HomeMy WebLinkAboutCOM 0368.000 2012-2014 � . Managing Walter K.M.Lau
^ Director
William P.Kenoi • •
Mayor =
Randall M.Kurohara
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.- Deputy Managing Director
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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 Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740
(808)323-4444 • Fax(808)323-4440
July 22, 2013 COUNTY CLERK
COUNTY OF RAWAI 2
RECEIVED
Time IA 03 m•By
Date 0
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 705, Docket No. 90-000044)
Applicant: Kristilee&Henry J. Correa Jr. Trust(formerly Puluwai, LLC)
Request: 7-Year Time Extension to Comply With Condition C (Time to
Secure Final Subdivision Approval) and Condition K (Fair Share) of
Change of Zone Ordinance No. 05-110
Tax Map Key: 2-4-003:021
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 Windward Planning Commission's letter and
enclosures regarding the above-referenced matter.
Sincerely,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
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Comm. No. 3 (0 8
Ref. To: P
County of Hawaii is an Equal Opportum#y Provider and Employer, Ref. Date JUL 3 1 2013
-OF:".•NF'.
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
JUL 2 2 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 Council Members:
Change of Zone(REZ 705, Docket No. 90-000044)
Applicant: Kristilee&Henry J. Correa Jr. Trust(formerly Puluwai, LLC)
Request: 7-Year Time Extension to Comply With Condition C (Time to
Secure Final Subdivision Approval) and Condition K(Fair Share) of
Change of Zone Ordinance No. 05-110
Tax Map Key: 2-4-003:021
The Windward Planning Commission, at its duly held public hearing on July 11, 2013,
recommended for your approval the proposed legislative bill for time extensions to comply
with Condition C (secure final subdivision approval) and Condition K(deadline for fair share
payment) of Ordinance No. 05-110, which amended Ordinance 92-7 that rezoned approximately
6.003 acres of land from an Agricultural-3 acre(A-3a) to a Single-Family Residential— 10,000
square feet(RS-10)zoning district. The property is located along the north side of Kawailani
Street, adjacent to and east of the Life Care Center complex, Waiakea, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
Change of Zone Ordinance No. 92-7 was approved by the County Council to
change the district classification from Agricultural 3-acre(A-3a) to Single-Family
Residential 10,000 square feet (RS-10) to allow the subdivision of the property into
twenty-one approximately 10,000-square foot lots. The effective date of the ordinance is
January 22, 1992.
Hawai`i County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
The previous applicant, Puluwai, Inc, requested amendments to comply with
Condition B (time to secure water commitments), Condition C (time to submit and secure
final subdivision approval) and Condition 0 (annual progress report submittal). The
amendments were approved under Ordinance No. 05-110 effective on July 13, 2005.
The applicant is currently requesting a seven (7)-year time extension to comply
with Condition C (time to secure final subdivision approval) and Condition K(deadline
for fair share payment) of Ordinance No. 05 110.
As previously mentioned, the Planning Director is recommending a favorable
recommendation for the 7-year time extension to comply with Condition C (time to
secure final subdivision approval),but will be amending Condition K (deadline for fair
share payment)to require payment to become due and payable prior to receipt of Final
Subdivision Approval and not by a time deadline.
The amendment request is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and that
are not the result of their fault or negligence. The applicant purchased the subject
property in a partnership in 2008. With the downturn of the economy, one of the partners
was unable to continue and withdrew from the partnership. The applicant bought out that
portion of the property. In 2012, the other partner was forced to withdraw from the
partnership. Again, the applicant bought out the other portion of the property. With the
partnership dissolved, the subject parcel was put solely in the Correa Trust. As a result of
the economy's effect on the partnership, conditions were unable to be addressed or
completed. These unforeseen issues have caused delays that have prevented the applicant
from finishing the project by the deadline for compliance with Condition C and Condition
K.
Based on the reasons provided, it is determined that the applicant could not have
foreseen the poor economy and partnership pressures, which was beyond their control,
and was not the result of their fault or negligence.
Approval of this time extension request would not be contrary to the General
Plan, the Zoning Code, or the original reasons for the granting of the Change of
Zone. There have not been any significant changes to the General Plan for this area since
this request was originally approved that would affect this project. The request continues
to be consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG)
Map, which designate this area as Low Density Urban. These areas include residential,
with ancillary community and public uses, and neighborhood and convenience-type
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
commercial uses; overall residential density may be up to six units per acre. Additionally,
the use continues to be consistent with the Land Use element of the General Plan.
The requested Single-Family Residential zoning would continue to be consistent
and compatible with the transition of this particular section of the Waiakea area into
residential uses. This area consists mainly of residential subdivisions. To the west is the
Kula Ridge Residential Subdivision consisting of lots zoned RS-15, to the east is the
Komohana Estates Subdivision consisting of lots zoned RS-15 and to the south across
West Kawailani Street is the Ku'ulei Subdivision consisting of lots zoned RS-10, as well
as other residential subdivisions.
The request is not contrary to Zoning Code and is not contrary to the original
reasons for granting the change of zone. The property is located within an area
adequately served with essential services and facilities such as water, transportation
systems and other utilities. Access to the property will be from an adjacent 50-foot
roadway lot that runs along the western boundary, which connects to West Kawailani
Street. Condition D of Change of Zone Ordinance No. 05-110 requires that interior
subdivision roads be provided with curbs, gutters and sidewalks meeting with the
approval of the Department of Public Works. Additionally, Condition F requires a
10-foot wide road widening strip along the Kawailani Street frontage of the property.
Lastly, a condition of tentative approval for SUB 92-000010 requires an additional
10-foot wide"no vehicular access"planting screen easement along with the 10-foot wide
road widening strip,which runs along the Kawailani Street frontage of the property.
Based on the above discussion, the granting of the amendment request continues
to be consistent with, and not contrary to, the General Plan, Zoning Code, and the original
reasons for granting the change of zone.
Based on the above findings, it is recommended that a favorable recommendation
of the applicant's request to amend Change of Zone Ordinance 05-110, along with other
housekeeping amendments,be forwarded to the Hawai`i County Council.
For your favorable consideration, an amendment to Ordinance No. 05-110 is transmitted.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
Powerpoint presentation for your information.
Sincerely,
Wallace A. Ishibashi, Jr., Chairman
Windward Planning Commission
Lcorrearez705wpc2
Enclosures
cc: Ms. Lori Mikkelson
Kristilee& Henry J. Correa Jr. Trust
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
William Brilhante, Esq., Corporation Counsel
BCorreaAmendREZ705 jwd-06-19-13
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KRISTILEE & HENRY J. CORREA JR. TRUST
CHANGE OF ZONE ORDINANCE NO. 05-110 (REZ NO. 705)
AMENDMENT TO CONDITIONS C AND K
KRISTILEE & HENRY J. CORREA JR. TRUST has submitted a request for time extensions
to comply with Condition C (time to secure final subdivision approval) and Condition K
(deadline for fair share payment) of Ordinance No. 05-110, which amended Ordinance 92-7 that
rezoned approximately 6.003 acres of land from an Agricultural-3 acre (A-3a)to a Single-Family
Residential-10,000 square feet (RS-10) zoning district. The property is located along the north
side of Kawailani Street, adjacent to and east of the Life Care Center complex, Waiakea, South
Hilo, Hawai`i, TMK: 2-4-003:021
APPLICANT'S REQUEST
1. Request: The applicant, (formerly Puluwai, LLC), is requesting a seven(7)-year time
extension to comply with Condition C (time to secure final subdivision approval) and
Condition K(deadline for fair share payment) of Ordinance No. 05 110, which amended
Ordinance No. 92-7, which changed the district classification from Agricultural 3-acres
(A-3a) to Single-Family Residential 10,000 square feet (RS-10)to allow the subdivision
of the property into twenty-one approximately 10,000-square foot lots. (Planning
Department Exhibit 1 —Amendment Application dated May 17,2013)
2. Reason for the Request: According to the applicant, the subject property was purchased
as a partnership in 2008. With the downturn of the economy, one of the partners was
unable to continue and withdrew from the partnership. The applicant bought out that
portion of the property. In 2012,the other partner was forced to withdraw from the
partnership. Again,the applicant bought out the other portion of the property. With the
partnership dissolved, the subject parcel was put solely in the Correa Trust. As a result of
the economy's effect on the partnership, conditions were unable to be addressed or
satisfied.
Attachment to: Corm. 368
-1- Bill 104
BACKGROUND INFORMATION
3. January 22, 1992: Effective date of Ordinance No. 92 7 which amended the zoning
district classification from Agricultural (A-3a) to Single-Family Residential (RS-10). The
applicant was Puluwai, LLC.
4. March 13, 1992: Date of Tentative Approval of the preliminary plat map for
Subdivision No. 92-000010. (Planning Department Exhibit 2—Tentative Approval
Letter Dated March 13, 1992)
5. March 15, 1993: Acknowledgement of the submittal of nine(9) copies of the final
subdivision plat maps.
6. November 29, 1994: Administrative extension of time granted to March 13, 1996 to
comply with Condition C of Ordinance No. 92 7.
7. July 13,2005: Effective date of Ordinance No. 05 110, which amended Ordinance
No. 92-7 to allow amendments for Condition B (time to secure water commitments),
Condition C (time to submit and secure final subdivision approval) and Condition 0
(annual progress report submittal).
DESCRIPTION OF STATE AND COUNTY PLANS
8. General Plan LUPAG Map: Low Density Urban.
9. State Land Use Designation: Urban.
10. County Zoning: Single-Family Residential (RS-10).
11. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the
Planning Commission, Resolution No. 1 on May 21, 1975. The Land Use Concept Map
reflects RS-10 and RS-15 zoning for this area.
12. Special Management Area(SMA): The property is not located within the Special
Management Area(SMA).
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
13. Subject Property: There are property is rectangular in shape and is 6.003 acres in size.
It is currently vacant of uses and structures. It is currently overgrown with trees.
14. Surrounding Zoning/Land Uses: The surrounding properties to the north, east and west
consists of lots zoned A-3a. The property to the west is the site of the Life Care Center,
which was approved by Special Permit No. 187 in 1971. Further west is the Kula Ridge
-2-
Residential Subdivision consisting of lots zoned RS-15. Further east is the Komohana
Estates Subdivision consisting of lots zoned RS-15. To the south across West Kawailani
Street is the Ku'ulei Subdivision consisting of lots zoned RS-10, as well as other single-
family residential subdivisions.
15. FIRM: According to the previous Flood Insurance Rate Map (FIRM)prepared by the
U.S. Army Corps of Engineers, the project site was determined to be in Zones "X", an
area outside the 500-year flood plain, and"AH", an area of flood depths of 1 to 3 feet.
The FIRM designated this area as a portion of the Waiakea Stream Tributary No. 1. In
2011, the Federal Emergency Management Area(FEMA)issued a Preliminary Digital
Flood Insurance Rate Maps (Preliminary DFIRMS)that will revise the current Flood
Insurance Rate Maps (FIRMs) and will affect the subject property. Lastly, FEMA
previously issued a Conditional Letter Of Map Revision (CLOMR)based on the
proposed construction plans.
PUBLIC FACILITIES
16. Access: Access to the property will be from an adjacent 50-foot roadway lot that runs
along the western boundary, which connects to West Kawailani Street. Condition D of
Change of Zone Ordinance No. 05-110 states that access to the proposed lots shall meet
with the approval of the Department of Public Works. Other conditions of the change of
zone requires that driveway connections to Kawailani Street shall conform to Chapter 22,
Street and Sidewalks, of the Hawai`i County Code with interior subdivision roads
provided with curbs, gutters and sidewalks meeting with the approval of the Department
of Public Works. Additionally, Condition F required a 10-foot wide road widening strip
along the Kawailani Street frontage of the property. Lastly, a condition of tentative
subdivision approval for SUB 92-000010 requires an additional 10-foot wide"no
vehicular access"planting screen easement along with the 10-foot wide road widening
strip,which runs along the Kawailani Street frontage of the property.
17. Water: County water is available for the proposed development.
18. Wastewater: Condition H requires that the method of sewage disposal shall meet with
the approval of the appropriate government agencies. The original application stated that
sewage disposal would be by individual treatment systems.
-3-
19. Utilities/Services: Police services are available at the main station on Kapiolani Street
and fire protection services are located in close proximity at the Kawailani Fire Station on
West Kawailani Street next to the Hilo Municipal Golf Course. Electric and telephone
services are available to the site.
AGENCIES' COMMENTS
20. Department of Public Works: (Planning Department Exhibit 3—June 14,2013
Memo)
21. Department of Environmental Management: (Planning Department Exhibit 4—
June 12, 2013 Memos)
22. Fire Department: (Planning Department Exhibit 5—June 10, 2013 Memo)
23. Department of Health: (Planning Department Exhibit 6—May 29,2013 Memo)
AGENCIES -NO RESPONSE
24. Department of Water Supply,Police Department and Department of Land and
Natural Resources Land Division and Historic Preservation Division.
PUBLIC COMMENTS
25. As of this writing, the Planning Department has not received any written comments or
objections from the general public or adjacent landowners on the subject application.
-4-
I
Request for an Amendment to Ordinance
No. 05 110, Bill No. 92
Allow for an Extension of Time to Meet the Conditions of the Ordinance
I TMK (3) 2-4-003:021
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I Planning Dept.
Exhibit
I
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, HI 96720
May 17, 2013
Subject: Request for an Amendment to Rezoning Ordinance(No. 05-110—Bill No. 92);
Allow for an Extension of Time to Meet the Conditions of the Ordinance.
TMK(3)2-4-003-(POR.)021
Owner: Kristilee and Henry J. Correa Jr. Trust
Agent: All Aina Services
To Whom It May Concern:
The owners of the subject property are requesting an extension of time of seven(7)years
allowance for the completion of conditions"C"&"K".
To address condition"C"as per Ordinance No. 05 110,Bill No. 92:
C. Final Subdivision Approval of the proposed subdivision development shall be
secured within five(5)years from the effective date of this amendment,July 13, 2005;
• The partnership situation made moving forward within the required tiineframe
impossible. However, with the lingering issues from the partnership resolved,and with
the approval of the requested amendment;Mr. &Mrs. Correa intend to move forward.
To address condition"K", as per Ordinance No. 05-110,Bill No. 92
K. The application shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police, solid
waste disposal facilities,and roads. The fair share contribution shall be initially based on
the representations within the change of zone application and may be increased or
reduced proportionally if the lot counts are adjusted. The fair share contribution shall
become due and payable prior to receipt of Final Plat Approval or within five years from
the effective date of this amended change of zone ordinance, whichever occurs first. The
fair share contribution for each lot shall be based on a maximum density for each lot, as
determined by the zoning resulting from this change of zone. The fair share contribution
in the form of cash, land, facilities, or any combination thereof shall be determined by the
County Council. The fair share contribution may be adjusted annually beginning three
years after the effective date of the amendment to the ordinance,based on the percentage
change in the Honolulu Consumer Price Index(HCPI). The fair share contribution shall
1
have a maximum combined value of$9671.44 per single family residential unit. Based
upon the applicant's representation of intent to develop, a total of nineteen(19) single
family residential units,this indicated total of fair share contribution is $183,757.36 for
single family residential units. However,the total amount shall be increased or reduced in
proportion with the actual number of units according to the calculation and payment
I provisions set forth in this condition. The fair share contribution per single family
residential until shall be allocated, as follows:
• $4663.74 per single family residential until for the nineteen(19)single family
residential units for an indicated total of$88,611.06 to the County to support park
and recreational improvements and facilities;
• $224.98 per single family residential unit for the nineteen eteen(19) single family
residential units for an indicated total of$4,274.62 to the County to support police
facilities;
• $444.36 per single family residential unit for the nineteen(19)single family
residential units for an indicated total of$8,442.84 to the County to support fire
facilities;
• $194.55 per single family residential unit for the nineteen (19)single family
residential units for an indicated total of$3,696.45 to the County to support
solid waste facilities;
• $4,143.81 per single family residential unit for the nineteen(19) single family
residential units for an indicated total of$78,732.39 to the County to support road
and traffic improvements:
In lieu of paying the fair share contribution,the applicant may contribute land, and/or
construct improvements/facilities and roads within the region impacted by the proposed
development, subject to the review and recommendation of the Planning Director, upon
consultation with the appropriate agencies and approval of the County Council.
• In response to"K",the requirements of the fair share contribution:
As the effective date of this amendment was July 13, 2005, Mr. Correa
understands that there will likely be an adjustment of the fair share contribution to
an approved amendment. Please note that due to the situation regarding the
"partnership"no fair share contribution has been made to date.
To address condition"U", as per Ordinance No. 05 110, Bill No. 92:
U. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the amendment to the ordinance. The report shall
include, but not limited to,the status of the development and the extent to which the
conditions of approval are being satisfied. This condition shall remain in effect until all of
the conditions of the approved have been complied with and the e Planning Director
acknowledges that further reports are not required.
• After conferring with Planning Department staff, the best way to address an
extension request is to request an additional amendment, based on the information
provided herein. The applicant is requesting a seven(7)year allotment of time to
complete the conditions of the original ordinance. This request would allow for the
ongoing improvement of the economy to benefit the proposed development.
Reason for request:
The subject parcel was purchased as a"partnership" in 2008. With the downturn of the
economy, one of the partners was unable to continue and withdrew from the partnership;
Mr. Correa bought out that portion of the property. In 2012 the other partner was forced
to withdraw from the partnership;again,Mr. Correa bought out the other portion of the
property. With the partnership dissolved,the subject parcel was put solely in the Correa
Trust.
Due to the economy's effect on the partnership, conditions were unable to be addressed
or completed. However,Mr. &Mrs. Correa are requesting an amendment to the
ordinance to allow for an extension of time for the performance of conditions.
The partnership situation made moving forward within the required timeframe
impossible. However, with the lingering issues from the partnership resolved,and with.
the approval of the requested amendment;Mr. &Mrs. Correa intend to move forward.
Final Subdivision Approval of the proposed subdivision development shall be secured
within five(5) years from the effective date of this amendment,July 13, 2005 ;
• The partnership situation made moving forward within the required timeframe
impossible. However, with the lingering issues from the partnership resolved, and with
the approval of the requested amendment; Mr. &Mrs. Correa intend to move forward.
The subject ordinance was approved by the County of Hawaii, County Council on
July 13, 2005. The ordinance (No. 92-7)was amended as follows:
"Section 1, 25-8-33, Article 8,Chapter 25 (Zoning Code)of the Hawaii
County Code is amended to change the district classification of property
described herein as follows:"
"The district classification of the following area, situated at Waiakea, South
Hilo, Hawaii, shall be Single Family Residential (RS-10)"
An extension of time for the performance of conditions within the ordinance may be
granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicants, successors, or assigns; and are not the result
of their fault or negligence;
• The subject parcel was purchase as a"partnership" in 2008. With the downturn of
the economy,one of the partners was unable to continue and withdrew from the
partnership; Mr. Correa bought out that portion of the property. In 2012 the other partner
was forced to withdraw from the partnership; again,Mr. Correa bought out the other
portion of the property. With the partnership dissolved,the subject parcel was put solely
in the Correa Trust.
• Due to the economy's effect on the partnership, conditions were unable to be
Y p p
addressed or completed. However,Mr. &Mrs. Correa are requesting an amendment to
the ordinance to allow for an extension of time for the performance of conditions.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code;
• In 1991, at the time of the original approval for Change of Zone,#90-44. The
requested zone change conformed to the General Plan Land Use Patten Allocation Guide
(LUPAG)Map which designated the property for Low Density Urban Development.
Such a designation allowed for single-family residential uses, provided that applicable
goals,policies,and standards of the General Plan were met. Furthermore,the proposed
zoning was consistent with the recommendation of Hilo Community Development Plan..
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the Change of Zone;
• Based on the original approval, it was determined that the requested zone change
would still result in an appropriate land use pattern that will continue to further public
necessity,convenience, and the general welfare.
Thank you for your consideration of this matter.
Sincerely,
Lori Mikkelson
All Aina Services
P.O. Box 291
Laupahoehoe, HI 96764
(808) 969-3882
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EXHIBIT 1
ORDINANCE NO. 05 110,BILL NO. 92
Effective Date: July 13, 2005
COUNTY OF HAWAII
(g-s,..c..
��= *�':+ STATE OF HAWAII
•. gp•oi'N�N
BILL NO. 92
(Draft 2)
ORDINANCE NO. 05 110
AN ORDINANCE AMENDING ORDINANCE NO. 92 7, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL (A-3a)TO SINGLE FAMILY RESIDENTIAL(RS-10)AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-3:POR. 21.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Ordinance No. 92 7 is amended as follows:
"SECTION 1. Section [25 111]25-8=33,Article [3.] 8, Chapter 25 (Zoning Code)of the
Hawai`i County Code, is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Single Family Residential(RS-10):
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. [, : . .. _. - .• __ - _ _ _ = e _..•- :' • ' ' - • • - = - - - = • _ - _] the required water
commitment payment shall be submitted to the Department of Water Supply in
accordance with its "Water Commitment Guidelines Policy" within ninety days from the
effective date of this amendment;
C. [ - •: : . . . . . __ - . :. . - - - ' - .. _ . _ - •_
• • . -- - • = • ] Final Subdivision Approval of the proposed
subdivision development shall be secured within five (5)years from the effective date of
this amendment;
-1-
D. access to the proposed lots shall meet with the approval of the Department of Public
Works. All driveway connections to Kawailani Street shall conform to Chapter 22,
Streets and Sidewalks,of the Hawaii County Code. Interior subdivision roads shall be
provided with curbs, gutters,and sidewalks meeting the approval of the Department of
Public Works;
E. underground utilities shall be constructed;
F. a 10-foot wide road widening strip along the Kawailani Street frontage of the property
shall be set aside and delineated on the subdivision plans. All structural setbacks shall be
taken from this future road widening line;
G. [: . - . . . . • . . ., , . . :. . . , : _.. _ •
_
A drainage study of the property, if required, shall be prepared by a licensed civil
engineer and submitted to the Department of Public Works prior to issuance of a
construction •ermit. Draina_e im•rovements if re•uired shall be constructed meetin
with the approval of the Department of Public Works;
H. The method of sewage disposal shall meet with the approval of the appropriate
government agencies;
1. all development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties;
J. should any remains of historic sites,such as rock walls,terraces,platforms,marine shell
concentrations or human burials be encountered, work in the immediate area shall cease
and the Department of Land and Natural Resources-State Historic Preservation Division
(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken;
K. the applicant shall make its fair share contribution to mitigate the potential regional
impacts of the property with respect to parks and recreation, fire,police, solid waste
disposal facilities and roads. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be increased or
reduced proportionally if the lot counts are adjusted. The fair share contribution shall
become due and payable prior to receipt of Final Plan Approval or within five years from
the effective date of this amended change of zone ordinance,whichever occurs first. The
fair share contribution for each lot shall be based on a maximum density for each lot as
determined by the zoning resulting from this change of zone. The fair share shall apply
to all lots in excess of two lots allowed by current zoning. The fair share contribution in
a form of cash, Iand, facilities or any combination thereof shall be determined by the
County Council. The fair share contribution may be adjusted annually beginning three
years after the effective date of the amendment to the ordinance, based on the percentage
change in the Honolulu Consumer Price Index(HCPI). The fair share contribution shall
have a maximum combined value of$9,671.44 per single-family residential unit. Based
upon the applicant's representation of intent to develop a total of nineteen (19)single-
family residential units,the indicated total of fair share contribution is$183,757.36 for
the single-family residential units. However,the total amount shall be increased or
reduced in proportion with the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per single-
family residential unit shall be allocated as follows:
• $4,663.74 per single-family residential unit for the nineteen(19) single-
family residential units for an indicated total of$88,611.06 to the County to
support park and recreational improvements and facilities;
• $224.98 per single-family residential unit for the nineteen(19)single-family
residential units for an indicated total of$4,274.62 to the County to support
police facilities;
• $444.36 per single-family residential unit for the nineteen(19)single-family
residential units for an indicated total of$8,442.84 to the County to support
fire facilities;
• $194.55 per single-family residential unit for the nineteen (19) single-family
residential units for an indicated total of$3,696.45 to the County to support
solid waste facilities;
-3-
• $4,14181 per single-family residential unit for the nineteen(19)single-
family residential units for an indicated total of$78,732.39 to the County to
support road and traffic improvements;
In lieu of paying the fair share contribution,the applicant may contribute land and/or
construct improvements/facilities related to parks and recreation, fire, police, solid
waste disposal facilities and roads within the region impacted by the proposed
develo.ment sub'ect to the review and recommendation of the Plannin Director
upon consultation with the appropriate agencies and approval of the County Council.
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exaction or the assessment of impact fees,conditions included herein
shall be credited towards the requirements of the Unified Impact Fees Ordinance.
[MN. to ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, [ . . . . - , - ' -_ . - : • _. • • .
C-ewity-iieng-Ageiley] the applicant shall comply with the requirements of
Chapter 11, Article 1,Hawaii County Code relating to Affordable Housing Policy.
This requirement shall be approved by the County Housing Agency prior to final
subdivision approval;
[3-] O. restrictive covenants in the deeds of all residential zoned lots shall prohibit the
construction of[elan dwelling.-units] a second dwelling unit and condominium
rope regimes on each lot. This restriction may be removed by amendment ndment of this
-4-
•
ordinance by the County Council. The owner of the property may also, in addition,
impose private covenants restricting the number of dwellings. A copy of the
proposed covenant(s)to be recorded with the State Bureau of Conveyances shall be
submitted to the Planning Department for review and approval prior to the issuance
of final subdivision approval. [ • _ . . . .- . , - -. - . _ _ _
.• - . - . .. . . . •-_ a -- --_ ,
.. . . . - -- - . .. - . ] A copy of
[a—typically-reserded]the recorded covenant shall be filed with the Planning
Department [ • - _ . - - .. - . . ._• • . .: . . ] upon its
receipt from the Bureau of Conveyances;
P. there shall be no construction of single-family dwellings and related improvements,
other substantial buildings, or subdivision roads within areas designated "AE", "AH"
or"shaded"Zone "X" by the Flood Insurance Rate Maps(FIRM)except that
subdivision roads can be built in"shaded" Zone "X". Restrictive covenants in the
deeds of all lots shall live notice of the terms of this rezonin condition. No
residential lots may be created which lack a buildable area. This restriction may be
removed by amendment of this ordinance by the County Council. A copy of the
proposed covenants)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 recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
[l ]Q, should any infrastructure improvements related to Kawailani/Komohana intersection
be required of future developers,the applicants, successors or assigns of this project
shall work with the Planning Department to pay for their pro rata share of
improvements. The pro rata share determination and its implementation shall be
approved by the Planning Department in consultation with the Department of Public
Works or any County agency having jurisdiction over any future infrastructure
improvements;
[L:] R. the applicant, successors or assigns shall be responsible for paying any additional real
property taxes owed as a result of withdrawing the property from dedicated
agricultural use to residential use prior to the sale of any lot;
-5-
[l j._ [: . , : . .: '_. : - . , . - , . - , -. .' : - - • •
.
with] the applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements;
[N} T. should the council adopt a Unified Impact Fees ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees, conditions included herein
may, at the applicants'election, be satisfied by performance in accordance with the
requirements of the Unified Impact Fees Ordinance;
[8:] U. an annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the amendment to the [change-of zone]
ordinance. The report shall jaddres] include, but not be limited to,the status of the
development and the extent to which [eompliance-vv ] the conditions of approval
are being satisfied. This condition shall remain in effect until all of the conditions of
approval have been complied with and the Planning Director acknowledges that
further reports are not required;and
•
,
the Zoning Gefiet
[Further, should] Should any of the conditions not be met or substantially complied
with in a timely fashion,the Planning Director [shall] may initiate rezoning of the
area to its original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and material to be added is underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
ODUCE b BY:
Oro
COUNCIL ' 'r`.ER, C• •
' II / :
COUN IL ME,,fR, COUNTY OF AI`I
Hilo ,Hawai`i
Date of Introduction: June 15, 2005
Date of 1st Reading: June 15, 2005
Date of 2nd Reading: July 7, 2005
Effective Date: July 13, 2005
REFERENCE: Comm. 2411
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S iR'3- IC R3 18
AMENDMENT TO THE ZONING
CODE
AMENDING sECT1ON 25-114 (CITY OF 1-t I Lo 'ZONE MAP)
At?T1CLE 3, CHAPTER 2E. (ZONING CODE) OF THE
HAWAII COUNT? CODE ray CHANGING THE DISTRICT
Ct_A90tt`1cAT1oN FROM AGRtcULTU14AL. (A-ac) T
1NELE FArse1tL'f tieEsUDENT1AL (145-toy AT WAIA-
P(EA , SOUTH H I L.O, HAYVAI I. •
I I " :Pnmico,c∎Reo a PLNNINCOUNTY.- to ) OC-: -ar lm,ir_ uw
nly,Kawai ani Estates Paters H A
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawaii
Introduced By: Pete Hoffmann/K. Angel Pilago '?' j :. Rola:{/c1AL1L$TOTE
AYS �� �� •Y : j '.: -
Date Introduced: June 15, 2005 AYES NOES ABS Eli
First Reading: June 15, 2005 Arakaki _ X
Published: June 26, 2006 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 0 1 0
Second Reading: July 7, 2005
To Mayor: July 8, 2005
ROLL CALL VOTE
Returned: July 14, 2005
AYES NOES ABS EX
Effective: July 13, 2005 Arakaki X
Published: July 20, 2 0 0 5 Higa X
Hoffmann X
REMARKS:
Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND.LEGA ��a
�/---,. 7e/-'
%'� . ff �V COUNCIL CHAIRMAN
DEPUTY CORPORATION COUNSEL gen2dGet&COUNTY OF 1 4W API - -
Date k'�-f (Z.3- . ' COUNTY CLERK
•
Bill No.: 92 (Draft 2)
Apr isapproved this 13 day Reference: C-241.1/PC-23
of J will , 20 OS Ord No.: 0 jai
:TINGMAYOR, COUNTY OF HAWAII
EXHIBIT 2
ANNUAL PROGRESS REPORT
A. The applicant, successors, or assigns shall be responsible for complying with all
of the stated conditions of the approval;
• The subject parcel was purchase as a"partnership" in 2008. With the downturn of
the economy, one of the partners was unable to continue and withdrew from the
partnership;Mr. Correa bought out that portion of the property. In 2012 the other partner
was forced to withdraw from the partnership; again,Mr. Correa bought out the other
portion of the property. With the partnership dissolved,the subject parcel was put solely
in the Correa Trust.
• Due to the economy's effect on the partnership, conditions were unable to be
addressed or completed. However,Mr. &Mrs. Correa are requesting an amendment to
the ordinance to allow for an extension of time for the performance of conditions.
B. The required water commitment payment was submitted to the Department of
Water Supply(DWS), in accordance with its"Water Commitment Guidelines Policy"
within ninety (90)days from the effective date of this amendment;
• A water commitment payment was submitted to the DWS,but has since expired.
Another water commitment will be submitted with the approval of the requested
amendment.
C. Final Subdivision Approval of the proposed subdivision development shall be
secured within five (5)years from the effective date of this amendment,July 13,2005;
• The partnership situation made moving forward within the required timeframe
impossible. However, with the lingering issues from the partnership resolved,and with
the approval of the requested amendment;Mr. &Mrs. Correa intend to move forward.
D. All driveway connections to Kawailani Street shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code. Interior subdivision roads shall be provided
with curbs, gutters, and sidewalks meeting the approval of the County of Hawaii,
Department of Public Works;
• To date, no driveway connections have been made,either on the exterior of the
proposed subdivision or on the interior of the proposed subdivision.
E. Underground utilities shall be constructed;
• To date, no utility work has been constructed.
F. A ten(10) foot wide road widening strip along the Kawailani Street frontage of
the property shall be set aside and delineated on the subdivision plans. All structural
setbacks shall be taken from this future road widening line;
• The required ten(10) foot wide road widening strip will be included within the
plans for the final subdivision. All structural plans setbacks will be taken from the future
road widening line.
G. A drainage study of the property, if required, shall be prepared by a licensed civil
engineer and submitted to the County of Hawaii,Department of Public Works prior to
issuance of a construction permit. Drainage Improvements, if required, shall be
constructed,meeting with the approval of the Department of Public Works;
• A civil engineer will be consulted and provide all necessary drainage information
prior to final subdivision plat.
H. The method of sewage disposal shall meet with the approval of the appropriate
government agencies;
• A civil engineer will be consulted to provide design(s)and approval(s)for
individual wastewater systems(IWS)with the appropriate government agencies.
I. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties;
• To date,there is no ongoing development on the subject parcel. Any and all
development-generated runoff will be disposed of on site and will not be directed toward
any adjacent properties.
J. 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&Natural Resources, State Historic
Preservation Division(DLNR-SHPD) shall be immediately notified. Subsequent work
shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that
sufficient mitigation measures have been taken;
• There is no ongoing development on the subject parcel. The requirements and
concerns of the DLNR-SHPD are fully understood.
K. The application shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police, solid
waste disposal facilities,and roads. The fair share contribution shall be initially based on
the representations within the change of zone application and may be increased or
reduced proportionally if the lot counts are adjusted. The fair share contribution shall
become due and payable prior to receipt of Final Plat Approval or within five years from
the effective date of this amended change of zone ordinance, whichever occurs first. The
fair share contribution for each lot shall be based on a maximum density for each lot, as
determined by the zoning resulting from this change of zone. The fair share contribution
in a form of cash, land, facilities,or any combination thereof shall be determined by the
County Council. The fair share contribution may be adjusted annually beginning three
years after the effective date of the amendment to the ordinance, based on the percentage
change in the Honolulu Consumer Price Index(HCPI). The fair share contribution shall
have a maximum combined value of$9,671.44 per single family residential unit. Based
upon the applicant's representation of intent to develop, a total of nineteen(19) single
family residential units, this indicated total of fair share contribution is $183,757.36 for
single family residential units. However, the total amount shall be increased or reduced in
proportion with the actual number of units according to the calculation and payment
provisions set forth in this condition. The fair share contribution per single family
residential until shall be allocated, as follows:
• $4663.74 per single family residential unit for the nineteen(19) single family
residential units for an indicated total of$88,611.06 to the County to support park and
recreational improvements and facilities;
• $224.98 per single family residential until for the nineteen(19)single family
residential units for an indicated total of$4,274.62 to the County to support police
facilities;
• $444.36 per single family residential unit for the nineteen (19) single family
residential units for an indicated total of$8,442.84 to the County to support fire facilities;
• $194.55 per single family residential unit for the nineteen (19) single family
residential units for an indicated total of$3696.45 to the County to support solid waste
facilities;
• $4,143.81 per single family residential unit for the nineteen(19) single family
residential units for an indicated total of$78,732.39 to the County to support road and
traffic improvements;
In lieu of paying the fair share contribution,the applicant may contribute land,
and/or construct improvements/facilities and roads within the region impacted by
the proposed development, subject to the review and recommendation of the
Planning Director,upon consultation with the appropriate agencies and approval
of the County Council.
• In response to the requirements of the fair share.
As the effective date of this amendment was July 13, 2005,Mr. Correa understands that
there will likely be an adjustment of the fair share contribution to an approved
amendment. Please note that due to the situation regarding the"partnership"no fair share
contribution has been made to date.
L. (Please note that there was no "L" included within Ordinance No. 05-110,Bill
No. 92, Draft 2)
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of the exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees Ordinance;
• To date the County Council has not adopted a Unified Impact Fees Ordinance.
N. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,Article
1,Hawaii County Code relating to Affordable Housing Policy. This requirement shall be
approved by the County Housing Agency prior to final subdivision approval;
• There are no defined plans for the proposed development, at this time. However,
when the plans are ready to move forward the applicant will comply with the
requirements of Chapter 11,Article 1, Hawaii County Code relating to the Affordable
Housing Policy.
O. Restrictive covenants in the deeds of all residential zoned lots shall prohibit the
construction of a second dwelling unit and condominium property regimes on each lot.
This restriction may be removed by amendment of this ordinance of the County Council.
The owner of the property may also, in addition, impose private covenants restricting the
number of dwellings. A copy of the proposed covenant(s)to be recorded with the State
Bureau of Conveyances shall be submitted the Planning Department for review and
approval prior to the issuance of final subdivision approval. A copy of the recorded
covenant shall be filed with the planning Department upon its receipt from the Bureau of
Conveyances;
P. There shall be no construction of single family dwellings and related
improvements, other than substantial buildings, or subdivision roads within areas
designated"AE", "AH"or"shaded"Zone"X"by the Flood Insurance Rate Maps
(FIRM)except that subdivision roads can be built in"shaded"Zone "X". Restrictive
covenants in the deeds of all lots shall give notice of the terms of this rezoning condition.
No residential lots may be created which lack a buildable area. This restriction may be
removed by amendment of this ordinance by the County Council. A copy of the proposed
covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the
Planning Director of review and approval prior to the issuance of Final Subdivision
Approval. A copy of the recorded document shall be filed with the Planning Department
upon its receipt from the Bureau of Conveyances;
Q. Should any infrastructure improvements related to Kawailani/Komohana
intersections be required of future developers,the applicants, successors or assigns of this
project shall work with the Planning Department to pay for their pro rata share of
improvements. The pro rata share determination and its implementation shall be approved
by the Planning Department in consultation with the Department of Public Works or any
County agency having jurisdiction over any future infrastructure improvements:
R. The applicant, successors, or assigns shall be responsible for paying any
additional real property taxes owed as a result of withdrawing the property for dedicated
agricultural use to residential use prior to the sale of any lot;
S. The applicant shall comply with all applicable County, State, and Federal laws,
rules,regulations, and requirements;
T. Should the Council adopt a Unified Fees ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees,conditions included herein may,
at the applicant's election,be satisfied by performance in accordance with the
requirements of the Unified Impact Fee Ordinance.
• To date,the council has not adopted a Unified Fees Ordinance.
U. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the amendment to the ordinance. The report shall
include,but not limited to,the status of the development and the extent to which the
conditions of approval are being satisfied. This condition shall remain in effect until all of
the conditions of the approved have been complied with and the Planning Director
acknowledges that further reports are not required.
• Please note that"U." of the ordinance which addresses a possible of extension
time was"lined out"or removed from the Ordinance Amendment. Section 2 of the
ordinance notes"Material to be deleted is bracketed and material to be added is
underscored.
• After conferring with Planning Department staff,the best way to address an
extension request is to request an additional amendment,based on the information
provided herein. The applicant is requesting a seven(7) year allotment of time to
complete the conditions of the original ordinance. This request would allow for the
ongoing improvement of the economy to benefit the proposed development.
I
I
I
V. An extension of time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicants, successors,or assigns; and are not the result
of their fault or negligence;
• The subject parcel was purchase as a"partnership"in 2008. With the downturn of
the economy, one of the partners was unable to continue and withdrew from the
partnership; Mr. Correa bought out that portion of the property. In 2012 the other partner
was forced to withdraw from the partnership; again,Mr. Correa bought out the other
portion of the property. With the partnership dissolved, the subject parcel was put solely
in the Correa Trust.
• Due to the economy's effect on the artnershi , conditions were unable to be
p P
addressed or completed. However,Mr. &Mrs. Correa are requesting an amendment to
the ordinance to allow for an extension of time for the performance of conditions.
2 Granting of the time extension would not be contrary to the General Plan or
Zoning Code;
• In 1991,. at the time of the original approval for Change of Zone,#90-44. The
requested zone change conformed to the General Plan Land Use Patten Allocation Guide
(LUPAG)Map which designated the property for Low Density Urban Development.
Such a designation allowed for a single-family residential uses,provided that applicable
goals,policies, and standards of the General Plan were met. Furthermore,the proposed
zoning was consistent with the recommendation of Hilo Community Development Plan.
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the Change of Zone;
• Based on the original approval, it was determined that the requested zone change
would still result in an appropriate land use pattern that will continue to further public
necessity, convenience,and the general welfare.
Aft
March 13, 1992
Mr. Dennis Shigeoka, P.E.
The Keith Companies-Hawaii, Inc.
400 Hualani Street, Suite 20-D
Hilo, HI 96720
Dear Mr. Shigeoka:
Subdivider: Kawailani Estates Partnership
Proposed subdivision of Lot 619-A-1
Into Lots 1 to 21, Inclusive
Being portion of Grant 10, 897
Waiakea Homesteads, 2nd Series,
Waiakea, South Hilo, Hawaii
TMK: 2-4-03:21 (92-10)
Please be informed that tentative approval of the preliminary
plat is hereby granted with modifications and conditions .
The subdivider is now authorized to prepare detailed drawings of
the plan in accordance with Chapter 23 , Subdivision Control Code,
County of Hawaii, as modified. Before final approval can be
granted, the following conditions must be met:
1. Provide a water system meeting with the approval of the
Department of Water Supply.
2. Submit water system construction plans for approval by
affected agencies.
3 . Pay installation and facilities charges as required by the
Department of Water Supply.
4 . Final plat map shall contain all of the requirements of
Chapter 23 , Subdivision Control Code, Sections 23-63
thru 23-69 .
5 . Identify the location and direction of all watercourses or
any areas subjected to inundation by a 100-year storm.
Identify all such areas by drainage easements .
t'Ianning Dept. k '
Exhibit,
411 411
Mr Dennis Shigeoka
Page 2
March 13, 1992
6 . Submit drainage calculations and flood control plan (local
drainage and flood control provisions) .
7 . Indicate Q before and after subdivision development. No
additional storm run-off to adjacent properties or roadways
due to subdivision development will be allowed. All
generated storm flow shall be disposed of within the
subdivision. Indicate how this will be accomplished.
8 . Portion of subdivision is located within Zone "AH" and
affected by the Limit of Detailed Study on the Flood
Insurance Rate Map (FIRM) ._ All reviewing agencies shall be
informed of the special flood hazard designation. As
required by Chapter 27, all subdivisions within special
flood hazard areas shall:
a. Have public utilities and facilities, such as sewer,
gas, electrical and water systems, located and
constructed to minimize flood damage;
b. Have adequate drainage provided to reduce exposure to
flood damage;
c. Identify the areas of special flood hazards on the
final plat map by drainage easements;
d. Indicate the base (100 year) flood and ground
elevation of all lots on the final plat map;
e. Submit drainage calculations (flood study) prepared by
a registered professional civil engineer.
9. Roadway design shall follow the standards of the "Hawaii
Statewide Uniform Design Manual for Streets and Highways"
and Chapter 23, Subdivision Control Code.
10. Provide street lights as required.
11. Submit sewage disposal plan in compliance with State
Department of Health requirements .
12. Submit all reports, plans and approvals that are submitted
to or from the Federal Emergency Management Agency (FEMA)
including Letter of Map Revision (LOMR) .
13 . Adjust the future road widening to read "10-foot wide
future road widening setback. "
AR
411, 411,
Mr. Dennis Shigeoka
Page 3
March 13, 1992
14. Adjust the 10-foot wide "no access" planting strip to be
relocated adjacent north of the future road widening
setback and relabled 10-foot wide "no vehicular access"
planting screen easement.
15. Provide minimum 16-foot wide nondedicable pavement within
the 20-foot wide private roadway.
16. Provide minimum 32-foot wide dedicable pavement within
Roadway Lot "A" , with curbs, gutters and sidewalks .
17. Provide minimum 36-foot radius dedicable pavement with
curbs, gutters and sidewalks within the 45-foot radius
circular turnaround. Cross slopes within shall not exceed
5-percent
18 . The following requirements applies to the existing 50-foot
wide Road and Utility Easement
a. The subdivider shall fully improve the entire roadway
easement consisting of providing minimum 32-foot wide
dedicable pavement with curbs, gutters and sidewalks.
b. Submit a proof of legal access allowing the proposed
subdivision to utilize the subject roadway easement.
c. Submit the subject ' s as-built construction plans to
Department of Public Works for review and comment. If
the applicant chooses to use the existing roadway
pavement, the pavement section shall be constructed to
County Dedicable Standards .
d. Relocate the existing water valve and fire hydrant,
fronting Roadway Lot "A" .
e. Reconstruct the low area, where ponding is occurring,
fronting proposed Lot 2.
f. Remove the two (2) A.C. speed bumps along the roadway
easement .
g. The subdivider shall coordinate all improvements with
Hilo Medical Investors, Ltd.
h. DPW recommends that the entrance to Life Care Center
of Hilo be aligned with the proposed Roadway Lot "A" ,
by continuation of their respective centerlines
thereof .
Mr. Dennis Shigeoka
Page 4
March 13, 1992
19 . The applicant shall be reminded that Roadway Lot "A" cannot
be properly dedicated to the County unless the existing
50-foot wide Road and Utility Easement is fully improved,
set aside as a roadway lot, and dedicated to the County.
20. Submit a sight distance report, consisting of the required
and available sight distances at all access and
intersection points . The required sight distances shall be
based on the posted speed limit plus 5 Miles Per Hour
(MPH) . Adequate sight distances shall be provided at all
access and intersection points or the proposed subdivision
shall be reconfigured.
21. Submit construction plans for review and comments.
22. Comply with all conditions of approved Change of Zone
Ordinance No. 92 7.
23 . Place property markers in accordance with the final plat
map. Surveyor shall submit certification upon completion.
24 . Submit nine (9) copies of the final plat map within one
year from the date of tentative approval. If not,
tentative approval to the preliminary map shall be deemed
null and void. Only upon written request from the
applicant and for a good cause can a time extension be
granted, provided it is submitted forty-five (45) days
before the expiration of said period of one year.
Subdivider shall be informed that if drywells are included in
the subject subdivision improvements, Chapter 23, Underground
Injection Control (UIC) , Administrative Rules, Department of Health,
prohibit any person from operating, constructing or modifying an
injection well (drywell) unless authorized by a permit issued by the
Director of Health, State of Hawaii . Furthermore, should dedication
of roadways including drywells be contemplated, the Department of
Public Works will not approve dedication roadways prior to
compliance with Chapter 23, UIC, Administrative Rules .
You should be aware that if at any time during the fulfillment
of the foregoing conditions that environmental problems emerge--
problems which were earlier overlooked or not anticipated/accounted
for in data/reports available to date--this should be sufficient
cause to immediately cease and desist from further activities on the
proposed subdivision, pending resolution of the problem(s) . The
Planning Director shall confer with members of the Subdivision
Technical Review Committee or other concerned agencies to resolve
the problem and notify you accordingly.
, Ill 411
Mr. Dennis Shigeoka
Page 5
March 13, 1992
No final approval for recordation shall be granted until all the
above conditions have been met .
Land shall not be offered for sale, lease or rent until final
approval for recordation of the subdivision.
Should you have any questions, please feel free to contact
Ed Cheplic or Wally Matsunami of this office.
Sirmera.ly, �° 0-,
... „ F,
NORMAN K: HAYASHI
Planning Director
EC: lm
4695D
Attach.
xc: 4 engineers
Kawailani Estates Partnership
Rez. 705, Sub. 5789, PA 2337
it I
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
142 HILO, HAWAII
DATE: June 4, 2013
Weeneedadarn
TO: Duane Kanuha, Planning Director
FROM: 41.-Dtment of Public Works, Engineering Division
SUBJECT: CHANGE OF ZONE (REZ 705, DOCKET NO. 90-000044)
Applicant: Kristilee & Henry J. Correa Jr. Trust (Formerly Puluwai, LLC)
Request: 7-Year Time Extension to Comply with Conditions C an. K of
Change of Zone Ordinance No. 05-110
Reference: Kawailani Estates Subdivision
Subdivision Application No.: 92-010
DPW Folder No. 24623
Tax Map Key: 2-4-003: 021
We have reviewed the subject request forwarded by your memo dated May 23, 2013 and
offer the following comments for your consideration.
In 2011, the Federal Emergency Management Agency (FEMA) issued Preliminary Digital
Flood Insurance Rate Maps (Preliminary DFIRMs) that will revise the currept Flood
Insurance Rate Maps(FIRMs)and will affect the subject property. We advise the applicant
review FEMA's Preliminary DFIRMs and plan/design according. The Preliminary!DFIRMs
can be reviewed at the State of Hawaii, Department of Land and Natural Resources'
website: http://gis.hawaiinfip.org/fhat/.
All proposed construction shall be in compliance with the requirements of Chapter 27,
Floodplain Management, of the Hawaii County Code.
Questions may be referred to Kelly Gomes at ext. 8327.
Planning Dept.
Exhibit
County of Hawaii is an Equal Opportunity Provider and Employer
lea r ' �'.
William P.Kenoi - +�, �'; ��/, '.: BJ Leithead Todd
Mayor -=- Director•Walter K.M.Lau ( •• rt WM._.
Managing Director
Count r of Paint(I
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo,Hawaii 96720
(808)961-8083 •Fax(808)961-8086
http://co.hawaii.hi.us/directory/dir envnmg.htm
MEMORANDUM
Date : June 12,2013
To : DUANE KANUHA,Planning Director
From: BJ LE1THEAD TODD,Director r4--
Subject: Change of Zone(REZ 705,Docket NO.90-000044)
Applicant:Kristilee&Henry J. Correa Jr.Trust(formerly Puluwai,LLC)
Request: 7-Year Time Extension to Comply with Condition C(Time to Secure Final
Subdivision Approval)and Condition K(Fair Share)of Change of Zone Ord.No.05-110
TMK: 2-4-003:021
The Solid Waste Division has reviewed the subject application and offers the following recommendations
(Please note Wastewater Division's comments will submitted separately):
DEPARTMENT COMMENTS:
( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate
plans for sewering of the area.
( ) Other
SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.)
(X) No comments
( ) Commercial operations, State and Federal agencies,religious entities and non-profit
organizations may not use transfer stations for disposal. Q
( ) Aggregates and any other construction/demolition waste should be responsibly reused to m
its fullest extent. 04'
( ) Ample and equal room should be provided for rubbish and recycling.
CS
( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations,or other suitable diversion programs. o
C
( ) Construction and demolition waste is prohibited at all County Transfer Stations. C
( ) Submit Solid.Waste Management Plan in accordance with attached guidelines. �C
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( ) Other:
SCA NNE
�oAV' 1
County of Hawai`i is an Equal Opportunity Provider and Employer. �`�..
....
/ . :.,,,et•
William P.Kenoi +:•N BJ Leithead Todd•' :+
Mayor t t'= Director
Walter K.M.Lau .Oi M''•�'
Managing Director •.--'
•County of Hawai`
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 : June 6,2013
To : DUANE KANUHA,Planning Director
From: BJ LEITHEAD TODD,Director 04
Subject: Change of Zone(REZ 705,Docket NO. 90-000044)
Applicant: Kristilee&Henry J. Correa Jr. Trust(formerly Puluwai,LLC)
Request: 7-Year Time Extension to Comply with Condition C(Time to Secure Final
Subdivision Approval)and Condition K(Fair Share)of Change of Zone Ord.No.05-110
TMK: 2-4-003:021
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.)
(X) No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawaii 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:
085 '774
County of Hawai`i is an Equal Opportunity Provider and Employer.
NEIL ABERCROMBIE •
`�° LO TA J.FUDDY,A.C.S.W.,M.P.H.
iGOERNOR Pts9^ti� Director of Health
113 F t Fii I: !o .�.
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
H I LO, HAWAII 96721-0916
MEMORANDUM
DATE: May 29, 2013
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye i•r
District Environmental Health Program Chief
SUBJECT: Change of Zone (REZ 705, Docket No. 90-000044)
Applicant: Kristilee &Henry J. Correa Jr. Trust(formerly Puluwai, LLC)
Request: 7-year Time Extension to Comply With Condition C (Time to
Secure Final Subdivision Approval) and condition K (Fair Share) of
Change of Zone Ordinance No. 05-110
Tax Map Key: 2-4-003:021
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
SCANNED.
Planning Dept.
MAY 3 1 2013
WORD:REZ 705 Docket No.90-000044.ni Exhibit B O o J
William P Kenoi T �jy Darren J. Rosario
Mayor v% >%r�• Fire Chief
4- 0. �� = Renwick J.Victorino
r i r
S ... Deputy Fire Chief
QCouutp of ac uaci`i -
HAWAI'I FIRE DEPARTMENT
25 Aupuni Street • Room 2501• Hito,Hawaii 96720
(808)932-2900 • Fax(808)932-2928
June 10, 2013
TO : BJ LEITHEAD TODD, PLANNING DIRECTOR
FROM : DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: CHANGE OF ZONE (REZ 705, DOCKET NO. 90-000044)
APPLICANTS: KRISTILEE & HENRY J. CORREA JR. TRUST (FORMERLY
PULUWAI, LLC)
REQUEST: 7-YEAR TIME EXTENSION TO COMPLY WITH CONDITION C
(TIME TO SECURE FINAL SUBDIVISION APPROVAL) AND CONDITION
K (FAIR SHARE) OF CHANGE OF ZONE ORDINANCE NO. 05-1100
TAX MAP KEY: 2-4-003:021
We have no comments to offer at this time in reference to the above-mentioned Change of Zone.
DARREN J. ROSARIO
Fire Chief
GA:lpc
Planning Dept.
•
Exhibit �--
SCANNED . C`
6S153/11g3 441
BY:, 9 -►`
Hawai'i County is an Equal Opportunity Provider and Employer. iii
RCon-eaAmendREZ705.jwd-06-19-13
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
KRISTILEE & HENRY J. CORREA JR. TRUST
CHANGE OF ZONE ORDINANCE NO. 05-110 (REZ NO. 705)
AMENDMENT TO CONDITIONS C AND K
Upon review of the request, the Planning Director recommends that a favorable
recommendation to amend Condition C (time to secure final subdivision approval) of Change
of Zone Ordinance No. 05-110 be forwarded to the County Council. Condition K(deadline for
fair share payment) will be amended to require fair share to be due and payable prior to Final
Subdivision Approval and not by a time deadline. 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:
Change of Zone Ordinance No. 92-7 was approved by the County Council to
change the district classification from Agricultural 3-acre (A-3a)to Single-Family
Residential 10,000 square feet(RS-10)to allow the subdivision of the property into
twenty-one approximately 10,000-square foot lots. The effective date of the ordinance is
January 22, 1992.
The previous applicant, Puluwai, Inc,requested amendments to comply with
Condition B (time to secure water commitments), Condition C (time to submit and secure
final subdivision approval) and Condition 0(annual progress report submittal). The
amendments were approved under Ordinance No. 05-110 effective on July 13, 2005.
The applicant is currently requesting a seven(7)-year time extension to comply
with Condition C (time to secure final subdivision approval) and Condition K(deadline
for fair share payment) of Ordinance No. 05 110.
As previously mentioned, the Planning Director is recommending a favorable
recommendation for the 7-year time extension to comply with Condition C (time to
secure final subdivision approval),but will be amending Condition K(deadline for fair
share payment) to require payment to become due and payable prior to receipt of Final
-1-
Subdivision Approval and not by a time deadline.
The amendment request is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and that
are not the result of their fault or negligence. The applicant purchased the subject
property in a partnership in 2008. With the downturn of the economy, one of the partners
was unable to continue and withdrew from the partnership. The applicant bought out that
portion of the property. In 2012, the other partner was forced to withdraw from the
partnership. Again, the applicant bought out the other portion of the property. With the
partnership dissolved, the subject parcel was put solely in the Correa Trust. As a result of
the economy's effect on the partnership, conditions were unable to be addressed or
completed. These unforeseen issues have caused delays that have prevented the applicant
from finishing the project by the deadline for compliance with Condition C and
Condition K.
Based on the reasons provided, it is determined that the applicant could not have
foreseen the poor economy and partnership pressures,which was beyond their control,
and was not the result of their fault or negligence.
Approval of this time extension request would not be contrary to the General
Plan,the Zoning Code, or the original reasons for the granting of the Change of
Zone. There have not been any significant changes to the General Plan for this area since
this request was originally approved that would affect this project. The request continues
to be consistent with the General Plan Land Use Pattern Allocation Guide(LUPAG)
Map, which designate this area as Low Density Urban. These areas include residential,
with ancillary community and public uses, and neighborhood and convenience-type
commercial uses; overall residential density may be up to six units per acre.
Additionally, the use continues to be consistent with the Land Use element of the General
Plan.
The requested Single-Family Residential zoning would continue to be consistent
and compatible with the transition of this particular section of the Waiakea area into
residential uses. This area consists mainly of residential subdivisions. To the west is the
Kula Ridge Residential Subdivision consisting of lots zoned RS-15, to the east is the
-2-
Komohana Estates Subdivision consisting of lots zoned RS-15 and to the south across
West Kawailani Street is the Ku'ulei Subdivision consisting of lots zoned RS-10, as well
as other residential subdivisions.
The request is not contrary to Zoning Code and is not contrary to the original
reasons for granting the change of zone. The property is located within an area
adequately served with essential services and facilities such as water, transportation
systems and other utilities. Access to the property will be from an adjacent 50-foot
roadway lot that runs along the western boundary, which connects to West Kawailani
Street. Condition D of Change of Zone Ordinance No. 05-110 requires that interior
subdivision roads be provided with curbs, gutters and sidewalks meeting with the
approval of the Department of Public Works. Additionally, Condition F requires a
10-foot wide road widening strip along the Kawailani Street frontage of the property.
Lastly, a condition of tentative approval for SUB 92-000010 requires an additional
10-foot wide"no vehicular access"planting screen easement along with the 10-foot wide
road widening strip, which runs along the Kawailani Street frontage of the property.
Based on the above discussion, the granting of the amendment request continues
to be consistent with, and not contrary to, the General Plan, Zoning Code, and the
original reasons for granting the change of zone.
Based on the above findings, it is recommended that a favorable recommendation
of the applicant's request to amend Change of Zone Ordinance 05-110, along with other
housekeeping amendments,be forwarded to the Hawai`i County Council.
The accompanying draft bill reflecting an amendment to conditions of Ordinance
No. 05-110 is provided for your favorable consideration. (Material to be deleted is
bracketed and strike through and material to be added is underscored).
-3-
CCorrea-AmendREZ705.jwd-06-19-13
KRISTILEE & HENRY J. CORREA JR. TRUST
CHANGE OF ZONE ORDINANCE NO. 05-110 (REZ NO. 705)
CONDITIONS OF APPROVAL
A. [t]The applicant, successors, or assigns shall be responsible for complying with all
of the stated conditions of approval;
B. [t]The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety days from the effective date of this amendment;
C. Final Subdivision Approval of the proposed subdivision development shall be
secured within [five(5)]seven(7)years from the effective date of this
amendment;
D. [a]Access to the proposed lots shall meet with the approval of the Department of
Public Works. All driveway connections to Kawailani Street shall conform to
Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Interior
subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the
approval of the Department of Public Works;
E. [u]Underground utilities shall be constructed;
F. [a]A 10-foot wide road widening strip along the Kawailani Street frontage of the
property shall be set aside and delineated on the subdivision plans. All structural
setbacks shall be taken from this future road widening line;
G. A drainage study of the property, if required, shall be prepared by a licensed civil
engineer and submitted to the Department of Public Works prior to issuance of a
construction permit. Drainage improvements, if required, shall be constructed,
meeting with the approval of the Department of Public Works;
H. The method of sewage disposal shall meet with the approval of the appropriate
government agencies;
I. [a]All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties;
J. [s]Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken;
K. [t]The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire,police,
solid waste disposal facilities and roads. The fair share contribution shall be
initially based on the representations contained within the change of zone
application and may be increased or reduced proportionally if the lot counts are
adjusted. The fair share contribution shall become due and payable prior to
receipt of Final [Plan]Subdivision Approval [or within five years from the
effective date of this amended change of zone ordinance, whichever occurs first].
The fair share contribution for each lot shall be based on a maximum density for
each lot as determined by the zoning resulting from this change of zone. The fair
share contribution in a form of cash, land, facilities or any combination thereof
shall be determined by the County Council. The fair share contribution may be
adjusted annually beginning three years after the effective date of the amendment
to the ordinance, based on the percentage change in the Honolulu Consumer Price
Index (HCPI). The fair share contribution shall have a maximum combined value
of{$9,671.44]$13,081.99 per single-family residential unit. Based upon the
applicant's representation of intent to develop a total of nineteen(19) single-
family residential units, the indicated total of fair share contribution is
[$183,757.36]$248,557.81 for the single-family residential units. However, the
total amount shall be increased or reduced in proportion with the actual number of
units according to the calculation and payment provisions set forth in this
condition. The fair share contribution per single-family residential unit shall be
allocated as follows:
• [$1,663.74]$6,308.37 per single-family residential unit for the
nineteen(19) single-family residential units for an indicated total of
R4876-1-1-:06]$119,859.03 to the County to support park and
-2-
recreational improvements and facilities;
• [$224.98]$304.32 per single-family residential unit for the nineteen
(19) single-family residential units for an indicated total of
[$4,274.62]$5,782.08 to the County to support police facilities;
• [$4446]$601.06 per single-family residential unit for the nineteen
(19)single-family residential units for an indicated total of
[$8,112.81]$11,420.14 to the County to support fire facilities;
• [$194.55]$263.15 per single-family residential unit for the nineteen
(19) single-family residential units for an indicated total of
[$3,696.45]$4,999.85 to the County to support solid waste facilities;
• [$4,143.81]$5,605.09 per single-family residential unit for the
nineteen(19) single-family residential units for an indicated total of
[$78,732.39]$106,496.71 to the County to support road and traffic
improvements;
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director,upon consultation with the appropriate agencies and approval of the
County Council;
[M.]L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance;
[14:]M. [t]To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented, the applicant shall comply with the requirements of
Chapter 11,Article 1, Hawaii County Code relating to Affordable Housing
Policy. This requirement shall be approved by the County Housing Agency prior
to final subdivision approval;
-3-
[9:]N. [r]Restrictive covenants in the deeds of all residential zoned lots shall prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owner of the property may also, in addition, impose private
covenants restricting the number of dwellings. A copy of the proposed
covenant(s) to be recorded with the State Bureau of Conveyances shall be
submitted to the Planning Department for review and approval prior to the
issuance of final subdivision approval. A copy of the recorded covenant shall be
filed with the Planning Department upon its receipt from the Bureau of
Conveyances;
[P-]O. [t]There shall be no construction of single-family dwellings and related
improvements, other substantial buildings, or subdivision roads within areas
designated"AE" , "AH" or"shaded"Zone"X"by the Flood Insurance Rate Maps
(FIRM) except that subdivision roads can be building in"shaded" Zone"X".
Restrictive covenants in the deeds of all lots shall give notice of the terms of this
rezoning condition. No residential lots may be created which lack a buildable
area. This restriction may be removed by amendment of this ordinance by the
County Council. A copy of the proposed covenant(s)to be recorded with the
Bureau of Conveyances shall be submitted to the Planning Director for review
and approval prior to the issuance of Final Subdivision Approval. A copy of the
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Conveyances;
[Q]P. should any infrastructure improvements related to Kawailani/Komohana
intersection be required of future developers, the applicants, successors or assigns
of this project shall work with the Planning Department to pay for their pro rata
share of improvements. The pro rata share determination and its implementation
shall be approved by the Planning Department in consultation with the
Department of Public Works or any County agency having jurisdiction over any
future infrastructure improvements;
[R]O [t]The applicant, successors or assigns shall be responsible for paying any
-4-
additional real property taxes owed as a result of withdrawing the property from
dedicated agricultural use to residential use prior to the sale of any lot;
[&]R. [t]The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements;
[T should the council adopt a Unified Impact Fees ordinance setting forth criteria for
[U-]S. [ft]An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the effective date of the amendment to the ordinance. The
report shall include, but not be limited to, the status of the development and the
extent to which the conditions of approval are being satisfied. This condition
shall remain in effect until all of the conditions of approval have been complied
with and the Planning Director acknowledges that further reports are not required;
and
[V]T. 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.
Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the area to its original or more
appropriate designation.
-5-
...
COUNTY OF HAWAII : • � '' * STATE OF HAWAII
. 1�Of M►'�
BILL NO.
ORDINANCE NO.
(PA7N1 A)e,AN ORDINANCE AMENDING ORDINANCE NO. 05 110 WHICH AMENDED °J
ORDINANCE NO. 92 7, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—3
ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-003:POR. 021.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Ordinance No. 05 110 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at [Wad] Waiakea,
South Hilo, Hawai`i, shall be Single Family Residential— 10,000 square feet (RS-10):
SECTION 2. [ • ., _ • . . - . - • -- - - - -- - " - - -
In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),
the County Council finds the following condition is:
Necessary to prevent circumstances which may be adverse to the public health,
safety and welfare; or
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.
SEE ATTACHED CONDITIONS
-1-
SECTION 2. Material to be deleted is bracketed and material to be added is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
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