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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 M081612syhf www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer plaming*p.hawaii.hi.us oJ�trlus am; 'p.• — \\ ice . •••''.•7TE Gf•M►� 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 `S t P ij = "i? 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. -1- 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. -2- 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. N AGRICULTURAL(A-5a)TO SINGLE FAMILY RESIDENTIAL(RS-20) ‘14,W _; E AREA=3.129 Acs. A-5a S A-5a A Sa AHULANI ST. A-20a A-20a A-5a 'x A 5 A O O G — G A-20a f A-5a A•5i I A-5a a-sa 5, AHIKAWA ST. . �� C y A-3a A-5a A5 A•& cyQ _ h5a 2 -kb. p-3a —� a 2P r s°Y � err^III,,Tv'r�1r",'„ �y� ��ss * .0 A-20a �lhk Y'L .rtik 4'� &{Y � QI� SryY ; E i e� /-yYJ'A tt' fH` V S ka�._'F yU_y,.if S W Y 'bjy'ry".,,("'}+€, A-53 6,213.60 S RS-10 8 399.55 W A MOANUTAHEAA I A-'• RS-10 A-5a I — R RS-15 I— A-5a A20a 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 HAWAI I TMK:7-3-005:030 NOV. 30, 2001 EXHIBIT"A" (Garver-1054) rI _g_ g 9 111 16 N 1 it 111 'R }� i Eli II T a .�v�� �x :a t� gi 1 11111i o •7 , h 1 I'' I a I \la, 1 j(�� t i; I Aill ll�r� i l F . 71 i. t 1 :).-z i,1 5q dit ' 4 I 0 ►I Ng in Li .� Ix s ;111 j , �,0 • Sao %C Sax(j F R it R pp 1 � .4 r, ! p }, g ( W k � i o < ► a l N • 1 . I . V ' , •• ' .,N + Y I1 Y '1I @° HI< r x 1 X >> } ill I r il 11 ow _ .,. a Ia e 1 1 1 ' '� r oi il til 11 I Iii .1 • 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 -8- . 01 � N • AGRICULTURAL(A 5a)TO SINGLE FAMILY RESIDEN11AL(RS-20) ,. W ;'.� E AREA=3.129 ACS. A.5a S A-5a A� ASa AHULANI ST. " �� I 453 O Asa 0 a2oa a 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 ■ 6,440' ..4■P°14; ,41,444 '4XISWO .4y?' ittavinta .64 .1 ft:06A Row) 114 4"1;f3,iigiP; ,044, 74,44 Ay 4e. 4,1i/j202: muifty? t j f ilCD j I F , •,.. C B O N 1,1 I Y CI " f fist •�� I Wit'wa.� 1•■''�� I 6._ t'' ii�li:�0.1.4.__ii/itikW "'`''+'�� nt .ram:-, J (!! � 111ti/pi =r .0141),,,,l''' Lr -ill-i l tliliU . '4\lama' B. rile& # : C fib i1111iY t iH III4IIL-,-- -I. 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