`� Wally Lau
E cs Mtl! Deputy Managing Director
County of Hawaii
25 Aupuni Street • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)326-5663
a
September 5, 2012
Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Members:
Change of Zone(REZ 983)
Applicant: Ellen Koizumi
Request: Time Extension to Condition D (Final Subdivision
Approval) of Ordinance No. 02 64
Tax Map Key: 7-3-005:030
As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincerely,
ti I�
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
Z; 1\ 3ocl
Comm. No. ES-6
Ref. To: [,
Hawaii County is an Equal Opportunity Provider and Employer Ref, Date SE 1 2 2012
JNZV Oi M, BJ Leithead Todd
William P. Kenoi -o°••' '% Director
Mayor
�_•,e•: Margaret K. Masunaga
Deputy
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
September 5, 2012
MEMORANDUM
TO: The I onora�l William P. Kenoi, Mayor
FROM: 5BJ Lei ead Todd, Planning Director
SUBJECT: (Change of Zone(REZ 983)
Applicant: Ellen Koizumi
Request: Time Extension to Condition D (Final Subdivision
Approval) of Ordinance No. 02 64
Tax Map Key: 7-3-005:030
As required by Chapter 7, Sec. 6-7.5(a), Hawaii County Charter, submitted herewith for your
transmittal to the County Council for their consideration and action is the Leeward Planning
Commission's letter and enclosures regarding the above-captioned request.
Enclosed for your signature is the cover letter to the County Council. After your review, please
forward same to the County Council along with the Commission's letter and enclosures.
Should you have any questions, please feel free to contact me.
Enclosures
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www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer plaming*p.hawaii.hi.us
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County of Hawai`i
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
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3
The Honorable Dominic Yagong, Chairman
and Members of the County Council .
County of Hawaii
25 Aupuni Street
Hilo, HI 96720 '•
4
Dear Chairman Yagong and Council Members:
Change of Zone (REZ 983, Docket No. 01-000022)
Applicant: Ellen Koizumi
Request: Time Extension to Condition D (Final Subdivision
Approval) of Ordinance No. 02 64
Tax Map Key: 7-3-005:030
The Leeward Planning Commission, at its duly held public hearing on August 16, 2012,
recommended for your approval the proposed legislative bill for an amendment to Condition D
(secure Final Subdivision Approval) of Ordinance No. 02 64 which amended the district
classification from Agricultural — 5 acres (A-5a) to Single Family Residential—20,000 square
feet (RS-20) for approximately 3.129 acres of land. The property is located west (makai) of
Mamalahoa Highway, adjacent to and south of the Kona Coastview Subdivision at the end of
Leimomi Street, Kalaoa 4th, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant requests a five-year extension of time to comply with Condition D
(Final Subdivision Approval) of Ordinance No. 02 64, citing market conditions.
Hawaii County is an Equal Opportunity Provider and Employer
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 2
• May 10, 2002: date of approval of Ordinance No. 02 64. Condition D states,
"Final Subdivision Approval of the proposed subdivision shall be secured from
the Planning Director within five (5) years from the effective date of this
ordinance."
• March 19, 2004: date of tentative subdivision approval (SUB 2004-37).
• February 3, 2010: date of administrative time extension until May 10, 2012 to
comply with Condition D.
Ordinance No. 02 64 rezoned approximately 3.129 acres from an Agricultural
(A-5a) to a Single Family Residential (RS-20) district to allow the 5-lot subdivision of the
property. Although the applicant has secured tentative subdivision approval, Condition D
of the ordinance required that Final Subdivision Approval be secured within five (5) years
from the effective date of the ordinance. Tentative subdivision approval was secured on
March 19, 2004 and an administrative time extension was secured until May 10, 2012 to
comply with Condition D. The applicant could not comply with the condition by May 10,
2012, and seeks a five- year non-administrative extension of time.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and are
not the result of their fault or negligence. The applicant has made a good faith effort in
complying with conditions of Ordinance No. 02 64. However, Final Subdivision
Approval needs to be secured for the completion of the project. The Department of
Public Works and Department of Health had no concerns regarding the request. The
Department of Water Supply has stated that the current water commitment has expired
and a water commitment deposit must be remitted to extend the commitment to
January 31, 2013. The applicant will be required to comply with all of the stated
conditions of approval.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. The area was rezoned from A-5a to RS-20 in 2002. The General Plan
designates the area as Low Density Urban, reflecting the approved zoning. Therefore, the
request would not be contrary to the General Plan.
Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone. The original reasons for the approval of the
change of zone are still applicable and the request is not contrary to these reasons. The
project area is not classified under the Agricultural Lands of Importance in the State of
Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils
in the area are "D" or"Poor" and "E", or"Very Poor."
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 3
During the review of this request, it was discovered that Condition K in the existing ordinance
inadvertently combined the standard Fair Share condition with the Affordable Housing Policy
condition as a single item. Normally, the conditions are separate from each other. Therefore, the
current Condition K is proposed to be separated into two conditions, with updated figures for the
Fair Share portion. Based on the discussion above, the Planning Director proposes that a
favorable recommendation be forwarded to the County Council to amend Condition D. The
Planning Director also recommends that existing conditions in the ordinance be revised to reflect
the current standard language for conditions of approval.
For your favorable consideration, an amendment to Ordinance No. 02 64 is transmitted.
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
Powerpoint presentation for your information.
Sincerely,
Thomas Hickcox, Chairman Pro Tem
Leeward Planning Commission
Lkoizurnirez9831pc2
Enclosures
cc: Ms. Ellen Koizumi
Mr. Jeffrey Melrose
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD
Amy Self, Esq., Corporation Counsel
Planning Department - Kona
BKoizumiAmend.doc-7/13/12
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ELLEN KOIZUMI aka ELLEN GARVER
AMENDMENT TO CONDITION D (SUBDIVISION APPROVAL)
ORDINANCE NO. 02 64 (REZ 983)
ELLEN KOIZUMI aka ELLEN GARVER has submitted a request to amend
Condition D of Ordinance No.02 64 which amended the district classification from
Agricultural (A-5a)to Single Family Residential (RS-20) for approximately 3.129 acres of
land. The property is located west(makai) of Mamalahoa Highway, adjacent to and south of
the Kona Coastview Subdivision at the end of Leimomi Street, Kalaoa 4th,North Kona,
Hawai`i, TMK: 7-3-005: 030.
REQUEST
1. Proposed action: Amendment to Condition D (final subdivision approval) of
Ordinance No. 02 64 (REZ 983).
• May 10,2002: Effective date of Ordinance No. 02 64. Condition D states,
"Final Subdivision Approval of the proposed subdivision shall be secured from
the Planning Director within five (5)years from the effective date of this
ordinance."
• March 19, 2004: Tentative subdivision approval (SUB 2004-37).
• February 3, 2010: Administrative time extension approved until May 10, 2012
to comply with Condition D.
The applicant requests an additional five (5)years to complete the project, citing
market conditions. (P.D. Exhibit 1 -May 1, 2012 letter)
2. Project description: The project is a five-lot subdivision of a 3.147-acre parcel. Lots
are proposed to be no less than 20,000 square feet. Access to four of the five lots will
be from an unimproved road extension over Leimomi Street from Ahikawa Street.
The fifth lot will be accessed from the Mamalahoa Highway. The applicant states that
two of the five lots are currently improved with dwellings.
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Attachrnent to: Comm. 856
Bill 309
AGENCIES' COMMENTS
3. Department of Public Works: P.D. Exhibit 2 - May 23, 2012 memo
4. Department of Water Supply: P.D. Exhibit 3 - June 7,2012 memo
5. Department of Health: P.D. Exhibit 4 -May 24,2012 memo
PUBLIC COMMENTS
6. None as of this writing.
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crw
Island Planning
1405 Waianuenue Ave.
Hilo, HI 96720 21'4? ni -: 145
May 1,2012
Ms.Bobbie Jean Leithead Todd
County Planning Director
101 Pauahi Street,Suite 3
Hilo,HI 96720
LI
Subject: Request for an Amendment to Change of Zone Ordinance No 02-6'(Rez 983),Condition
D for a Time Extension to Secure Final Subdivision Approval;Applicant,Ellen Garver,
TMK 7-3-005:030,Kalaoa 4th,North Kona,Hawai`i
Aloha Ms.Leithead Todd.
On behalf of the Applicant,Ms.Ellen Garver we would like to request an amendment to the above zoning
approval to allow for more time to complete the final subdivision. The Applicant has received
preliminary subdivision approval(SUB 2004-0037), acquired water commitments, successfully acquired
a necessary State road remnant and completed negotiations with the Department of Public Works to meet
the conditions laid out in the subdivision approval. The current deadline to complete construction of
outstanding conditions is May10,2012. The Applicant is not able to meet this deadline and requests an
amendment to the original Change of Zone approval for an additional five years to allow for additional
time to complete the project and improve market conditions to enable the needed investment.
The project involves a five lot subdivision of a 3.147 acre parcel that runs parallel to Ahikawa Street in
Kalaoa 4t'. Lots will be no less than 20,000 square feet each. Access to four of the five lots will be from
a currently unimproved road extension over Leimomi St.from Ahikawa Street. The fifth lot will be
accessed from Mamalahoa Highway in a manner already approved by State DOT.
The Kona Community Development Plan(KCDP),which was adopted after the subject Change of Zone
was approved,requires a review of KCDP goals prior to the approval of extensions for existing land use
approvals. The related portions of the plan can be summarized as follow:
• The property is inside the designated Kona Urban Area as delineated in the Official Kona Land
Use Map(Figure 4-7).
• The property is not part of any designated Regional or Neighborhood scale Transit Orient
Development(TOD)designation as shown on the Official Kona Land Use Map.
• The Property is not associated with any of identified concurrency areas laid out in the
Concurrency Table 4-1.
• There are no significant cultural sites on the property as determined by the State Historic
Preservation Office in their"No Effect"letter submitted with the original Change of Zone
Request.
• There are no significant natural resources associated with the property that have not been
previously considered.
Transportation Objective 2.1 requires that new development prioritize connectivity to insure that new
growth enables transportation linkage between development areas. Specifically Policy TRAN-2-1 states
Panning Dept.
Exhibit /
rid
"Within the Kona Urban Area (UA) new development shall contribute to this interconnected
transportation network of streets,pedestrian, and bicycle access that work to disperse traffic and connect
and integrate new development with the existing fabric of the community.
The subject development has no cul de sacs and provides for the continuation of Leimomi St., an existing
lateral linkage from Ahikawa St., to the adjoin property to the south,(TMK 7-3-005:31)as required in
Standard 2.1-5. The Applicant has agreed to improve Leimomi St. leading to her property from Ahikawa
St.to a level that is acceptable to Public Works as required in Transportation Standard 2.1-2. Given the
settlement pattern on the adjoining lands to the south,this road extension is very unlikely to result in a
new thru connector road but the potential for that connection being made is accommodated in the
proposed subdivision plan.
Two of the proposed five lots created by the subdivision already have homes on them. The project will
result in three new house units and will make a small contribution to the overall housing stock in the
North Kona area.No additional housing conditions are triggered.
Please send any communications regarding this application to the Applicant,Ms.Ellen Garver at 73-4270
Mamalahoa Highway,Kailua Kona,HI 96740 with copies to this office address listed above. Please send
any fax communications to me at 888 269-2576.
A check in the amount of$250 is attached along with a current real property tax clearance certificate,and
two maps of the proposed subdivision. If you need additional information,please contact me at 989-8322
or jeff@isleplan.com
Sincerely
Jeff -y Melrose
d Planning
Cc: Ellen Garver
Chrystal Yamasaki,LPLS,Wes Thomas and Assoc.
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3(NORTH KONA ZONE MAP)ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL(A-5a) TO SINGLE FAMILY REDSIDENTIAL(RS-20)
AT KALAOA 4TH, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAI I
TMK:7-3-005:030 NOV. 30, 2001
EXHIBIT"A" (Garver-1054)
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COUNTY OF HAWS , } :;, STATE OF HAWAI I
` s BILL NO. 195
(Draft 2)
ORDINANCE NO. 02 64
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO
SINGLE FAMILY RESIDENTIAL (RS-20) AT KALAOA 4TH,NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-3-5:30.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kalaoa 4`h,North Kona,
Hawaii, shall be Single Family Residential (RS-20):
Beginning at the northwest corner of this parcel of land at the southerly boundary
of Grant 1606 to Kanehailua the coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA" being 6,066.14 feet south
and 9568.31 feet west and running by azimuths measured clockwise from true South:
1. 272° 03' 111.67 feet along stonewall, Grant 1606 to
Kanehailua, Kona Coast View Subdivision;
2. 279° 19' 319.45 feet along same;
3. 262° 37' 30" 387.60 feet along same;
4. 265° 00' 30" 81.43 feet along same;
5. 285° 45' 81.14 feet along same;
6. 271° 33' 58.37 feet along same;
7. 286° 15' 30" 38.18 feet along same;
8. 263° 06' 39.01 feet along same;
9. 344° 23' 30.39 feet along road remnant, Mamalahoa
Highway;
10. 311° 30' 44.00 feet along same;
11. 338° 52' 65.05 feet along same;
12. 89° 06' 30" 224.10 feet along stonewall, Lot 2;
13. 88° 09' 156.00 feet along same;
14. 92° 55' 252.80 feet along same;
15. 88° 22' 30" 101.06 feet along same;
16. 93° 36' 153.94 feet along Lot 5;
17. 93° 12' 282.00 feet along same;
18. 179° 58' 120.70 feet along same to the point of beginning
and containing an area of 136,289 square
feet or 3.13 acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. The County Council finds the following conditions are (1) necessary to
prevent circumstances which may be adverse to the public health, safety and welfare; and
(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. In
this case, these conditions are imposed because of concerns over the overall density of the
proposed subdivision and to mitigate potential impacts upon public facilities and infrastructure
servicing the affected area. Therefore, this change in district classification is conditioned upon
the following:
-2-
, u
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
C. Lots within the proposed subdivision shall not exceed the number of units of
water which are available and have been committed to the subject property by the
Department of Water Supply. Any further development shall occur only when
sufficient County water becomes available by construction of on- and off-site
water system improvements. All water system improvements shall meet with the
requirements of the Department of Water Supply prior to the issuance of Final
Subdivision Approval.
D. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five (5) years from the effective date of this ordinance.
E. Roadway and access to all lots within the proposed subdivision shall meet with
the approval of the Department of Public Works.
F. The extension of Leimomi Street and any other roadway within the proposed
subdivision shall be constructed to County dedicable standards and dedicated to
the County of Hawaii upon request by the Department of Public Works. The
applicant shall consult with.the Department of Public Works regarding additional
roadway connections to adjoining parcels, prior to the submittal of plans for
subdivision review.
G. A drainage study for the project site shall be conducted by the applicant and
approved by the Department of Public Works, prior to the submittal of plan for
subdivision review. Drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works in conjunction with
the issuance of Final Subdivision Approval.
H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval
prior to the issuance of Final Subdivision Approval. A copy of the approved
covenant(s) shall be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances for any portion of the
subject property. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
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
the DLNR-SHPD when it finds that sufficient mitigative measures have been
taken.
J. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to final
subdivision approval.
-.4-
03,
The applicant shall make its fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval for any-portion of the subject property or its increments. If the subject -
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number
of proposed residential lots in each such increment. 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 be determined by the
County Council. The fair share contribution shall have a maximum combined
value of$7,876.20 per single-family residential unit. Based upon the
applicant's representation of intent to develop up to four (4) residential units, the
indicated total of fair share contribution is $31,504.80 for single-family
residential units. However, the total amount shall be increased or reduced in
proportion with the actual number of units according to the calculation and
payment provisions set forth in this Condition K. The fair share contribution
shall be allocated as follows:
1. $3,798.04 per single-family residential unit for an indicated total of
$15,192.16 to the County to support park and recreational improvements
and facilities;
2. $183.22 per single-family residential unit for an indicated total of
$732.88 to the County to support police facilities;
3. $361.88 per single-family residential unit for an indicated total of
$1,447.52 to the County to support fire facilities;
-5-
4. $158.43 per single-family residential unit for an indicated total of
$633.72 to the County to support solid waste facilities; and
5. $3,374.63 per single-family residential unit for an indicated total of
$13,498.52 to the State or County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually
beginning three years.after.the effective date of the change of zone, based on.the .
percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the improvements required in Condition F shall be credited against
the sum specified in Condition K (5) for road and traffic improvements. For
purposes of administering Condition K, the fair market value of land contributed
or the cost of any improvements required or made in lieu of the fair share
contribution shall be subject to review and approval of the director, upon
consultation with the appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its information
that identifies the specific approved fair share and/or in lieu contributions, as
allocated, and further implementation requirements.
K. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies for approval of the proposed subdivision within
the subject property.
-6-
L. Should the Hawaii County Council adopt a Unified Impact Fees Ordinance
setting forth criteria for imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
M. An initial extension of time for the performance of conditions within the
.. . .. ordinance maybe granted by the Planning Director upon the following .
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
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 Director shall submit the applicant's request to the County
Council for appropriate action.
N. Should any of the conditions not be met or substantially complied with in a timely
-7-
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance. .. _
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
1
CO CIL MEMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction: April 17 , 2002
Date of 1st Reading: April 17 , 2002
Date of 2nd Reading: May 1, 2002
Effective Date: May 10 , 2002
MFE.RENC.i: COMM. 553 • 1
4
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.
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AGRICULTURAL(A 5a)TO
SINGLE FAMILY RESIDEN11AL(RS-20) ,.
W ;'.� E
AREA=3.129 ACS.
A.5a S
A-5a A� ASa
AHULANI ST. " ��
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111111.1� A-3s
AHIKAWA ST.
7C71-
a5a litia97%' ;41
A-5a as
RS-10 ak5a 6,213.60 S
8399.55W
asa 'IVIOANU AREA p
2[b
A,Se RS-IS •
RS-15
45e A 20
0 500 1000 1500 2000 Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3(NORTH KONA ZONE MAP)ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL(A.-5a) TO SINGLE FAMILY REDSIDENTIAL(RS-20)
AT KALAOA 4TH, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK:7-3-005:030 NOV. 30, 2001
EXHIBIT"A" (Garver-1054)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
(DRAFT 2.))
_ . “ROII,CALL:VOTE
Introduced By: Bobby Jean Leithead-Todd AYES NOES -ABS EX
Date Introduced: April 17, 2002 Arakaki X
First Reading: April 17, 2002 Chung X
Published: April 28, 2002 Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
—
Safarik X
Tyler X
Yagong X
7 1 1 0
Second Reading: May 1, 2002 ROLL CALL VOTE
To Mayor: May 3, 2002 AYES NOES ABS EX
Returned: May 10 , 2002 Arakaki X
Effective: May 10, 2002 Chung X
Published: May 24, 2002 Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
7 1 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
40/
APPROVED AS TO •
FORM AND LEGALITY:
'p ;NCIL CHAIRMAN
DEPUTY CORPOR "LION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date4 0, 1'z--
195, Draft 2
Bill No.:
Reference: C-553. 1/PC-72
/3/: '-o/3/: '-o &Disapproved this l day
Ord No.: 02 64
• o Mc. , 20 01' .
G
' MAYO I, NTY OF HAW
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII 21117 , ';' 23 : t
HILO, HAWAII
DATE: May 23, 2012
Memorandum
TO • B.J. Leithead-Todd, Planning Director
Planning Department
FROM Ben Ishii, Division Chief
de-i Engineering Division
SUBJECT : Change of Zone Application (REZ 983)
Applicant: Ellen Koizumi
Request: Time Extension to Condition D (Final Subdivision
Approval) Ordinance No. 02-64
Location: North Kona, Hawaii
TMK: 3/7-3-005:030
We reviewed the subject application and have no comments on or objections to the
request.
Should there be any questions concerning this matter, please feel free to contact Kiran
Envier of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA
Planning Dept. SCANNED
0 `7Sz1t
Exhibit 41
Hawaii County is an equal Opportunity Provider and Employer
of nrEW:y
GAS
L ;
=19 49R
. � ;q DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
yryoFHAwpOP' 3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961-8657
June 7, 2012
TO: Ms. BJ Leithead Todd,Director
Planning Department
FROM: Quirino Antonio, Jr., Manager—Chief Engineer
I •,
r)
SUBJECT: TIME EXTENSION REQUEST
CHANGE OF ZONE ORDINANCE NO. 02-64 (REZ 983) 2 ,
SUBDIVISION APPLICATION NO.2004-0037 -
t.,,a
APPLICANT—ELLEN M. GARVER r
rtr�
TAX MAP KEY 7-3-005:030 AND PORTION 091 co
We have reviewed the subject request and have the following comments.
Please be informed that the applicant has an existing water commitment for five (5) additional units of water for
the proposed subdivision,which expired on January 31,2012.
We have no objections to the time extension request, subject to the applicant understanding that a water
commitment deposit, in the amount of$750.00 for five(5)additional units of water, must be remitted to extend
the water commitment to January 31,2013. Payment of the water commitment deposit is due by the 31St of
January each year,and is the responsibility of the applicant. The Department assumes no responsibility in
notifying the applicant of the upcoming deadline. As construction did not start within a year of the
Department's approval,the construction plans must be re-submitted for review and re-approval.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961-8070,extension 256.
Sincerely yours,
(V)
Quir' • Antonio,Jr., P.E.
Man. •;r Chief Engineer
RQ:dfg
copy— Ellen M. Garver SCA >
Jeffrey Melrose, Island Planning
Chrystal Yamasaki, LPLS, Wes T h o m a s-a n d 1 s manning i es-- J71 i
,:� I
Exhibit a
OI'"II'111"I� t.
Water, Our rli'tost Precious Resource . . . 7Ccz TUai A Rcirre . . . Exhibit
The Department of Water Supply is an Equal Opportunity provider and employer.
(1)
NEIL ABERCROMBIE „ LORETTAJ. FUDDY,A.C.S.W.,M.P.H.
OF
GOVERNOR # { e!P sn qw• Director of Health
'25 !1=*• 8: 19 *®Rp epee••
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: May 24, 2012
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye .
District Environmental Health Program Chief
SUBJECT: Change of Zone (REZ 983)
Applicant: Ellen Koizurni
Request: Time Extension to Condition D (Final Subdivision Approval)
Of Ordinance No. 02 64
Tax Map Key: 7-3-005:030
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
WORD:REZ 983.my
SCANNED
Planning Dept.
RKoizumiAmendREZ.doc—7/13/12
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ELLEN KOIZUMI aka ELLEN GARVER
AMENDMENT TO CONDITION D (SUBDIVISION APPROVAL)
CHANGE OF ZONE ORDINANCE NO. 02 64 (REZ 983)
Upon review of the request to amend Condition D (Final Subdivision Approval) of
Change of Zone Ordinance No. 02 64,the Planning Director recommends that the Planning
Commission forward a favorable recommendation to the County Council, with
modifications to some of the existing conditions. Since this recommendation is being made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
position based upon additional information presented at the public hearing. The
recommendation for approval is based on the following findings:
The applicant requests a five-year extension of time to comply with Condition D
(Final Subdivision Approval) of Ordinance No. 02 64, citing market conditions.
• May 10, 2002: date of approval of Ordinance No. 02 64. Condition D states,
"Final Subdivision Approval of the proposed subdivision shall be secured from
the Planning Director within five (5) years from the effective date of this
ordinance."
• March 19, 2004: date of tentative subdivision approval (SUB 2004-37).
• February 3, 2010: date of administrative time extension until May 10, 2012 to
comply with Condition D.
Ordinance No. 02 64 rezoned approximately 3.129 acres from an Agricultural (A-
5a)to a Single Family Residential (RS-20) district to allow the 5-lot subdivision of the
property. Although the applicant has secured tentative subdivision approval, Condition D
of the ordinance required that Final Subdivision Approval be secured within five (5)
years from the effective date of the ordinance. Tentative subdivision approval was
secured on March 19, 2004 and an administrative time extension was secured until May
10, 2012 to comply with Condition D. The applicant could not comply with the
condition by May 10, 2012, and seeks a five- year non-administrative extension of time.
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 are
not the result of their fault or negligence. The applicant has made a good faith effort in
complying with conditions of Ordinance No. 02 64. However, Final Subdivision
Approval needs to be secured for the completion of the project. The Department of
Public Works and Department of Health had no concerns regarding the request. The
Department of Water Supply has stated that the current water commitment has expired
and a water commitment deposit must be remitted to extend the commitment to January
31, 2013. The applicant will be required to comply with all of the stated conditions of
approval.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. The area was rezoned from A-5a to RS-20 in 2002. The General Plan
designates the area as Low Density Urban, reflecting the approved zoning. Therefore, the
request would not be contrary to the General Plan.
Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone. The original reasons for the approval of the
change of zone are still applicable and the request is not contrary to these reasons. The
project area is not classified under the Agricultural Lands of Importance in the State of
Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils
in the area are "D" or"Poor" and"E", or"Very Poor."
During the review of this request, it was discovered that Condition K in the
existing ordinance inadvertently combined the standard Fair Share condition with the
Affordable Housing Policy condition as a single item. Normally,the conditions are
separate from each other. Therefore, the current Condition K is proposed to be separated
into two conditions, with updated figures for the Fair Share portion. Based on the
discussion above, the Planning Director proposes that a favorable recommendation be
forwarded to the County Council to amend Condition D. The Planning Director also
recommends that existing conditions in the ordinance be revised to reflect the current
standard language for conditions of approval. (Material to be deleted is bracketed and
struck-through; new material is underscored):
2
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval;
B. The required water commitment payment for the development shall be submitted
to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy"within [49] 180 days from the effective date of this amended
ordinance.
C. Lots within the proposed subdivision shall not exceed the number of units of
water which are available and have been committed to the subject property by the
Department of Water Supply. Any further development shall occur only when
sufficient County water becomes available by construction of on- and off-site
water system improvements. All water system improvements shall meet with the
requirements of the Department of Water Supply prior to the issuance of Final
Subdivision Approval.
D. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five (5) years from the effective date of this amended
ordinance.
E. Roadway and access to all lots within the proposed subdivision shall meet with
the approval of the Department of Public Works.
F. The extension of Leimomi Street and any other roadway within the proposed
subdivision shall be constructed to County dedicable standards and dedicated to
the County of Hawai`i upon request by the Department of Public Works. The
applicant shall consult with the Department of Public Works regarding additional
roadway connections to adjoining parcels,prior to the submittal of plans for
subdivision review.
G. A drainage study for the project site shall be conducted by the applicant and
approved by the Department of Public Works,prior to the submittal of plan for
subdivision review. Drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works in conjunction with
the issuance of Final Subdivision Approval.
H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the
construction of a second dwelling unit on each lot. A copy of the proposed
3
covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the approved covenant(s) shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances for any portion of the subject property. A copy of the
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Conveyances.
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
the DLNR-SHPD when it finds that sufficient mitigative measures have been
taken.
J. 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 County Housing Agency prior to final
subdivision approval.
property is subdivided in two or more increments, the amount of the fair share
shall be a sum calculated in the same manner according to the number of•• -•- - - • •• a . • . •- • . • .• hare contribution, in a
. •- . . •, • :, . - . • • 4-- : • ':- -- . , • . . . .
4
in consultation with the affected agencies, shall-be--determined e County
$7,876.20 per single family residential unit. Based upon the applicant's
• -. 1 4 : ! - - - - --
follows:
1. $3,798.04 per single family residential unit for an indicated total of
2. $1 83.22 per single family residential unit for an indicated total of$732.88
.: : . . •• - ., .• . -.
. . • •
4. $158A3 per single family residential unit for an indicated total of$633.72
5. $3,374.63 per single family residential unit for an indicated total of
. 1 '
improvements.
change in the Honolulu Consumer Price Index(HCPI). In lieu of paying the fair
- . .. • : --- - . . --
the sum specified in Condition K(5) for road and traffic improvements. For
5
• - ••- - - .•- . . - .. . - • .it share contribution
shall be subject to review and approval of the director, upon consultation with the
appropriate agencies.
K. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to roads,parks and recreation,
fire, police and solid waste disposal facilities. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval. The fair
share contribution shall be for the additional lot to be created. 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 maximum combined value of$12,772.64 per
single family residential unit. The total amount shall be determined by the actual
number of units according to the calculation and payment provisions set forth in
this condition. The fair share contribution per single family residential unit shall
be allocated as follows:
1. $6,159.19 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $297.12 per single family residential unit to the County to support police
facilities;
3. $586.85 per single family residential unit to the County to support fire
facilities;
4. $256.93 per single family residential unit to the County to support solid
waste facilities; and
5. $5,472.55 per single family residential unit to the County to support road
and traffic improvements.
6
In lieu of paying the fair share contribution,the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
[K.] L. [ - . .. ' . . ..' • . . .. ' . . - . _ , . , . .
requirements of a -- - . - - . ... . ..• .' . • • - -
the subject property.] Comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
[L] M. Should the Hawai`i County Council adopt a Unified Impact Fees Ordinance
setting forth criteria for imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
[M. An initial extension of time for the performance of conditions within the
.• . •. . . nted by the Planning Director upon the following
circumstances:
1. The non performance is the result of conditions that could not have been
foreseen or ar yond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
or Zoning Code.
reasons for the granting of the change of zone.
The time extension granted shall be for a period not to exceed the period
5. If the applicant should require an additional extension of time, the
. . - D' - . . . -• • . .. ' . -- . .
Council for appropriate ate]
7
N. If the applicant should require an additional extension of time,the Planning
Director shall submit the applicant's request to the Planning Commission and
County Council for appropriate action.
[N] 0. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
8
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