HomeMy WebLinkAboutCOM 0103.000 2012-2014 *ZY.Oi M ; Walter K.M.Lau
.•`�" \,V d. Managing Director
William P.Kenoi ,•: � ��:•
Mayor _ Randall M.Kurohara
ef,T Deputy Managing Director
County of Hawai`i
Office of the Mayor
25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalolc Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740
(808)323-4444 • Fax(808)323-4440
January 11, 2013
J Yoshimoto, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Members: -
Change of Zone(REZ 854, Docket No. 96-000026)
Applicant: RS10 Kalaoa, LLC
Time Extension to Conditions D (Secure Final Subdivision Approval) and
J (Fair Share Contribution) of Ordinance No. 07-160
Tax Map Key: 7-3-28:082-102 (formerly 7-3-010:037)
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincerely,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
K•t\ 33
Comm. No.( 3
Ref. To: pc-
Ref. Date JAN 2 4 'LU13
County of Hawaii is an Equal Opportunity Provider and Employer.
4oJMt7
OF N,y''•
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• 7TE Oi•NA'1,County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
JAN 11 2013
J Yoshimoto, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Change of Zone(REZ 854, Docket No. 96-000026)
Applicant: RS 10 Kalaoa, LLC
Request: Time Extension to Conditions D (Secure Final Subdivision Approval) and
J (Fair Share Contribution) of Ordinance No. 07-160
Tax Map Key: 7-3-28:082-102 (formerly 7-3-010:037)
The Leeward Planning Commission, at its duly held public hearing on December 13, 2012,
recommended for your approval the proposed legislative bill for an amendment to Condition D
(time to secure Final Subdivision Approval) and Condition J (fair share requirements) of Change
of Zone Ordinance No. 07-160, which amended Change of Zone Ordinance No. 97-56, which
rezoned approximately 10.283 acres of land from an Agricultural— 5 acre(A-5a) to a Single
Family Residential — 10,000 square foot (RS-10) zoning district. The properties (portion of
Kukuinui Subdivision) are located at the intersection of Nana Street and Holoholo Street between
the Kona Coastview and Kona Palisades Subdivisions, at Kalaoa 4th,North Kona, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
Hawai`i County is an Equal Opportunity Provider and Employer
J Yoshimoto, Council Chair
and Members of the County Council
Page 2
On April 7, 1997, the Hawai`i County Council approved Change of Zone
Ordinance No. 97-56, which rezoned approximately 10.283 acres of land from an
Agricultural (A-5a) to a Single Family Residential (RS-10) district. The applicant
submitted a 5-year time extension to comply with Condition D, which was approved by
Change of Zone Ordinance No. 07-160. The applicant has submitted a request for an
additional 5-year time extension to comply with Condition D of Zone Ordinance No.
07-160 (REZ 854), which states:
"D. Final Subdivision Approval of the proposed residential subdivision within
the subject property shall be secured from the Planning Director within five(5) years
from the effective date of this ordinance."
The applicant also requested a 5-year time extension to comply with Condition J
(fair share requirements), but this condition does not have a time requirement and, as of
this date, the applicant is in compliance with the requirements of Condition J.
The applicant is in the process of subdividing and developing a total of thirty one
(31)residential lots. Increment 1 has been completed, which consists of twenty(20) lots.
The deadline to secure Final Subdivision Approval for Increment II under Change of
Zone Ordinance No. 07-160 was October 19, 2012. The reason for the time extension
request is based on the current serious economic slump. The applicant felt it was
unfeasible and not prudent to move forward with the project at this time considering
current construction costs.
The applicant is in compliance with a number of conditions required under
Change of Zone Ordinance No. 07-160. Increment I has been completed and the
applicant has secured 10 additional units of water to allow the subdivision of
Increment II. Additionally, the applicant has constructed the required Holoholo Street
extension to Nana Street and has dedicated the road to the County in compliance with
Condition F. Lastly,the applicant has agreed to offer for sale three(3) single-family
finished lots affordable to families earning up to 140% of the median family income for
the County of Hawaii to comply with Condition K (affordable housing requirements) of
Change of Zone Ordinance No. 07-160. The three(3) lots have not yet been designated.
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 that
are not the result or their fault or negligence. To date, the applicant has expended
considerable funds for the second increment of the project in preparing the roadway and
lot pads. The applicant has obtained the required water commitments from the
J Yoshimoto, Council Chair
and Members of the County Council
Page 3
Department of Water Supply for the second increment, which will allow them to
construct infrastructure improvements and receive Final Subdivision Approval. .
Approval of this request would not be contrary to the General Plan nor the
original reasons for the granting of the Change of Zone. Since the original approval
of the change of zone request, the General Plan has been amended. The General Plan
Land Use Pattern Allocation Guide(LUPAG) Map has been revised from Urban
Expansion to Low Density Urban in this area. Change of Zone Ordinance No. 97-56
rezoned approximately 10.283 acres of land from an Agricultural (A-5a) to a Single
Family Residential (RS-10) district. The original request to allow single family
residential uses continues to be consistent with the General Plan for this area.
Additionally, since the approval of the change of zone request, the Kona
Community Development Plan(KCDP) was adopted by Ordinance No. 08 131. The plan
identifies the property as located within Kona Urban Area(KUA). The request is based
on existing zoning and is consistent with the policies regarding existing zoning(Policy
LU-2.8 —Development outside Transit-Oriented Developments (TOD's)but within the
Kona Urban Area) in the Kona Community Development Plan. Lastly, the request is not
contrary to the original reasons for granting the change of zone.
For your favorable consideration, an amendment to Ordinance No. 07-160 is transmitted.
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
Powerpoint presentation for your information.
incerely,
1 .
. / /'
Geraldine Giffin, C .irman
Leeward Planning Commission
LrslOkalaoa021pc
Enclosures
cc: Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
William Brilhante, Esq., Corporation Counsel
Planning Department- Kona
BRS 10Kalaoa-REZ854.jwd-11-26-12
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
RS10 KALAOA LLC
CHANGE OF ZONE ORDINANCE NO. 07-160 (REZ 854)
AMENDMENT TO CONDITION D AND CONDITION J
RS10 KALAOA LLC has submitted a request to amend Condition D (time to secure Final
Subdivision Approval) and Condition J(fair share requirements) of Change of Zone Ordinance
No. 07-160,which amended Change of Zone Ordinance No. 97-56,which rezoned
approximately 10.283 acres of land from an Agricultural—5 Acre(A-5a) to a Single Family
Residential— 10,000 Square Foot(RS-10) district. The property is located on the makai side of
Mamalahoa Highway between Kona Coastview(Nana Street) and Kona Palisades (Holoholo
Street) Subdivisions, at Kalaoa 4th,North Kona, Hawaii, TMK: 7-3-28: 82 through 102 (formerly
7-3-10:37).
APPLICANT'S REQUEST
1. Request: The applicant has submitted a request for a 5-year time extension to comply
with Condition D of Zone Ordinance No. 07-160 (REZ 854), which states:
"D. Final Subdivision Approval of the proposed residential subdivision within the
subject property shall be secured from the Planning Director within five(5) years
from the effective date of this ordinance."
The applicant also requested a 5-year time extension to comply with Condition J (fair
share requirements),but this condition does not have a time requirement and, as of this
date,the applicant is in compliance with the requirements of Condition J. (Planning
Department Exhibit 1 —Amendment Request dated October 12,2012)
2. Reasons for Request: The applicant is in the process of subdividing and developing a
total of thirty one(31)residential lots. Increment 1 has been completed,which consists
of twenty(20) lots. The deadline to secure Final Subdivision Approval for Increment II
under Change of Zone Ordinance No. 07-160 was October 19, 2012. The applicant had
every intention of trying to meet the current deadline based on the completion of a
number of conditions, but given the current serious economic slump,the applicant felt it
-1- Attachment to: Corrm. 103
Bill 33
was unfeasible and not prudent to move forward with the project at this time considering
current construction costs.
BACKGROUND INFORMATION
3. April 7, 1997: Effective date of Change of Zone Ordinance No. 97-56 (REZ 854)
approved by the County Council,which rezoned approximately 10.283 acres of land from
an Agricultural (A-5a)to a Single Family Residential (RS-10) district. The applicant was
Kona Scenic Land, Inc. (Planning Department Exhibit 2- Change of Zone
Ordinance No. 97-56)
4. April 5,2002: The Planning Department approved a 5-year administrative time
extension to comply with Condition D of Change of Zone Ordinance No. 97-56 until
April 7, 2007.
5. February 24,2005: Approval date for Final Subdivision Approval No. 7924,which is a
20-lot subdivision called"Kukuinui Subdivision, Increment 1."
6. September 26, 2005: Date of the executed Release releasing RS 10 Kalaoa LLC from
the requirements stated in the executed affordable housing agreement between the
applicant and the County of Hawaii for Increment 1. The applicant will be required to
meet the affordable housing requirements for the entire project by offering for sale three
(3)lots at affordable prices within Increment 2.
7. October 19,2007: Effective date of Change of Zone Ordinance No. 07-160 (REZ 854),
which amended Change of Zone Ordinance No. 97-56, which rezoned 10.283 acres of
land from an Agricultural(A-5a)to a Single Family Residential (RS-10) district. (Refer
to Planning Department's Exhibit 1 —Amendment Request dated October 12, 2012 for a
copy of Change of Zone Ordinance No. 07-160)
8. November 2,2011: Letter from the Planning Department to Chrystal Thomas Yamasaki
acknowledging receipt of ten(10) copies of the revised final plat map for Increment II for
eleven(11) lots. (Planning Department Exhibit 3—Revised Final Plat Map
Acknowledgment Letter dated November 2,2011)
9. January 3,2012: Comment letter from the Department of Water Supply(DWS) for the
revised final plat map for Increment II. DWS states that water is available for the
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proposed 11-lot subdivision. (Planning Department Exhibit 4—DWS Comment
Letter dated January 3,2012)
10. March 17,2012: Letter from Office of Housing and Community Development(OHCD)
along with the executed Affordable Housing Agreement. The applicant has agreed to
offer for sale three(3) single-family finished lots affordable to families earning up to
140% of the median family income for the County of Hawaii to comply with Condition
K(affordable housing requirements) of Change of Zone Ordinance No. 07-160. The
three(3) lots have not yet been designated. (Planning Department Exhibit 5—OHCD
Letter dated March 17, 2012)
11. September 24, 2012: Letter from the Planning Department approving the construction
plans for Increment II. (Planning Department Exhibit 6—Planning Department
Letter dated September 24,2012)
DESCRIPTION OF STATE AND COUNTY PLANS
12. General Plan LUPAG Map: Low Density Urban.
13. State Land Use Designation: Urban.
14. County Zoning: Single Family Residential (RS-10).
14. Kona Community Development Plan: The Kona Community Development Plan
(KCDP) adopted by Ordinance No. 08 131 effective September 25, 2008 identifies the
property as located within Kona Urban Area(KUA).
15. Special Management Area (SMA): The property is not located within the Special
Management Area(SMA).
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
16. Subject Property: The property is 10.283 acres in size and is irregular in shape. The
property is proposed to be subdivided into thirty one(31)residential lots. Increment 1,
consisting of twenty lots,has been completed. The remainder of the property will be
subdivided in Increment 2.
17. Surrounding Zoning and Land Uses: Surrounding properties are zoned A-5a. There
are single-family residences and vacant residential sized lots within the adjacent Kona
Palisades and Kona Coastview Subdivisions. The Kona Palisades and Kona Coastview
Subdivisions are situated within the State Land Use Urban District and are zoned
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Agricultural (A-5a)by the County. However, these subdivisions are essentially non-
conforming residential sized lots ranging between 8,000 to 20,000 square feet.
18. Land Study Bureau's Detailed Land Classification System: "E"or"Very Poor".
19. ALISH Map: Existing Urban Development.
20. Soil Survey: Punaluu extremely rocky peat, 6 to 20 percent slopes (rPYD).
21. FIRM: Zone X, an area outside the 500-year flood plain.
PUBLIC FACILITIES
22. Access: Access to the proposed Increment 2 of the Kukuinui Subdivision will be from
Kukuinui Street, which is a County owned and maintained roadway with a 50-foot right-
of-way with a 20-foot wide pavement. Access to Kukuinui Street is from Holoholo
Street which connects to Kaiminani Drive within the Kona Palisades Estates and/or Nana
Street which connects to Ahikawa Street within the Kona Coast View Subdivision.
Holoholo Street has a 50-foot right-of-way with a 20-foot wide pavement. Kaiminani
Drive, which serves as the primary mauka-makai connector road between Hawaii Belt
Road and Queen Kaahumanu Highway,has a 60-foot right-of-way with 24-foot wide
pavement. The applicant has constructed the extension of Holoholo Street to Nana Street
to dedicable standards and has dedicated to the County of Hawaii in compliance with
Condition F of Change of Zone Ordinance No. 07-160.
23. Water: County water is available for Increment II.
24. Wastewater: According to the Department of Health,the property is located in the
Critical Wastewater Disposal Area where cesspools are not allowed. Any development
on this lot would require all wastewater be disposed into a Septic Tank System or into
public sewer when accessible. At this time, County sewer is not available to the property.
25. Utilities: All other essential utilities and services are available to the property.
AGENCIES' COMMENTS
26. Department of Public Works: (Planning Department Exhibit 7—November 1,2012
Memo)
27. Department of Environmental Management: (Planning Department Exhibit 8—
November 7,2012 Memos)
28. Police Department: (Planning Department Exhibit 9—November 14, 2012 Memo)
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29. Fire Department: (Planning Department Exhibit 10—November 19,2012 Memo)
30. Department of Health: (Planning Department Exhibit 11 —November 1,2012
Memo)
AGENCIES -NO RESPONSE
31. Department of Water Supply, Office of Housing and Community Development,
Kona Traffic Safety and Real Property Tax Office.
PUBLIC COMMENTS
32. As of the date of this writing,the Planning Department has not received any comments or
objections from the general public or adjacent landowners on the subject request.
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RS10 KALAOA,LLC
P.O.Box 789 Kealakekaa,HI 96750 ?'i i (-7 � 711 "): 2 6
Tel:(808)322-4000 Fax:(808)324-771(t
October 12,2012
Ms. BJ Leithead Todd,Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo,Hawaii 96720
Dear Ms. Leithead Todd:
SUBJECT: EXTENSION OF TIME
Ordinance No. 07 160(which amends Ordinance No. 97 56)
Kukuinui Subdivision
TMK: (3)7-3-28:102(formerly(3)7-3-10:37)
We are respectfully requesting an additional extension of time of five(5)years or longer
with the hopeful anticipation of an economic rebound so we may satisfy conditions D and
J of the subject ordinance and complete Increment II. We had every intention of trying to
meet the current deadline as you will see below having thus far substantially completed
or met most of the conditions of this current ordinance. However,given the current still
serious economic slump that we have all been facing these past 5 years and after
considering current construction numbers,we felt it was unfeasible and not prudent to
move forward on this project at this time.
Enclosed is the filing fee in the amount of$250.00(TWO HUNDRED FIFTY AND
00/100 DOLLARS).
The following is an updated progress report on the subject ordinance:
1. Condition B: 10 water units were purchased and an Assignment of Water
Commitments Under Water Agreement between Wainani 42 LLC and RS 10 Kalaoa,
l p LLC was executed on July 2,2010(Bureau of Conveyances Doc.No.2011-083474).
Water commitment fees imposed by the Department of Water Supply have been paid up
to date.
2. Condition C: Increment I consists of 20 lots which was completed in 2005.
Construction drawings/project plans were prepared by Witcher Engineering April 5,2012
and approved/signed off by the Department of Water Supply on September 21, 2012 for
Increment II.
Planning Dept. SCANNED OCT 1.7 /517
exhibit
.
3. Condition E: We prepared a Declaration of Restrictive Covenants between
RS 10 Kalaoa,LLC and the County of Hawaii,which prohibits the construction of an
ohana dwelling or a second dwelling on each lot,recorded at the Bureau of Conveyances
on February 11, 2005 (Doc.No. 2005-060598).
4. Condition F: We constructed the extension of Holoholo Street to County
dedicable standards through the Subject property and connected Nana Street and
dedicated the extension to the County of Hawaii on April 6,2005,by way of a Dedication
Deed,recorded at the Bureau of Conveyances(Doc.No. 2005-090326).
5. Conditions G and H: Increment II construction drawings/project plans were
approved/signed off by the Department of Public Works on August 6,2012.
6. Condition I: The Archaeological Inventory Survey report for the Subject
property was approved by the Department of Land and Natural Resources,Historic
Preservation Division(DLNR-HPD)on July 9, 1997. A subsequent Data Recovery
Report was approved by the DLNR HPD on December 3,2004.
7. Condition J: We made a fair share contribution in the amount of$86,597.46 for
the 20 lots in Increment Ito the County of Hawaii on February 4,2005. We will make
the balance of the fair share contribution payment for Increment II prior to final
subdivision approval.
8. Condition K: An Agreement between RS 10 Kalaoa,LLC and the County of
Hawaii regarding the affordable housing requirements was made,which Agreement was
recorded at the Bureau of Conveyances on February 3,2005 (Doc.No. 2005-032774).
9. Condition N: Because we are approaching the end of the extension period
(October 19,2012)we are requesting an additional extension of time for reasons noted
above.
10. Condition 0: The Planning Department has just approved/signed off the
construction drawings/project plans on September 24,2012 for Increment II.
Should you have any questions regarding the foregoing,please feel free to call me at
322-4000.
Sincerely,
RS10 KALAOA,LLC
Faye 1 cComas, Manager
poi
COUNTY OF HAWAII "' ��•'� STATE OF HAWAII
'T't •
I:
• 40%
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ORDINANCE NO.
0'7 160BILL NO. (D1164 2)
AN ORDINANCE AMENDING ORDINANCE NO. 97 56, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL— 5 ACRE(A-5a)TO SINGLE FAMILY RESIDENTIAL— 10,000
SQUARE FEET(RS-l0)AT KALAOA 4TH,NORTH KONA,HAWAII, COVERED BY TAX
MAP KEY 7-3-028:082— 102(FORMERLY 7-3-010:037).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 97 56 is amended as follows:
"SECTION 1. Section 25-8-3,Article 8,Chapter 25 (Zoning Code)of the Hawaii
County Code 1983 (2005 Edition),is amended to change the district classification of property
described hereinafter as follows:
SECTION 2. [ - • _ - • . •- -. .. . . . .. • , . _:]
In accordance with Section 25-2-44,Hawaii County Code 1983 (2005 Edition),the County
Council finds the following conditions are:
U) Necessary to prevent circumstances which may be adverse to the public
health,safety and welfare:or
f2,) 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
Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant,successors,or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The required water commitment payment for the proposed second increment 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 [er-difianeelamendment.
C. The subject property shall be subdivided in two increments. The first increment
shall consist of a maximum of twenty-four(24)lots based upon the units of water
available and committed to the applicant by the Department of Water Supply.
Subdivision of the second increment shall be submitted only after the Department
of Water Supply grants to the applicant the necessary water commitments for each
of the proposed lots of the second increment. No variance from the minimum
water requirements for any portion of the subject property shall be granted.
D. Final Subdivision Approval of the proposed[ ]second
increment within the subject property shall be secured from the Planning Director
within five(5)years from the effective date of this [ordiciatiee]amendment.
E. Restrictive covenant in the deeds of all the proposed residential lots within the
subject property shall prohibit the construction of an ohana dwelling or a second
dwelling on each lot. A copy of the proposed covenant to be recorded with the
Bureau of Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant shall be recited in an instrument executed by the applicant and
the County and recorded with the Bureau of Conveyances in conjunction with the
issuance of Final Subdivision Approval for any portion of the subject property. A
copy of the recorded document shall be provided to the Planning Department
upon its receipt from the Bureau of Conveyances.
F. In conjunction with Final Subdivision Approval for any portion of the subject
property, Holoholo Street shall be extended through the subject property to
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connect with Nana Street and constructed to dedicable standards with paved
swales,meeting with the approval of the Department of Public Works. This
roadway connection from the dedicated portion of Holoholo Street to Nana Street
shall be dedicated to the County of Hawaii upon completion.
G. Access to all lots within the proposed subdivision shall meet with the approval of
the Department of Public Works. Improvements within the proposed subdivision
shall include underground utilities.
H. Drainage improvements,if required,shall be constructed meeting with the
approval of the Department of Public Works in conjunction with Final
Subdivision Approval.
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-
Historic Preservation Division(DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
J. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation,fire,
police,solid waste disposal facilities and roads. The amount of the fair shall
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 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
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•
sum calculated in the same manner according to the number of additional
proposed residential lots in each such increment. The fair share contribution may
be in a form of cash, land,facilities,or any combination thereof acceptable to the
director in consultation with the affected agencies. The fair share contribution
shall have a maximum combined value of[ j$10,368.57 per
single-family residential unit. [_.. . . .. . - . ._ ' . - . -
--- Y.
-.. .2;• •. :- . . - • - :] The total amount shall be
determined with the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per
single-family residential unit shall be allocated as follows:
1. [' '•.' : .. _. -: : : - :. : : .' !]$4,999.91 per
single-family residential unit to the County to support park and
recreational improvements and facilities;
2. [ . ! . . , .. . . . : :, - !]$241.20 per single-
family residential unit to the County to support police facilities;
3. [: . , . . .. _. . .. . _ ! . ]$476.39 per single-
family residential unit to the County to support fire facilities;
4. [: -- • , - •. • . ! :] $208.57 ner single-
family residential unit to the County to support solid waste facilities;
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•5. [', , ! ... .• : - - ! ] $4,442.50 Der
single-family residential unit to the County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually beginning
three years after the effective date of the change of zone,based on the percentage
change in the Honolulu Consumer Price Index(HCPI). In lieu of paying the fair
share contribution,the applicant may construct and contribute
improvements/facilities related to parks and recreation,fire,police, solid waste
disposal facilities and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the segment of roadway which establishes a roadway connection
between Holoholo and Nana Streets (exclusive of interior subdivision roads),as
set forth in Condition[s] F, shall be credited against the sum specified in
Condition J(5)for road and traffic improvements. For purposes of administering
Condition.1,the fair market value of land contributed for such roadway segment
and the cost of constructing its improvements shall be subject to the review and
approval of the director,upon consultation with the appropriate agencies.
K. To ensure that the goals and policies of the Housing Element of the General Plan
are implemented,the applicant shall secure the concurrence of the Office of
Housing and Community Development that the applicant's affordable housing
requirements,if any,have been mutually agreed prior to Final Subdivision
Approval for any portion of the subject property.
L. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
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M. The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements;
. .
, • -- • . - . _ . - _. _ • - ,
erode;
r.
-.. . . ._ • . .. . . . . . - . _ . . .. . :.. .]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.
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NO. Should any of the conditions not be met or substantially complied with in a timely
fashion,the Director shall [ ] initiate rezoning of the area to its original or
more appropriate designation."
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid,such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
1 /
b
COUNCIL ME ER, COUNTY OF AWAPI
Hilo,Hawai`i
Date of Introduction: September 19, 2007
Date of 1st Reading: September 19, 2007
Date of 2nd Reading: October 3, 2007
Effective Date: October 19, 2007
REFERENCE: Comm. 633.2
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AGRICULTURAL 5-ACRE(Ma) IIII
TO SINGLE FAMILY RESIOEN filinivamli 1044' ~. ., • FEET 'S-10
. 10.2830 ACRES A Rir.iI!! ' i li_I
450 225 0 450 900 1350 1800 r eat
— -
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
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL 5-ACRE (A-5a)
TO SINGLE FAMILY RESIDENTIAL 10,000-SQUARE FEET(RS-10)
AT KALAOA 4th, NORTH KONA , HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
1W 7.3-28:082-102(formally 7-3-010:037) Date:May 23,2007
EXHIBIT"A" (RS10 Kalaoa,LLC:1234)
0--t433
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo.Hawaii
Introduced By: K. Angel Pilago –" ' - 'ROLkiCAJ4.VOTE
Date Introduced: September 19, 2007 AYES NOES ABS EX
First Reading: September 19, 2007 Ford X
Published: September 30, 2007 Higa X
Hoffmann X
REMARKS. Ikeda X
Jacobson X
— — Nacole X
Pilago X
Yagong X
Yoshimoto X
7 2 0 0
Second Reading: October 3, 2007
To Mayor: October 11, 2007 ROLL CALL VOTE
Returned: October 19. 2007 _ AYES NOES ABS EX
Effective: October 19. 2007 Ford X
Published: October 27. 2007 X
H iga
Hoffmann X
REMARKS: Ikeda X
-- -- Jacobson X
--- Naeole X
----•• Pilago X
_ — Yagong X
Yoshimoto X
7 2 0 0
I L)()IIE11EI3Y CERTIFY that the fbregoing BILL was adopted h the (.ounly Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNC 441f , . -
DEPUTY COIATION COUNSEL ' !
COUNTY OF HAWAII r ��"•tom
COUNT} 'LfLRK
Date !0– r a ' D 1
164 (Draft 2)
Bill No.:
t>t�rvr .
C-633 .2/PC-45
Disappru r d this f day
Reference:
Ord No.: 07 160
extrvA
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COUNTY OF HAWAII. STATE OF HAWAII
BILL NO. 48
(Draft 3)
9'756
ORDINANCE NO.
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-10)AT KALAOA 4TH,NORTH KONA,HAWAII,
COVERED BY TAX MAP KEY 7-3-10:37.
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 4th,North
Kona, Hawaii, shall be Single Family Residential(RS-10):
Beginning at the Northeasterly corner of this parcel of land, being also the
Northwesterly corner of Lot 47-B-I of this subdivision and being a point on the Southerly
side of the Alanui Kauhini(Government Road),the coordinates of said point of
beginning referred to Government Survey Triangulation Station"MOANUTAHEA" being
6,099.80 feet South and 14,461.33 feet West and running by azimuths measured
clockwise from True South:
1. 4° 00' 510.10 feet along Lot 47-B-1 of this subdivision
and along the remainders of Lot 47-B and
Grant 3750 to Kahananui to a point;
2. 99° 20' 906.51 feet along Lots 89, 88,79,along the
Northerly end of Holoholo Street,along
Lots 188, 187, 186, 185, 184 and 183 of
Kona Palisade,Unit II (File Plan 1087)and
along Grant 2972 to Kaapau and Kama to a
point;
3. 89° 31' 389.76 feet along Lots 183, 182, 181, 180, 179 and
178 of Kona Palisade, Unit II (File Plan
1087)and along Grant 2972 to Kaapau and
Kama to a point and passing over a spike
(Found) at 344.00 feet;
Planning Dept,
Exhibit Z ,�
4. 181° 52' 20" 213.42 feet along Government Land(State of
Hawaii)to a point;
Thence, for the next three(3)courses following along the Southerly side of the
Alanui Kauhin+ (Government Road):
5. 262° 31' 763.06 feet to a point;
6. 263° 59' 468.25 feet to a point;
7. 267° 52' 30" 90.70 feet to the point of beginning and containing
an area of 10.2830 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, 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. The subject property shall be subdivided in two increments. The first increment
shall consist of a maximum of twenty-four (24) lots based upon the units of
water available and committed to the applicant by the Department of Water
Supply. Subdivision for the second increment shall be submitted only after the
Department of Water Supply grants to the applicant the necessary water
commitments for each of the proposed lots of the second increment. No
variance from the minimum water requirements for any portion of the subject
property shall be granted.
•
D. Final Subdivision Approval of the proposed residential subdivision within the
subject property shall be secured from the Planning Director within five(5)years
from the effective date of this ordinance.
E. Restrictive covenant in the deeds of all proposed residential lots within the subject
property shall prohibit the construction of an ohana dwelling or a second dwelling
on each lot. A copy of the proposed covenant to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval
prior to the issuance of Final Subdivision Approval. A copy of the approved
covenant shall be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances in conjunction with the
issuance of Final Subdivision Approval for any portion of the subject property. A
copy of the recorded document shall be provided to the Planning Department
upon its receipt from the Bureau of Conveyances.
F. In conjunction with Final Subdivision approval for any portion of the subject
property,Holoholo Street shall be extended through the subject property to
connect with Nana Street and constructed to dedicable standards with paved
swales,meeting with the approval of the Department of Public Works. This
roadway connection from the dedicated portion of Holoholo Street to Nana Street
shall be dedicated to the County of Hawaii upon completion.
G. Access to all lots within the proposed subdivision shall meet with the approval of
the Department of Public Works. Improvements within the proposed subdivision
shall include underground utilities.
H. Drainage improvements, if required,shall be constructed meeting with the
approval of the Department of Public Works in conjunction with Final
Subdivision Approval.
-3-
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
�.esources-Historic Preservation Division(DLNR-HPD)s,.ull be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it finds that sufficient mitigative measures have been taken.
J. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation,fire,
police, solid waste disposal facilities,and roads. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each increment
shall be a sum calculated in the same manner according to the number of
additional proposed residential lots in each such increment. The fair share
contribution may be in a form of cash, land, facilities,or any combination thereof
acceptable to the director in consultation with the affected agencies. The fair
share contribution shall have a maximum combined value of$7,239.16 per lot.
Based upon the applicant's representation of intent to subdivide and develop up
to thirty-four (34) residential lots, the indicated total fair share contribution is
$246,131.44, however, the total amount shall be increased or reduced in
proportion with the actual number of subdivided lots according to the
calculation and payment provisions set forth in this Condition J. The fair share
contribution shall be allocated as follows:
1. $3,490.85 per lot, for an indicated total of$118,688.90 to the County to
support park and recreational improvements and facilities;
-4-
2. $168.40 per lot, for an indicated total of$5,725.60 to the County to
support police facilities;
3. $332.61 per lot, for an indicated total of$11,A8.74 to the County to
support fire facilities;
4. $145.62 per lot, for an indicated total of$4,951.08 to the County to
support solid waste facilities;
5. $3,101.68 per lot, for an indicated total of$105,475.12 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 segment of roadway which establishes a roadway connection
between Holoholo and Nana Streets (exclusive of interior subdivision roads), as
set forth in Conditions F, shall be credited against the sum specified in
Condition J(5) for road and traffic improvements. For purposes of
administering Condition J, the fair market value of land contributed for such
roadway segment and the cost of constructing its improvements shall be subject
to the review and approval of the director, upon consultation with the
appropriate agencies.
-5-
K. To ensure that the goals and policies of the Housing Element of the General Plan
ai a implemented, the applicant shall secure the concurrence s'f the Office of
Housing and Community Development that the applicant's affordable housing
requirements, if any, have been mutually ag.,:ed to prior to Final Subdivision
Approval for any portion of the subject property.
L. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants,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).
-6-
N. Should any of the conditions not be met or substantially complied with in a timely
fashion,the Director may initiate rezoning of the subje••t 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 'Y:
'-2Z IL MEMBER, COUNTY OF HAWAII
Hilo,Hawaii
Date of Introduction: March 19, 1997
Date of 1st Reading: March 19, 1997
Date of 2nd Reading: April 2, 1997
Effective Date: April 7, 1997
APPROVED AS TO FORM AND LEGALITY
(.712,14 .‘
DEPUTY CORPORATION COUNSEL
1
DATED: _ 4/t!/��
-7-
-_-_ :=_-_=:_-- a. .....min emprow szysi An .
_ _ .... ... ...... , A-I
�.___, �� ���m rI /�h1j ' Sca1e : r = 600I ts TRUE NORTH„wow it -- i B: ' $
SWIM.� =® ' x5-f0 �:1' 4r■1 �i1
I,��� :cam �� ���►�.. mg OA A-5a
S 1111111 1.1 II - ■r itarth.∎ i
A-9a !! jettLLhiUu1mum a au MN IIII K 0 N A NM a go
-;mi
ma
r = mom i�ji
I w� owe ~
Is. NO as rani A
■r461.33_w OA9Ai EAS
;♦
E;1Vo N weft
ACRES
a OA51V1EW • ` 41111114
wawa.hall . __ jst�i 'A.15ADE eft ifirie 0
_I\nem_t on
Hos Ivo taw- iipitilli
oft all ��P 1111
�Aa •. 111%; o r 5 Z�oill�� ,°s left, ilr&
• .E... sm. EN inn is
A-3• Plea!
AGRICULTURAL (A-5c) TO SINGLE 1.1.11IY� +c5-20 re
FAMILY RESIDENTIAL (RS-10) = um* :~ai •*R. Ma
AREA : 10.2830 ACRES I• MIL 2Q� •2 ^-sa
el MIi: c5.f s
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 RESIDENTIAL (RS-10) AT KALAOA 4TH, NORTH
KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
DAK : 7-3-10:37 _ JANUARY 8, 1997
EXHIBIT .A.. RQ) SCENIC END, INC.)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
'97 APR 7 wit%taILS1IOTE
AYES NOES ABS 1 EX
Introduced By: Bobby Jean Leithead-Tocid Araka CCU;:∎'^^ . ill
Date Introduced: March 19, 1997
Chung ours `e a-
First Reading: March 19, 1997 Leithead-Todd X
Published: March 27, 1997 Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
Tyler X
_Yagong X
9 0 0 0
• ROLL CALL VOTE
Second Reading: April 2, 1997 { AYES NOES ABS I EX
To Mayor: April 3, 1997
Returned: April 7, 1997 Arakaki X -
Effective: April 7, 1997 Chung X
Published April 15, 1997 Leithead-Todd X
Ray X I
REMARKS: Reynolds X
Santangelo X _
Smith X
Tyler X -
Yagong x _ _ _
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVED AS TO
F RM AND LITY: OP, '' �
/ k -^- t-. -t. _ -
_ 0 CIL CHAIRMAN
DEPUTY CORPORATION COUNSEL 1 .rte
COUNTY DOFF`HAWAII q �i�:v�-,4Q
Dofe ./(/ /( 7 COUNTY CLERK
Approved/B4c pprovved this 7 day
of .1977 .
A
,a ` �� 48 (Draft 3 )
MAYOR,CO �OFHAWAII Bill No.: 48
Reference:
97 ry
Ord No.: `�
William P.Kenoi rY r-•.OF
''''.Y.�'• BJ Leithead Todd
Mayor 47^ \ u%¢ ` Director
• Margaret K.Masunaga
Deputy
,. �..
West Hawaii Office East Hawai`i 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
November 2,2011
Chrystal Thomas Yamasaki, LPLS
Wes Thomas Associates
75-5749 Kalawa Street
Kailua-Kona, HI 96740
Dear Ms.Yamasaki:
REVISED FINAL PLAT MAP
SUBDIVIDER: RS10 KALAOA, LLC
"Kukuinui Subdivision, Increment II"
Proposed Subdivision of Lot 21 of Kukuinui Subdivision, Increment I (SUB 7924),
Into Lots 1 to 11, Inclusive and Road Lot A,
Kalaoa 4th, North Kona, Island of Hawaii, Hawaii
TMK: 7-3-028:102 (SUB-98-000070; FSA-SUB-7924- )
This is to acknowledge receipt of ten (10)copies of the revised final plat map dated October 25, 2011, and
one(1) CD of revised final plat map in .dwg & .pdf file for the referenced application.
By a copy of this letter,we are forwarding a copy of the revised final plat map to the listed officers for their
review. We shall contact you upon receipt of their response on this matter.
Should you have any questions, please feel free to contact Ed Cheplic of this department.
Sincerely,
c,\,
,:J L' IT AD TODD
Plnni g Director
ETC:Inm
ANNED
11 Coh331pianninglpublic'WAdmin Permits[1.ivisionlSubd vlsian%201lkS118c20'11-41St1B-98-0000 0(FSA792 )RS90Kai ukuinulincrl1REV• „P
Panning Dept. 11
Exhibit____-- ':�_
www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning®co.hawaii.hi.us
•
s _F WATER 4,--
19 49
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
rypFHpWp�� �''0 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
"a
January 3, 2012
TO Ms. BJ Leithead Todd,Director
Planning Department
FROM Quirino Antonio,Jr.,Manager-Chief Engineer ;•
N)
SUBJECT: REVISED FINAL PLAT MAP w —41
SUBDIVISION APPLICATION NO. 98-000070
APPLICANT—RS10 KALAOA, LLC
TAX MAP KEY 7-3-028:102 (FORMERLY PORTION OF 7-3-010:037)
We have reviewed the revised final plat map for the subject subdivision and have the following comments and
conditions.
Please be informed that the applicant has secured a water commitment for 10 additional units of water,which will
expire on May 31, 2012. Therefore,water can be made available for the proposed 11-lot subdivision from the
existing 6-inch waterline within Kukuinui Place fronting the subject parcel.
Final subdivision approval will be subject to the following conditions:
1. Construct necessary water system improvements,which shall include, but not be limited to,the
following:
a. extension of approximately 450 linear feet of 6-inch waterline along proposed Road Lot A,
b. installation of service laterals to accommodate a 5/8-inch meter fronting each proposed lot. The
existing service lateral to the subject parcel may remain to serve proposed Lot 1,
c. fire hydrants spaced no more that 600 feet apart and within 300 feet of each proposed lot,
d. subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development, the applicant shall
be responsible for the relocation and adjustment of the Department's affected water system
facilities, should they be necessary.
Construction plans showing the above improvements and prepared by a licensed professional
engineer, registered in the State of Hawai`i, must be submitted for review and approval.
2. Remit the prevailing facilities charge balance and capital assessment fee,which are subject to change, as
shown below: SY �
IrnmIng Dept• e i
Exhibit y 0 ' 1
.Wilter,, Our ost Precious Resource . . . r .` al..: 411e9 . , .
•
William P. Kenoi , "i_, T
Mayor
`Stephen J. Arnett
S'°' `f HousingAdminisirator
0 _7 4 j I mfita Niniau K.Simmons
Assistant Housing
OFFICE OF HOUSING AND Administrator
COMMUNITY DEVELOPMENT
50 Wailuku Drive•Hilo,Hawaii 96720-2456
V=(808)961-8379•FAX(808)961-8685
May 17, 2012
MEMORANDUM
TO: Bobby-Jean Leithead Todd
Planning Department
FROM: Stephen J. Arnett
Housing Administrator
SUBJECT: RS10 KALAOA, LLC AFFORDABLE HOUSING AGREEMENT
TMK: (3) 7-3-028 :102 (formerly TMK: (3) 7-3-010:037)
Pursuant to Condition K of Ordinance No. 97-56, RS10 Kalaoa,
LLC executed an Affordable Housing Agreement with the County
of Hawai'i, dated February 3, 2005, to provide three (3)
finished affordable housing lots. The three (3) affordable
lots have not yet been designated.
Please call Alan Rudo at (808) 961-8379 if you have questions
or need additional information. Thank you.
Signed:
t hen . Arnett
Housing Administrator
678669
c. Gavin Ashikawa
2164pasre
EQUAL HOUSING OPPORTUNITY
HAWAII COUNTY!SAN EQUAL OPPORTUNITY
Planning Dept. PRomERAresseLorew
Exhibit J
LAND COURT SYSTEM REGULAR SYSTEM
AFTER RECORDATION, RETURN TO:
Return by: Mail [ ) Pickup ( )
AGREEMENT
This Agreement made this ---eW day of `�` a
204-r, by and between RS10 Kalaoa, LLC, a Hawai'i limited
liability company, hereinafter referred to at times as "RS1OK",
whose principal place of business and post office address is
Post Office Box 789, Kealakekua, Hawai'i 96750, and the COUNTY
OF HAWAII, hereinafter referred to at times as "County", whose
principal place of business and mailing address is 25 Aupuni
Street, Hilo, Hawaii 96720.
WHEREAS, RSIOK owns approximately 10.28 acres of land at
Kalaoa 4th, North Kona, Hawai'i, covered by Tax Map
1753Lrmj
Key (3) 7-3-10:37, hereinafter referred to as the "Property";
and
WHEREAS, on April 7, 1997, Change of Zone Ordinance No. 97-
56 became effective and rezoned the Property consisting of tax
map key (3) 7-3-10:37 from Agricultural (A-5a) to Single Family
Residential (RS-10) ; and
WHEREAS, RS10K, the owner of the land subject to Ordinance
No. 97-56, desires to develop on the Property, a 34-unit
residential project consistent with Single Family Residential
zoning; and
WHEREAS, Condition "K" of Change of Zone Ordinance No. 97-
56 for the Property further requires that the applicant shall
comply with the requirements of Chapter 11, Article 1, Hawai'i
County Code, relating to Affordable Housing; and
WHEREAS, RS1OK has evaluated the various options available
to satisfy the affordable housing goals and policies of the
State of Hawaii and County of Hawaii.
NOW, THEREFORE, in consideration of the mutual covenants in
this Agreement, the parties hereby agree that RS1OK shall offer
for sale three (3) single-family finished lots affordable to
families earning up to 140% of the median family income for the
County of Hawai 'i . These units, with a minimum lot size of
10, 000 square feet of land area, shall sell for a maximum of one
hundred twenty five thousand dollars ($125, 000. )
1753Lrmj 2
A. AFFORDABLE HOUSING CREDITS
In consideration of the mutual covenants in this
, Agreement, and pursuant to County Code, the parties hereby
agree that upon the development and sale of the affordable
units as described herein, the developer RS10 Kalaoa, LLC
shall be awarded a total of three (3) affordable housing
credits. The credits shall be used to satisfy Condition K
of Ordinance No. 97-56.
B. SALES PROVISIONS
The affordable units shall be sold to qualified
purchasers within the 140% median income group. RS1OK
shall make a sincere and earnest effort to advertise
and publicize the availability of the affordable
units.
C. GENERAL PROVISIONS
1 . This Agreement shall be filed by RS1OK with the
Land Court of the State of Hawai'i or the Bureau
of Conveyances of the State of Hawai'i, whichever
is applicable, and shall be noted on the Transfer
Certificate of Title and Certificate of Title for
the property, if applicable. Full compliance
with Condition K of Ordinance No. 97-56 shall not
occur until all three (3) affordable units in the
Property are sold pursuant to the terms and
1753Lrmj 3
conditions herein. Upon determination of full
compliance, a release. of this Agreement shall be
executed by the parties hereto and filed and
noted with the Land Court or Bureau of
Conveyances, as applicable. The County shall
release the lots created in phase one or
increment one and shall secure this agreement
with the remaining bulk lot, intended to be
subdivided at a later time as phase two or
increment two.
2 . Neither this Agreement nor any provisions hereof
may be amended, waived, discharged, or
terminated, orally or in any manner other than by
an instrument in writing signed by the parties
hereto, or their respective successors and
assigns.
3. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their
respective successors and assigns. The parties
agree to execute whatever other documents are
necessary to effectuate and carry out the intent
of this Agreement.
2753Lrmj 4
IN WITNESS WHEREOF, the parties have executed these
presents on the day and year first above-written.
RS10 Kalaoa, LLC
V y Ai I G E. .Ashikawa, Manager
Date: /722/e/5
RECOMMEND APPROVAL:
Edwin S. Taira
Housing Administrator
Date: OdiliK "
COUNTY OF HAWAI I
• BY
Larry Kim DIXIE KAETs ar
Its Mayor Maeiagb g Director t'""�
Date: FEB 0 3 2005
APPROVED AS TO FORM
AND LEGALITY:
Byetrik. .
Deputy Corporation Counsel
Date: 4?-,t V3P ----
1753Lrmj 5
STATE OF HAWAII
SS:
COUNTY OF HAWAII
On this A2' -day of JCn , before me
personally appeared Gary E. Ashikawa , to me known
to be the person described in and who executed the foregoing
instrument and acknowledged to me that he executed the same as
his free act and deed.
esti— 0)-‘2)C-A.,
Notary Public, State of Hawai' i
My commission expires: gee I�
1753Lrmj 6
STATE OF HAWAII )
) SS.
COUNTY OF HAWAI'I )
On this •-:' sue'day of .friA .e , 2005, before me
personally appeared DIXIE KAETSU, to me personally known, who, being by me duly
sworn, did say that she is the Managing Director of the County of Hawai'i, a municipal
corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is
the corporate seal of said County of Hawai'i; that the foregoing instrument was
signed and sealed in behalf of the County of Hawaii by authority given to said Mayor
of the County of Hawaii by Section 5-1.3(g)of the County Charter, County of Hawai'i
(2000), as amended, and assigned by the Mayor to the Managing Director pursuant
to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged
said instrument to be the free act and deed of said County of Hawaii.
77' grid'. '+ .- eei�recz'
VI INIA M. TOLENTINO
N tary Public, State of Hawaii
My commission expires: 4/22/2005
444
Vitt, .A(111titG`Tai
.42tijkorve
TATE OF HAWAI 'I
SS:
CO Y OF HAWAI' I )
On is day of , before
me personal appeared HARRY KIM, to me personally known, who,
being by me dul sworn, did say that he is the Mayor of the
COUNTY OF HAWAII, . municipal corporation of the State of
Hawai'i; that the sea affixed to the foregoing instrument is
the corporate seal of sai., County of Hawaii; that the foregoing
instrument was signed and se. ed in behalf of the County of
Hawaii by authority given to s. 'd Mayor of the County of
Hawai' i by Section 5-1 .3 (g) of the • ounty Charter, County of
Hawai' i (1991) , as amended; and said r •RY KIM acknowledged said
instrument to be the free act and deed of aid County of
Hawaii .
Notary Public, State of Hawai •
My Commission expires:
2753Lrmj 7
HAWAII COUNTY HOUSING AGENCY
Resolution No. 139
RESOLUTION APPROVING SATISFACTION OF CONDITION "K" OF ORDINANCE
NO. 97-56 BY RS10 KALAOA, LLC
WHEREAS, RS10 Kalaoa, LLC, is the owner of approximately
10 .28 acres of land at Kalaoa 4th, North Kona, Hawai'i, covered
by tax map key 3/7-3-10 :37; and
WHEREAS, on April 7, 1997, Change of Zone Ordinance No.
97-56 became effective, which changed the district
classification from Agricultural (A-5a) to Single-Family
Residential (RS-10) ; and
WHEREAS, Condition "K" of Change of Zone Ordinance
No. 97-56 requires compliance with the requirements of
Chapter 11, Article 1, Hawaii County Code, relating to
Affordable Housing; and
WHEREAS, residents of West Hawai'i cannot find affordable
housing units to purchase or to rent; and
WHEREAS, pursuant to Chapter 11, Section 11-4 (c) of the
Hawaii County Code, the Office of Housing and Community
Development is recommending that RS10 Kalaoa, LLC, satisfy
Condition "K" by producing affordable housing units.
NOW, THEREFORE, BE IT RESOLVED BY THE HAWAII COUNTY
HOUSING AGENCY that pursuant to Chapter 11 of the Hawaii County
Code, RS10 Kalaoa, LLC, be required to develop three (3)
finished lots or affordable units, either for rent or for sale,
at prices that meet the affordable housing guidelines, on site
or within a thirty (30) mile distance of the property.
BE IT FURTHER RESOLVED, that this resolution shall take
effect immediately.
e 0
Dated at , Hawai'i, this day of ,
2004 .
HAWAII COUNTY HOUSING AGENCY
`` E
.I�s r/ifit_
G. - ''' ' '; 3'. irperson
i
e— R YNO' DS, VA e-C airperson
4414).ellitill4LOtt
J' . Y ARA4:1rI, Member
(absent and excused)
AARON CHUNG, Member
EN NG- • r
• E ,RION6FF, Me e• t.1
DR. FRED HOLSCHUH, Member
(does not concur)
BOB JACOBSON, Member
(absent and excused)
_ CHAEL C TULANG, Member
'Vs. ,* i
c J. •TIS TYLR, III, Member
Mt,,os .
William P.Kenoi .-gi;:- r'-; �. BJ.Leithead Todd
Mayor
Director
•*I Margaret K.Masunaga
ds'iai'��`` Deputy
•West Hawai`i Office East Hawai`i Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawai`i 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
September 24, 2012
Bruce E. Witcher, PE
Witcher Engineering, LIP
PO Box 348
Holualoa, HI 96725
Dear Mr. Witcher:
CONSTRUCTION PLAN TITLE SHEET TRACING APPROVAL
SUBDIVIDER: RS10 KALAOA, LLC
"Kukuinui Subdivision, Increment II"
Proposed Subdivision of Lot 21 of Kukuinui Subdivision, Increment I (SUB 7924),
Into Lots 1 to 11, Inclusive and Road Lot A,
Kalaoa 4th, North Kona, Island of Hawaii, Hawai`i
TMK: 7-3-028:102 (SUB-98-000070; FSA-SUB-7924- )
We have reviewed the subject tracing of the construction plan and found that it has met with our approval.
Accordingly,we have certified the tracing and have enclosed it with this letter.
Please submit appropriate sets of prints of the aforesaid tracing together with specifications to the listed
officers for reference and files.
Further action on the subject subdivision request shall be taken when the subdivider meets with the
remaining conditions of tentative approval and completes all improvements in accordance with the
approved construction plans. In lieu of actually completing the improvements to secure final subdivision
approval, the subdivider may file with our department a 100%surety bond and agreement to ensure
completion of all subdivision improvements.
If you have any questions, please feel free to contact Ed Cheplic of this department.
Sincerely,
SCANNED
c, J LEITHEAD TODD SEP 2 5 2012
Planning Director $y:
ETC:Inm
i1Coh331p1annindipubfidtAdmin Permits DivisiodSubdivision120120U8c2012-3iSU&98 Q70 Q nn 4 1 15l1tinulinetliCPA.doc
Enc.: Title Sheet Tracing a�
Exhibit
Yo.n c;fit t ratty•ikv Hawaii County iran Equal OpportuniiyProxiderrrdrl Employer 'anri _zo.Inawau. %u.�
71117
PLANNING DEPARTMENT
County of Hawaii
DEPARTMENT OF PUBLIC WORK374_5044 Ane Keohokaioie Hwy.
COUNTY OF HAWAII Kaiiva-Kona, HI 96740
HILO, HAWAII
RECEIVED NOV O-i 2012
DATE: November 1, 2012
Memorandum
TO : B.J. Leithead-Todd, Planning Director
Planning Department
FROM : Ben Ishii, Division Chie
..O Engineering Division
SUBJECT : Change of Zone (REZ 854, Docket No. 96-000026)
Applicant: RS10 Kalaoa, LLC
Request: Time extension to Conditions D (Secure Final Subdivision
Approval) and J (Fair Share Contribution) of Ordinance No. 07-160
Location: Kalaoa 4th , N. Kona, HI
TMK: 3/7-3-028:082-102 (Formerly 7-3-010:037)
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
Emler of our Kona Engineering Division office at 323-4851.
KE
copy: ENG-HILO/KONA
SCANNED
V 0 5 2012
Byatb -
Planning D pt.
Hawaii County is an equal Opportunity Provider and Employer Exhibit
William P.Kenoi '+t om . ,W,;
William P.Kenoi •C���"r: 'r'•' yrry; t•Dora. eekI E 11 6•
Mayor --= 'sue; Acting Director
William T.Takaba 454'•'0.H�+!�``
Managing Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo,Hawaii 96720
(808)961-8083 Fax(808)961-8086
http://co.hawaii.hi.us/directory/dir envmng.htm
MEMORANDUM
Date : November 1,2012
To : BJ LEITHEAD TODD,Planning Director
From: DORA BECK,P.E.,Acting Director (
Subject: Change of Zone(REZ 854,Docket No. 96-000026)
Applicant:RS 10 Kalaoa,LLC
Request: Time Extension to Conditions D(Secure Final Subdivision Approval)and J(Fair
Share Contribution)of Ordinance No.07-160
TMK: 7-3-28:082-102(formerly 7-3-010:037)
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:
WASTEWATER COMMENTS: (Contact Wastewater Division for details.)
Lyle Hirota (X) 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:
JCounty of Hawaii is an Equal Opportunity Provider and Employer. 0620 Y
•
William P.Kenoi E° r *c Oam�tV On F d•'��
Harry S.Kubojiri
jiri
Mayor Police Chief
.,,e114,
517 a:l I �'` I I: t q1 +' "•'J''`
�s3 r. •Nr�' Paul K.Ferreira
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapi'olani Street • Hilo,Hawai`i 96720-3998
(808)935-3311 • Fax(808)961-2389
November 14, 2012
TO : BJ LEITHEAD TODD, PLANNING DIRECTOR
ihitUNTY 'a F ' A WAI'I PLANNING DEPARTMENT
-valLOP 411
FROM : L H. EALOHA JR., ASSISTANT CHIEF, AREA II OPERATIONS
SUBJECT : Change of Zone (REZ 854, Docket No. 96-000026)
Applicant: RS10 Kalaoa, LLC
Request: Time Extension to Conditions D (Secure Final Subdivision
Approval) and J (Fair Share Contribution) of Ordinance No. 07-160
Tax Map Key: 7-3-28:082-102 (formerly 7-3-010:037)
The above-referenced application has been reviewed, and we have no comments
or objections to offer at this time.
Should there be any questions, please contact Captain Richard Sherlock,
Commander of the Kona District, at 326-4646, ext. 299.
RS
RS120667
Planning kept. SCANNED ..
Exhibit,
"Hawaii County is an Equal Opportunity Provider and Employee'
William P.Kenos ° ' r i k, C Darren J. Rosario
Mayor Fire Chief
rT ??tf :f i it 19 4't 01.*_ Renwick J.Victorino
o. _ Deputy Fire Chief
County of Ti9athari
HAWAI'I FIRE DEPARTMENT
25 Aupuni Street • Room 2501• Hilo,Hawaii 96720
November 19,2012 (808)932-2900 • Fax(808)932-2928
TO: B/LEITHEAD TODD,PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION(REZ 854,DOCKET NO. 96-000026)
APPLICANT: RS 10 KALAOA,LLC
REQUEST: TIME EXTENSION TO CONDITIONS D (SECUE FINAL
SUBDIVISION APPROVAL)and J(FAIR SHARE CONTRIBUTION) OF
ORDINANCE NO. 07-160
TAX MAP KEY: 7-3-28:082-102(FORMERLY 7-3-010:037)
In regards to the above-mentioned amendment to Change of Zone Ordinance No. 07-160, the
following shall be in accordance:
NFPA 1,UNIFORM FIRE CODE,2006 EDITION
Note:NFPA 1, Hawaii State Fire Code with County amendments. County amendments are
identified with a preceding "C—," of the reference code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For occupancies of an especially hazardous nature,or where special hazards exist in addition to
the normal hazard of the occupancy,or where access for fire apparatus is unduly difficult,or
areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may
require additional safeguards including, but not limited to, additional fire appliance units,more
than one type of appliance, or special systems suitable for the protection of the hazard involved.
18.1.1 Plans.
18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the
fire department for review and approval prior to construction.
18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be
T• �R
submitted to the fire department for review and approval prior to construction--
v %C�
P rtning Dept. F " },_ T }�'�'",'/
Exhibit..-/0
11 es) 44
Hatuari County is an Equal tippartuniiy Pfnuitkrand Employer,
BJ Leithead Todd
November 19,2012
Page 2
C—18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate
any Fire hydrant unless such person first secures permission or a permit from the owner or
representative of the department, or company that owns or governs that water supply or system.
Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or
maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau
personnel.
18.2 Fire Department Access.
18.2.1 Fire department access and fire department access roads shall be provided and maintained
in accordance with Section 18.2.
18.2.2* Access to Structures or Areas.
18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be
installed in an accessible location where access to or within a structure or area is difficult because
of security.
18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to
require fire department access be provided to gated subdivisions or developments through the use
of an approved device or system.
18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire
department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is
modified in a manner that could prevent fire department access.
18.2.3 Fire Department Access Roads.
18.2.3.1 Required Access.
18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or
portion of a building hereafter constructed or relocated.
18.2.3.1.2 Fire Department access roads shall consist of roadways,fire lanes,parking lots lanes,
or a combination thereof.
18.2.3.1.3* When not more than two one- and two-family dwellings or rivate garages, carports,
sheds, agricultural buildings, and detached buildings or structures 400ftt(37 m2) or less are
present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the
AHJ.
BJ Leithead Todd
November 19, 2012
Page 3
18.2.3.1.4 When fire department access roads cannot be installed due to location on property,
topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be
authorized to require additional fire protection features.
18.2.3.2 Access to Building.
18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one
exterior door that can be opened from the outside and that provided access to the interior of the
building.
18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.2 shall be permitted to be increased to 300 feet.
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft (46
m) from fire department access roads as measured by an approved route around the exterior of
the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m).
18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided
when it is determined by the AHJ that access by a single road could be impaired by vehicle
congestion, condition of terrain, climatic conditions, or other factors that could limit access.
18.2.3.4 Specifications.
18.2.3.4.1 Dimensions.
C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved
turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family
dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than
20 feet wide within 150 feet of the structure being protected. An approved turn around area shall
be provided if the FDAR exceeds 250 feet.
C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in.
CC 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
installed and maintained indicating such approved changes.
BJ Leithead Todd
November 19,2012
Page 4
18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not
adequate to accommodate fire apparatus.
C-, 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and
maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be
comprised of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30
feet, and a minimum outside turning radius of 60 feet.
18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length
shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall
be constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the
AHJ.
18.2.3.4.6 Grade.
C- 18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road
shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m)or the design limitations of the fire
apparatus of the fire department, and shall be subject to approval by the AHJ.
BJ Leithead Todd
November 19,2012
Page 5
18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb
cuts extending at least 2 ft (0.61 m)beyond each edge of the fire lane.
18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be
approved the AHJ.
18.2.3.5 Marking of Fire Apparatus Access Road.
18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be
provided and maintained to identify fire department access roads or to prohibit the obstruction
thereof of both.
18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane.
18.2.4* Obstruction and Control of Fire Department Access Road.
18.2.4.1 General.
18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any
manner, including by the parking of vehicles.
18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained
at all times.
18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or
impede accessibility for fire department operations.
18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and
barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles.
18.2.4.2 Closure of Accessways.
18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or
other approved barricades across roads, trails, or other accessways not including public streets,
alleys, or highways.
18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner.
BJ Leithead Todd
November 19,2012
Page 6
18.2.4.2.3 Roads, trails, and other accessways that have been closed and obstructed in the manner
prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and
the AHJ.
18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted
property identified in 18.2.4.2.1.
18.2.4.2.5 Locks, gates, doors,barricades, chains, enclosures, signs, tags, or seals that have been
installed by the fire department or by its order or under its control shall not be removed, unlocked,
destroyed, tampered with, or otherwise vandalized in any manner.
18.3 Water Supplies and Fire Hydrants
18.3.1* A water supply approved by the county, capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities or buildings, or portions
thereof, are hereafter constructed, or moved into or within the county. When any portion of the
facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus
access road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the AHJ. For on-site fire hydrant requirements see section 18.3.3.
EXCEPTIONS:
1. When facilities or buildings, or portions thereof; are completely protected with an
approved automatic fire sprinkler system the provisions of section 18.3.1 maybe modified
by the AHJ.
2. When water supply requirements cannot be installed due to topography or other
conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as
amended in the code.
3. When there are not more than two dwellings, or two private garage, carports, sheds and
agricultural. Occupanicies, the requirements of section 18.3.1 may be modified by AHJ.
18.3.2*Where no adequate or reliable water distribution system exists, approved reservoirs,
pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable
of providing the required fire flow shall be permitted.
18.3.3* The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be provided on a fire apparatus access road on the site of the
premises or both, in accordance with the appropriate county water requirements.
18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the
fire department.
,
BJ Leithead Todd
November 19, 2012
Page 7
18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25
or county requirements as determined by the AHJ.
18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected
unless located within a public right of way.
18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to
service. Owners of private property required to have hydrants shall maintain hydrant records of
approval, testing, and maintenance, in accordance with the respective county water requirements.
Records shall be made available for review by the AHJ upon request.
C� 18.3.8 Minimum water supply for buildings that do not meet the minimum County water
standards:
Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for
Firefighting.
Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for
Firefighting.
Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for
Firefighting.
Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow
requirements.
Multiple story buildings shall multiply the square feet by the amount of stories when determining
the minimum water supply.
Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water
standards shall double the minimum water supply reserved for firefighting.
Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)-(6)
of this code.
NOTE: In that water catchment systems are being used as a means of water supply for
firefighting, such systems shall meet the following requirements:
(1) In that a single water tank is used for both domestic and firefighting water, the water for
domestic use shall not be capable of being drawn from the water reserved for firefighting;
•
BJ Leithead Todd
November 19,2012
Page 8
(2) Minimum pipe diameter sizes from the water supply to the Fire Department
Connection(FDC) shall be as follows:
(a) 4"for C900 PVC pipe;
(b) 4"for C906 PE pipe;
(c) 3"for ductile Iron;
(d) 3' for galvanized steel.
(3) The Fire Department Connection(FDC) shall:
(a)be made of galvanized steel;
(b)have a gated valve with 2-1/2 inch, National Standard Thread male
fitting and cap;
(c)be located between 8 ft and 16 ft from the Fire department access.
The location shall be approved by the AHJ;
(d)not be located less than 24 inches, and no higher than 36 inches from
finish grade, as measured from the center of the FDC orifice;
(e)be secure and capable of withstanding drafting operations. Engineered
stamped plans may be required;
(f)not be located more than 150 feet of the most remote part, but not less
than 20 feet, of the structure being protected;
(g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code;
(4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with
a second FDC. Each FDC shall be independent of each other, with each FDC being
capable of flowing 500gpm by engineered design standards. The second FDC shall
be located in an area approved by the AHJ with the idea of multiple Fire apparatus'
conducting drafting operations at once, in mind.
(5) Inspection and maintenance shall be in accordance to NFPA 25.
(6) The owner or lessee of the property shall be responsible for maintaining the water
level, quality, and appurtenances of the system.
EXCEPTIONS TO SECTION 18.3.8:
(1) Agricultural buildings, storage sheds, and shade houses with no combustible
or equipment storage.
(2) Buildings less than 800 square feet in size that meets the minimum Fire
Department Access Road requirements.
(3)For one and two family dwellings, agricultural buildings, storage sheds, and
detached garages 800 to 2000 square feet in size, and meets the minimum Fire
Department Access Road requirements, the distance to the Fire Department
Connection may be increased to 1000 feet.
(4) For one and two family dwellings, agricultural buildings, and storage sheds
♦ y
BJ Leithead Todd
November 19, 2012
Page 9
greater than 2000square feet, but less than 3000 square feet and meets the
minimum Fire Department Access Road requirements,the distance to the Fire
Department Connection may be increased to 500 feet.
(5)For buildings with an approved automatic sprinkler system,the minimum water
supply required may be modified.
If there are any questions regarding these requirements,please contact the Fire Prevention Bureau
at (808) 932-2912.
DARREN J. ROSARIO
Fire Chief
KT/lc
NEIL EIL ABERCROM40
•ETrA J.FUDDY,A.C.S.W.,M.P.H.
GOVERNOR �,46.17,44> Director of Health
,^use+1;NT a „
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2312 r{t?tt -5 ''i 10: 15
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: November 1,2012
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye i•t\-"
District Environmental Health Program Chief
SUBJECT: Change of Zone (REZ 854, Docket No. 96-000026)
Applicant: RS 10 Kalaoa, LLC
Request: Time Extension to Conditions D (Secure Final Subdivision Approval)
And J (Fair Share Contribution) of Ordinance No. 07-160
Tax Map Key: 7-3-28:082-102 (formerly 7-3-010:037)
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
WORD:REZ 854.my
Planning Dept.
Exhibit 0 1 st8 8
RRS I OKalaoa-REZ8S4.jwd-11-26-12
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
RS10 KALAOA LLC
CHANGE OF ZONE ORDINANCE NO. 07-160 (REZ 854)
AMENDMENT TO CONDITION D AND CONDITION J
Upon review of the request,the Planning Director recommends that a favorable
recommendation of the request to amend Condition D of Change of Zone Ordinance
No. 07-160 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 upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
On April 7, 1997, the Hawaii County Council approved Change of Zone
Ordinance No. 97-56, which rezoned approximately 10.283 acres of land from an
Agricultural (A-5a) to a Single Family Residential (RS-10) district. The applicant
submitted a 5-year time extension to comply with Condition D,which was approved by
Change of Zone Ordinance No. 07-160. The applicant has submitted a request for an
additional 5-year time extension to comply with Condition D of Zone Ordinance No.
07-160(REZ 854),which states:
"D. Final Subdivision Approval of the proposed residential subdivision within the
subject property shall be secured from the Planning Director within five(5) years
from the effective date of this ordinance."
The applicant also requested a 5-year time extension to comply with Condition J
(fair share requirements),but this condition does not have a time requirement and, as of
this date, the applicant is in compliance with the requirements of Condition J.
The applicant is in the process of subdividing and developing a total of thirty one
(31)residential lots. Increment 1 has been completed,which consists of twenty(20) lots.
The deadline to secure Final Subdivision Approval for Increment II under Change of
-1-
Zone Ordinance No. 07-160 was October 19, 2012. The reason for the time extension
request is based on the current serious economic slump. The applicant felt it was
unfeasible and not prudent to move forward with the project at this time considering
current construction costs.
The applicant is in compliance with a number of conditions required under
Change of Zone Ordinance No. 07-160. Increment I has been completed and the
applicant has secured 10 additional units of water to allow the subdivision of
Increment II. Additionally, the applicant has constructed the required Holoholo Street
extension to Nana Street and has dedicated the road to the County in compliance with
Condition F. Lastly, the applicant has agreed to offer for sale three(3) single-family
finished lots affordable to families earning up to 140%of the median family income for
the County of Hawaii to comply with Condition K(affordable housing requirements)of
Change of Zone Ordinance No. 07-160. The three(3) lots have not yet been designated.
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 that
are not the result or their fault or negligence. To date, the applicant has expended
considerable funds for the second increment of the project in preparing the roadway and
lot pads. The applicant has obtained the required water commitments from the
Department of Water Supply for the second increment, which will allow them to
construct infrastructure improvements and receive Final Subdivision Approval. .
Approval of this request would not be contrary to the General Plan nor the
original reasons for the granting of the Change of Zone. Since the original approval
of the change of zone request,the General Plan has been amended. The General Plan
Land Use Pattern Allocation Guide(LUPAG)Map has been revised from Urban
Expansion to Low Density Urban in this area. Change of Zone Ordinance No. 97-56
rezoned approximately 10.283 acres of land from an Agricultural (A-5a)to a Single
Family Residential(RS-l0) district. The original request to allow single family
residential uses continues to be consistent with the General Plan for this area.
Additionally, since the approval of the change of zone request, the Kona
Community Development Plan(KCDP)was adopted by Ordinance No. 08 131. The plan
-2-
•
identifies the property as located within Kona Urban Area(KUA). The request is based
on existing zoning and is consistent with the policies regarding existing zoning(Policy
LU-2.8—Development outside Transit-Oriented Developments (TOD's)but within the
Kona Urban Area) in the Kona Community Development Plan. Lastly, the request is not
contrary to the original reasons for granting the change of zone.
Based on the above findings, it is recommended that a favorable recommendation to
amend Change of Zone Ordinance 07-160 be forwarded to the County Council.
The accompanying draft bill reflecting an amendment to conditions of Ordinance
No. 07-160 is provided for your favorable consideration. (Material to be deleted is bracketed
and strike through and material to be added is underscored).
-3-
COUNTY OF HAWAII "'" ��' '':/: STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 07 160 WHICH AMENDED
ORDINANCE NO. 97 56, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL— 5
ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10)AT
KALAOA 4TH,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-028:082—
102 (FORMERLY 7-3-010:037).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 07 160 is amended as follows:
"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.
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 proposed second increment 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 amendment.
C. The subject property shall be subdivided in two increments. The first increment
shall consist of a maximum of twenty-four(24) lots based upon the units of water
available and committed to the applicant by the Department of Water Supply.
Subdivision of the second increment shall be submitted only after the Department
of Water Supply grants to the applicant the necessary water commitments for each
of the proposed lots of the second increment. No variance from the minimum
water requirements for any portion of the subject property shall be granted.
D. Final Subdivision Approval of the proposed second increment within the subject
property shall be secured from the Planning Director within five(5) years from the
effective date of this amendment.
E. Restrictive covenant in the deeds of all the proposed residential lots within the
subject property shall prohibit the construction of an ohana dwelling or a second
dwelling on each lot. A copy of the proposed covenant to be recorded with the
Bureau of Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant shall be recited in an instrument executed by the applicant and
the County and recorded with the Bureau of Conveyances in conjunction with the
issuance of Final Subdivision Approval for any portion of the subject property. A
copy of the recorded document shall be provided to the Planning Department
upon its receipt from the Bureau of Conveyances.
F. In conjunction with Final Subdivision Approval for any portion of the subject
property, Holoholo Street shall be extended through the subject property to
connect with Nana Street and constructed to dedicable standards with paved
swales,meeting with the approval of the Department of Public Works. This
roadway connection from the dedicated portion of Holoholo Street to Nana Street
shall be dedicated to the County of Hawaii upon completion.
-2-
G. Access to all lots within the proposed subdivision shall meet with the approval of
the Department of Public Works. Improvements within the proposed subdivision
shall include underground utilities.
H. Drainage improvements, if required, shall be constructed meeting with the
approval of the Department of Public Works in conjunction with Final
Subdivision Approval.
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-
Historic Preservation Division(DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
J. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The amount of the fair shall
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 payable prior to final subdivision approval for
any portion of the subject property or its increments. If the subject property is
subdivided in two or more increments, the amount of the fair share contribution
due and payable prior to final subdivision approval of each increment shall be a
sum calculated in the same manner according to the number of additional
proposed residential lots in each such increment. The fair share contribution may
be in a form of cash, land, facilities, or any combination thereof acceptable to the
director in consultation with the affected agencies. The fair share contribution
shall have a maximum combined value of[$10,368.57] $12,772.64 per single-
-3-
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:
1. [$4,999.91] $6,159.19 per single-family residential unit to the County to
support park and recreational improvements and facilities;
2. [$241.20] $297.12 per single-family residential unit to the County to
support police facilities;
3. [$476:39] $586.85 per single-family residential unit to the County to
support fire facilities;
4. [$208.57] $256.93 per single-family residential unit to the County to
support solid waste facilities;
5. [$4,442.50] $5,472.55 per single-family residential unit to the County to
support road and traffic improvements.
The fair share contributions described above shall be adjusted annually beginning
three years after the effective date of the change of zone, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair
share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation, fire,police, solid waste
disposal facilities and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the segment of roadway which establishes a roadway connection
between Holoholo and Nana Streets(exclusive of interior subdivision roads), as
-4--
set forth in Condition F, shall be credited against the sum specified in Condition
J(5) for road and traffic improvements. For purposes of administering Condition
J,the fair market value of land contributed for such roadway segment and the cost
of constructing its improvements shall be subject to the review and approval of
the director,upon consultation with the appropriate agencies.
K. 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 Hawai'i
County Code, Chapter 11, as it relates to affordable housing. Compliance with
Chapter 11 shall be approved by the Administrator of the Office of Housing and
Community Development for the entire project prior to receipt of Final
Subdivision Approval for the proposed second increment.
L. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
M. The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements;
N. 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.
O. 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 it original or more
appropriate designation."
-5-
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-6-
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/17-- AGRICULTURAL 5.ACRE e i
TO SINGLE FAMILY RESIDENT • nalinallfai
10.000-SQUARE FEET IRS-101
10.Z830ACRE3 A-S� na LmIIiii M
450 715 0 450 900 t 1800 22.'4 -t
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
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL 5-ACRE (A-52)
TO SINGLE FAMILY RESIDENTIAL 10,000-SQUARE FEET(RS-10)
AT KALAOA 4th, NORTH KONA , HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
f M!C 7-3-26:082-102(formally 7-3-010:037) Date:May 23,2007
EXHIBIT"A"
(8514 Kataoa,t_t.C:1234)•
FOR REFERENCE ONLY -- 3
CRS I OKalaoa-REZ854 jwd-11-26-12
RS10 KALAOA LLC
CHANGE OF ZONE ORDINANCE NO. 07-160 (REZ 854)
CONDITIONS OF APPROVAL
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 proposed second increment 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 amendment.
C. The subject property shall be subdivided in two increments. The first increment shall
consist of a maximum of twenty-four(24) lots based upon the units of water available
and committed to the applicant by the Department of Water Supply. Subdivision of the
second increment shall be submitted only after the Department of Water Supply grants to
the applicant the necessary water commitments for each of the proposed lots of the
second increment. No variance from the minimum water requirements for any portion of
the subject property shall be granted.
D. Final Subdivision Approval of the proposed second increment within the subject property
shall be secured from the Planning Director within five(5)years from the effective date
of this amendment.
E. Restrictive covenant in the deeds of all the proposed residential lots within the subject
property shall prohibit the construction of an ohana dwelling or a second dwelling on
each lot. A copy of the proposed covenant to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval prior to
the issuance of Final Subdivision Approval. A copy of the approved covenant shall be
recited in an instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval
for any portion of the subject property. A copy of the recorded document shall be
provided to the Planning Department upon its receipt from the Bureau of Conveyances.
F. In conjunction with Final Subdivision Approval for any portion of the subject property,
Holoholo Street shall be extended through the subject property to connect with Nana
Street and constructed to dedicable standards with paved swales,meeting with the
approval of the Department of Public Works. This roadway connection from the
dedicated portion of Holoholo Street to Nana Street shall be dedicated to the County of
Hawaii upon completion.
G. Access to all lots within the proposed subdivision shall meet with the approval of the
Department of Public Works. Improvements within the proposed subdivision shall
include underground utilities.
H. Drainage improvements, if required, shall be constructed meeting with the approval of
the Department of Public Works in conjunction with Final Subdivision Approval.
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-Historic Preservation Division
(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative
measures have been taken.
J. The applicant shall make its fair share contribution to mitigate the potential regional
impacts of the subject property with respect to parks and recreation, fire,police, solid
waste disposal facilities and roads. The amount of the fair shall 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
payable prior to final subdivision approval for any portion of the subject property or its
increments. If the subject property is subdivided in two or more increments, the amount
of the fair share contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number of
additional proposed residential lots in each such increment. The fair share contribution
may be in a form of cash, land, facilities, or any combination thereof acceptable to the
director in consultation with the affected agencies. The fair share contribution shall have
a maximum combined value of[$ 0x.57] $12,772.64 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:
1. ($4,999.91] $6,159.19 per single-family residential unit to the County to support
park and recreational improvements and facilities;
2. [$244.28] $297.12 per single-family residential unit to the County to support
police facilities;
3. [$479] $586.85 per single-family residential unit to the County to support fire
facilities;
4. [$288757] $256.93 per single-family residential unit to the County to support solid
waste facilities;
5. [$4544238] $5,472.55 per single-family residential unit to the County to support
road and traffic improvements.
The fair share contributions described above shall be adjusted annually beginning three
years after the effective date of the change of zone,based on the percentage change in the
Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution,the
applicant may construct and contribute improvements/facilities related to parks and
recreation, fire,police, solid waste disposal facilities and roads within the region
impacted by the proposed development, subject to the approval of the director. The cost
of providing and constructing the segment of roadway which establishes a roadway
connection between Holoholo and Nana Streets (exclusive of interior subdivision roads),
as set forth in Condition F, shall be credited against the sum specified in Condition J(5)
for road and traffic improvements. For purposes of administering Condition J, the fair
market value of land contributed for such roadway segment and the cost of constructing
its improvements shall be subject to the review and approval of the director,upon
consultation with the appropriate agencies.
K. 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 Hawai'i County Code,
Chapter 11, as it relates to affordable housing. Compliance with Chapter 11 shall be
approved by the Administrator of the Office of Housing and Community Development
for the entire project prior to receipt of Final Subdivision Approval for the proposed
second increment.
L. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
M. The applicant shall comply with all applicable County, State and Federal laws,rules,
regulations and requirements;
N. 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.
O. 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 it original or more appropriate
designation.
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