HomeMy WebLinkAboutCOM 0911.000 2014-2016 tY OF „
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......i', Randall M.Kurohara
, Managing Director
William P.Kenoi - •.R�. , '•
Mayor • Robert H.Command
40:- + i;;`-' Deputy Managing Director
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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
June 9, 2016
ca
Dru Kanuha, Council Chair ---
and Members of the County Council `o
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kanuha and Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 04-56 (REZ 1039)
Request: Amend Condition B (Time Extension to Secure Final Subdivision
Approval), Condition J (Drainage Improvements) and Condition V
(Fair Share Payment)
Applicant: Alii Palms, LLC (formerly Lehua Lani, LLC)
Tax Map Key: 7-5-020:071:072
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.
Sincerel
i4111
WILLIAM P. KENOI
Mayor
MTransCouncilAliipalmsREZ1039
Enclosures
cc: Planning Department
��► l a��� Comm. No. q ( 1
Ref. To: ?C”
County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date JUN 14 2016
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County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
JUN - 9 2016
Dru Kanuha, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kanuha and Council Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 04-56 (REZ 1039)
Applicant: Alii Palms, LLC (formerly Lehua Lani, LLC)
Request: Amend Condition B (Time Extension to Secure Final Subdivision
Approval), Condition J (Drainage Improvements) and Condition V
(Fair Share Payment)
Tax Map Key: 7-5-020:071 and 072
The Leeward Planning Commission, at its duly held public hearing on May 19, 2016,
recommended for your approval the proposed legislative bill for an amendment to Change of
Zone Ordinance No. 04-56. The property is located along the east(mauka) side of Ali`i/druvem
between the Ali`i Lani Condominium and the Ali`i Garden Marketplace and across from the
Kona by the Sea and Kona Rivera Villas condominium complexes, Puapua'a 2"d,North Kona,
Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending a
favorable consideration to amend Conditions B and J and an unfavorable consideration to amend
Condition V of the request:
The applicant has submitted an application requesting to amend Conditions B, J
and V of Change of Zone Ordinance No. 04-56, which rezoned the property in 2004 from
Agricultural- 5acres (A-5a) to Single Family Residential- 7,500 square feet(RS-7.5) to
allow the development of a 58-unit single family residential subdivision and related
Hawaii County is an Equal Opportunity Provider and Employer
Dru Kanuha, Council Chair
and Members of the County Council
Page 2
improvements on TMK 7-5-020:071 and 072. The applicant requests a 5-year time
extension to Condition B, which required that Final Subdivision Approval be secured by
May 27, 2014. The applicant acquired the properties in 2006 and secured Tentative
Subdivision Approval the same year. A final plat map and construction plans were
submitted to Planning in May 2014 but the applicant was not able to secure final
subdivision approval prior to the deadline. The applicant also requests to amend
Condition J, which requires that drainage improvements be constructed prior to receipt of
Final Subdivision Approval, by providing a surety bond for the drainage improvements so
that Final Subdivision Approval can be issued before the improvements are constructed.
Bonding of drainage improvements is a routine process similar to the bonding of other
subdivision improvements. The applicant anticipates constructing the project's drainage
improvements within six months of receipt of a new grading permit from the Department
of Public Works. Lastly, the applicant requests to amend Condition V, which requires the
applicant make the fair share payment prior to receipt of Final Subdivision Approval.
The applicant requests to defer payment of the fair share payment until each of the 58
single-family residential units are constructed and sold. Payment would be made via
escrow upon the close of sale.
CONDITIONS B and J
Granting of the amendments to Conditions B and J would not be contrary to
the original reasons for granting the rezone. The applicant is simply seeking
additional time to complete the subdivision, to change the timing of when drainage
improvements will be constructed, and to change the timing of when the fair share
payment will be made. The proposed project has not changed from its original concept
when the rezone was approved in 2004. Since the rezone was granted, the applicant has
completed construction plans implementing conditions of the ordinance including the
archaeological preservation plan and burial treatment plan.
Granting of the amendments to Conditions B and J would not be contrary to
the General Plan or the Zoning Code. There have been three significant changes since
the rezone was approved in 2004 that warrant a re-evaluation of the approval of the
rezone: 1) the General Plan was updated in 2005, 2) the Kona Community Development
Plan (KCDP) was adopted by the County Council in 2008, and 3) the Zoning Code was
amended by the County Council in 2007 to include concurrency requirements for rezones
or time extensions for previously approved rezones, such as the current request.
Dru Kanuha, Council Chair
and Members of the County Council
Page 3
The General Plan Land Use Pattern Allocation Guide(LUPAG) designation for
the properties and surrounding area changed by removing the Urban Expansion
designation and replacing it with the Medium Density Urban designation. The Urban
Expansion designation would have allowed for commercial and light-industrial uses in
this area. The proposed 58-lot residential development is consistent with the current
LUPAG designation which allows for residential density of up to 35 units per acre.
The General Plan also called for the creation of community development plans to
direct physical development and public improvements within a specific area. The Kona
Community Development Plan(KCDP)was adopted in 2008 for this purpose. The
proposed project is located within the Kona Urban Area and outside of a Transit Oriented
Development(TOD) area. It is considered an infill project in that it is surrounded by
existing development on all sides, and is therefore consistent with the goals and policies
of the KCDP, Policy LU-2.8(2)(b)ii which encourages infill rezones. The property is
surrounded by residential condominiums on the north and west side across Ali`i Drive.
Ali`i Garden Marketplace is located on the property to the south and the Kahakai Estates
single-family residential subdivision is located to the east above the proposed Ali`i
Parkway right-of-way.
Table 4-1 (Concurrency Table) and Policy TRAN-6.2 of the KCDP lists the
Kahului-Keauhou Parkway(Ali`i Parkway) and Lako Street Extension as priority road
improvements needed in order to rectify existing deficiencies and influence the pattern of
future growth. The Department of Public Works indicates that both roadway projects are
active and necessary,but cannot provide an estimate of when these projects will be
constructed. The Statewide Transportation Improvement Plan (STIP) shows the Ali`i
Parkway project is expected to begin construction in 2020. Policy TRAN-6.1 indicates
that all roadways in the Kona Urban Area are"critical road areas"to be built concurrent
with the occupancy of units as defined in the Zoning Code `Concurrency Requirements'
section. The Planning Director recently issued an interpretive determination regarding
Policy TRAN-6.1 to say that he concurs with the Kona CDP Action Committee's
determination that the official concurrency map be applied as follows: To the extent that
road improvements are necessary as area mitigation for a project within the Kona CDP,
such improvements shall be for some or all of the road segments in that concurrency zone
sufficient to offset the traffic demand or impact generated by that project, based on the
level-of-service in accordance with the standards for such determinations as set forth in
section 25-2-46 of the Zoning Code.
Dru Kanuha, Council Chair
and Members of the County Council
Page 4
The concurrency section of the Zoning Code states that a traffic study is required
whenever a proposed development will generate over 50 peak hour trips. Thus, a traffic
assessment was prepared by SSFM in July 2015 and finalized in March 2016 for the 58-
lot residential development. The study determined that the nearby intersections at Ali`i
Drive/ Lunapule Road and Ali`i Drive/ Royal Poinciana Drive currently operate at an
acceptable level of service, but some movements at the Lunapule Road/Alii Drive
intersection will operate poorly in 2025 and Royal Poinciana Drive/Alii Drive will
operate poorly in 2035. The concurrency requirements state that if an intersection
currently operates at an unacceptable LOS or will within 5 years of the study, a condition
of zoning shall delay occupancy until mitigation is implemented. Since, according to the
traffic assessment, these intersections will operate at an acceptable LOS through 2025, no
mitigation is immediately required and the development can proceed and be occupied
without delay. In their memo dated January 22, 2016, the Department of Public Works
(DPW) noted some corrections that should be made to the traffic assessment based on the
timing of construction of the Ali`i Parkway and Mamalahoa Bypass Road and the effect
these projects may have on Ali`i Drive. The traffic assessment uses 2003 traffic counts as
the basis for its level-of-service analysis. Upon further discussion between Planning and
DPW staff, it was clarified that traffic has actually decreased since 2003 in this area but
with the opening of the Mamalahoa Bypass Road in late 2016, additional traffic may use
Ali'i Drive that was not anticipated in the traffic assessment. The DPW has plans to
signalize the study intersections along Ali`i Drive although no timeline for these
improvements has been established. To ensure the proposed project conforms to the
concurrency requirements in the Zoning Code, the Planning Director recommends the
applicant revise the traffic assessment by addressing the concerns raised by DPW. If the
revised study determines the study intersections operate poorly, occupancy should be
delayed until improvements are constructed to improve level-of-service.
To summarize, the Planning Director believes the applicant's request for a time
extension to secure subdivision approval and the request to provide a surety or bond for
the drainage improvements prior to subdivision approval is a reasonable request given
that the applicant has been diligently working on completing the development and
bonding of drainage improvements is not uncommon and is similar to bonding of other
infrastructure improvements during the subdivision process.
However, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use, prior to its commencement or establishment upon
Dru Kanuha, Council Chair
and Members of the County Council
Page 5
the subject property. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code, installation of improvements required
by the American with Disabilities Act (ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Condition V
Granting of the amendment to Condition V would be contrary to the original
reasons for granting the rezone. Although the request to amend Condition V is not
contrary to the General Plan or Zoning Code, it is contrary to the original reasons for
granting the rezone since it would defer payment of the fair share fee to when lots/units
are sold. The applicant proposes to execute irrevocable escrow instructions prior to Final
Subdivision Approval, which require the payment of the fair share contribution at the
closing of sale of each single-family residential unit/lot. The Director has consulted with
the Department of Finance, which is responsible for tracking payments and Capital
Improvements Project (CIP) expenditures from the Fair Share Account. Both the
Planning Director and Finance Director do not support the request to amend Condition V
for several reasons. First,the request would not be fair and equitable since it defers
payment to the close of sale, when other developers currently have to pay at final
subdivision. It would also be inconsistent with how the County currently collects fair
share payments. Rather than calculating one fair share contribution at Final Subdivision
or Plan Approval, Planning staff would have to calculate multiple fair share contributions
as each unit/lot sells,potentially over a long period of time if units/lots do not sell
quickly. This would require significantly more staff time and resources to complete. It is
also possible that if a lot does not sell and the original developer retains ownership, a fair
share payment would not be made for that lot. Thus payment of a fair share fee for each
lot would not be guaranteed. If approved, the Planning and Finance Departments would
have to monitor two systems of fair share payment since there are legacy ordinances
under the current payment method. Logistically this would be challenging and may
increase the potential for audit issues as it would be difficult to track which lots have or
have not sold over decades and calculate any necessary Honolulu Consumer Price Index
(HCPI) adjustments to the fair share fee.
Dru Kanuha, Council Chair
and Members of the County Council
Page 6
Assuming an escrow company would handle the calculation and collection of
payment, the Planning Department would need to train escrow company staff and verify
their calculations are correct each time a unit/lot sells. It is also unclear who would pay
any escrow company fees to administer the collection of fair share payments. The County
does not have funds to pay an escrow company to administer the fair share program and
does not have complex accounting software to track payments made through the escrow
company to Planning. In addition, should the County Council adopt a Unified Impact
Fees Ordinance setting forth criteria for imposition of exactions of the assessment of
impact fees, the escrow account would need to be closed and the remaining fees not paid
converted to an impact fee. Finally, fair share funds are reported annually to the County
Council and are appropriated by the departments for capital improvements. The escrow
company would need to prepare regular reports to Planning Department staff who manage
the Fair Share Annual Report and respond to requests for availability of funds for capital
projects.
The current fair share payment program is the most efficient way for the County to
collect these payments with the minimum amount of staff time and resources.
Implementing the requested change in fair share payment collection would require
additional staff resources that would cost the County more money, but since the fair share
payment amount would not increase, there would be no benefit to the County and its
taxpayers who fund staff positions. For these reasons, the Planning Director strongly
recommends forwarding an unfavorable recommendation to the County Council to amend
Condition V.
Based on the above findings, the Planning Director recommends that the Planning
Commission for to the County Council a favorable recommendation to amend Conditions B
and J and an unfavorable recommendation to amend Condition V of Ordinance No. 04-56.
The accompanying draft bill reflecting the recommended amendments is provided for
your consideration. In addition, the Planning Director recommends that existing conditions in
the ordinance be revised to reflect the current standard language for conditions of approval and
housekeeping revisions. (Material to be deleted is bracketed and struck through and material to
be added is underscored).
Dru Kanuha, Council Chair
and Members of the County Council
Page 7
We are enclosing copies of the staff Background, Planning Director's Recommendation, the
Power point presentation and a draft transcript of the hearing for your information.
Sincerely,
Keith Unger, Chairman
Leeward Planning Commission
LAliipalmsamendREZ 10391pc2
Enclosures
cc: Mr. Christopher Oakes, SCD Ali`i Palms, LLC
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
DOT-Highways, Honolulu
William Brilhante, Esq., Corporation Counsel
BAliiPalnisAmendREZSMA.mjj 5/16/16
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ALI`I PALMS,LLC(FORMERLY LEHUA LANI,LLC)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO.04-56(REZ 1039)
AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT NO.441 (SMA 441)
ALM PALMS,LLC has submitted an application requesting to amend Condition B
(time extension to secure subdivision approval), Condition J (drainage improvements)and
Condition V(fair share payment)of Change of Zone Ordinance No.04-56,and Condition No.4
(time extension to secure subdivision approval) and Condition No. 6(drainage improvements)of
SMA Use Permit No.441 (SMA 441). In 2004,the property was rezoned from Agricultural-
5 acres(A-5a)to Single Family Residential-7,500 square feet(RS-7.5) and SMA Permit No. 441
was issued to allow the development of a 58-unit single family residential house and lot
subdivision and related improvements. The property is located along the east(mauka)side of
Alii Drive,between the Alii Lani Condominium and the Alii Garden Marketplace and across
from the Kona By the Sea and Kona Riviera Villas condominium complexes,Puapua'a 2°d,
North Kona,Hawaii,TMK: 7-5-020:071 and 072.
APPLICANT'S REOUEST
1. Proposed Amendments and Reasons for Request: The applicant is requesting to
amend Conditions B,J and V of Change of Zone Ordinance No. 04-56 and Conditions 4
and 6 of SMA 441.
Condition B and 4-Condition B of the ordinance is identical to Condition 4 of the SMA
permit. It states:
"Final subdivision approval shall be secured within five(5)years from the
effective date of this ordinance."
The applicant is requesting a 5-year time extension to comply with Conditions B and 4 in
order to secure Final Subdivision Approval. The previous administrative time extension
expired on May 27, 2014. The applicant acquired the property in 2006 and secured
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Tentative Subdivision Approval the same year. A final plat map and construction plans
were submitted to Planning in May 2014 but the applicant was not able to secure final
subdivision approval prior to the deadline.
Condition J and 6-Condition J of the ordinance is identical to Condition No. b of the
SMA permit, and states:
"A drainage study shall be prepared for review and the recommended drainage
system shall be constructed meeting with the approval of the Department of
Public Works. The drainage improvements shall be constructed prior to receipt
offinal subdivision approval."
The condition currently requires that drainage improvements be constructed prior to
receipt of Final Subdivision Approval.The applicant is requesting to amend these
conditions in order to provide a surety bond for the drainage improvements so that Final
Subdivision Approval can be issued before the improvements are constructed. Bonding
of drainage improvements is a routine process similar to the bonding of other subdivision
improvements. The applicant anticipates constructing the project's drainage
improvements within six months of receipt of a grading permit from the Department of
Public Works.
Condition V-Condition V of the ordinance states:
"The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads,park fire,police and solid waste
disposal facilities. 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 final subdivision approval of
any portion of the subject property or within five (5)years from the effective date
of this 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
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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 this ordinance, based on
the percentage change in the Honolulu Consumer Price Index(HCP). The fair
share contribution shall have a maximum combined value of$9,472.12 per single
family residential unit. Fair share contributions shall be allocated as follows:
1. $4,567.62 per single family residential unit for an indicated total of
$264,921.96 to the County to support park and recreational
improvements andfacilities;
2. $220.34 per single family residential unit for an indicated total of
$12,779.72 to the County to support police facilities;
3. $435.21 per single family residential unit for an indicated total of
$25,242.18 to the County to support fire facilities;
4. $190.54 per single family residential unit for an indicated total of
$11,051.32 to the County to support solid waste facilities;
5. $4,058.41 per single family residential unit for an indicated total of
$235,376.18 to the State or County to support road and traffic
improvements.
In lieu of paying the fair share contribution, the applicant may construct such
facilities related to parr fire,police and solid waste disposal facilities subject to
the review and recommendation of the Planning Director, upon consultation with
the appropriate agencies and approval of the Hawaii County Council."
The condition currently requires the applicant to pay its fair share contribution for
regional impacts of the project prior to receipt of Final Subdivision Approval. The
applicant requests to defer payment of the fair share contribution until each of the 58-
single family residential lots are sold. The applicant also requests to make payment via
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escrow rather than directly to the County.The applicant proposes the following specific
language to replace the current condition:
"The applicant may defer the payment of the fair share contribution by executing
irrevocable escrow instructions, in form reasonably apptoved by the Planning Director,
requiring the payment of the fair share contribution attributable to each single family
residential unit, in the amount determined on the closing of the sale of each single family
residential unit to a third party purchaser. Said escrow instructions shall be approved by
the Planning Director and executed by the applicant prior to final subdivision approval
of any portion of the subject property or within five (5)years from the effective date of
this change of zone ordinance, whichever occurs first. The fair share contribution may
be adjusted annually beginning upon the effective date offinal nal subdivision approval,
based on the percentage change in the Honolulu Consumer Price Index(HCPI)."
2. Landowner: Alii Palms, LLC.
3. Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1-Letter dated September 25,2015 titled
'Request for Amendments to Change of Zone Ordinance No. 04 56' and P.D.
Exhibit 2-Letter dated September 25,2015 titled`Request for Amendments to
Special Management Area Use Permit No.441').
CHRONOLOGY OF DEVELOPMENT
4. May 19,2004: Ordinance No. 04-56 was adopted by the County Council to rezone the
subject properties from Agricultural- 5 acres(A-5a)to Single Family Residential-7,500
square feet(RS-7.5). (P.D.Exhibit 3-Ordinance No.04-56)
5. May 19,2004: Effective date of SMA Permit No.441,which was issued on December
30,2003 by the Planning Commission to allow a the development of 58 single family lots
and dwelling units. (P.D.Exhibit 4-SMA Permit No.441)
6. August 25,2005: Planning Director approved Planned Unit Development(PUD)No.
2004-000003 to allow various roadway standards of the Subdivision Code and minimum
lot size, average width, and various yard setback requirements of the Zoning Code for a
58-single family lot development. (P.D.Exhibit 5- PUD No. 2004-000003)
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STATE AND COUNTY PLANS AND LAWS
7. Special Management Area(SMA): The property is located within the SMA,
approximately 300 to 1,000 feet from the shoreline. The SMA is a part of the Coastal
Zone Management Program regulated by the County. SMA Permit No. 441,which the
applicant is currently requesting to amend,was issued in 2003 to allow the development
of 58 single family residential lots on the subject property.
8. State Land Use Designation: Urban.
9. General Plan Designation: Medium Density Urban.
10. County Zoning: Single Family Residential-7,500 square feet(RS-7.5).
11. Kona Community Development Plan: The KCDP was adopted by Ordinance 08-131
on September 25,2008 by the Hawaii County Council. The property is located within
the Kona Urban Area but is not located within a Transit-Oriented Development(TOD)
area. The property is situated in Concurrency Zone L on Figure 4-3 (Official
Concurrency Map).Policy TRAN-6.1,6.2 and Table 4-1 (Concurrency Table)lists the
Kahului-Keauhou Parkway(Ali`i Parkway) and Lako Street Extension as priority road
improvements needed in order to rectify existing deficiencies and influence the pattern of
future growth. (P.D.Exhibit 6-Policy TRAN 6.1,6.2,Table 4-1 and Figure 4-3 of
Kona CDP) The Department of Public Works indicates that both roadway projects are
active and necessary,but cannot provide an estimate of when these projects will be
constructed. The Statewide Transportation Improvement Plan (STIP) shows the Alii
Parkway project is expected to begin construction in 2020. The Planning Director
recently issued an interpretive determination regarding Policy TRAN-6.1 to say that he
concurs with the Kona CDP Action Committee's determination that the official
concurrency map be applied as follows: To the extent that road improvements are
necessary as area mitigation for a project within the Kona CDP,such improvements shall
be for some or all of the road segments in that concurrency zone sufficient to offset the
traffic demand or impact generated by that project,based on the level-of-service in
accordance with the standards for such determinations as set forth in section 25-2-46 of
the Zoning Code.
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12. Concurrency: Section 25-2-46 of the Zoning Code contains concurrency requirements
for roads, water supply and civil defense sirens that were adopted by the County Council
in 2007.(P.D.Exhibit 7-Section 25-2-26,Zoning Code)
• Roads: A traffic assessment was prepared by SSFM in July 2015 and finalized in
March 2016 for the 58-lot residential development.The assessment used 2003
traffic counts as the foundation for all level-of-service(LOS)analyses of the two
study intersections: Alii Drive/Lunapule Road and Alii Drive/Royal Poinciana
Drive. The study determined that these intersections currently operate at an
acceptable level of service,but some movements at the Lunapule Road/Ali`i
Drive intersection will operate poorly in 2025 and Royal Poinciana Drive/Ali'i
Drive will operate poorly in 2035. The concurrency requirements state that if an
intersection currently operates at an unacceptable LOS or will within 5 years of
the study,a condition of zoning shall delay occupancy until mitigation is
implemented. Since,according to the traffic assessment, these intersections will
operate at an acceptable LOS through 2025,no mitigation is immediately required
and the development can proceed and be occupied without delay.
• Water The Department of Water Supply has confirmed that 61 units of water are
available to the property,which is sufficient to provide water for the proposed 58-
lot residential development. The applicant's water commitment payment is
current.
• Civil Defense Sirens:The applicant will install an Emergency Outdoor Warning
Siren as required by Condition T of the ordinance.
13. Fair Share: For approximately the past 30 years,the Planning Department has been
responsible for collecting fair share payments from landowners when the County Council
includes a fair share condition in a rezone ordinance. The"trigger"for collection of
payment is typically Final Subdivision Approval for single-family residential lots and
Final Plan Approval for multi-family residential units, such as apartments or townhouses.
Once Final Subdivision Approval and/or Final Plan Approval are issued the developer
may sell off the lots and units to new owners. These current"triggers"were specifically
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chosen as the best point in the development process for both the developer and the
County to pay and collect fair share fees for two reasons. First,it allows the developer to
quickly sell lots or units right after receiving final approvals in order to recover funds
used to develop the project. Secondly,it is the last point in the development process
where the Planning Department has the ability to collect the fair share payment from one
owner(typically the developer)rather than multiple owners at the time of sale. Currently,
administration of the fair share payment system is fairly simple to complete because
payments are calculated and collected at one time for each project,including any needed
adjustments based on the percentage change in the Honolulu Consumer Price Index,
rather than at multiple times as each lot sells.
DESCRIPTION OF PROPERTIES AND SURROUNDING AREA
14. Subject Properties: The properties are located approximately one mile south of
Lunapule Road, and Y2 mile north of Royal Poinciana Drive,on the southwestern slope of
Hualalai. The subject properties are located on the mauka side of Alii Drive,
approximately 300 to 1,000 feet from the ocean, and consists of two parcels(TMK 7-5-
020:071 &072)with a combined area of 10.142 acres. The site is generally rectangular
in shape with a frontage of 6,456 feet and a depth of 7,406 feet. The subject properties
are vacant of any structures and improvements and has been used in the past for cattle
grazing.
15. Surrounding Zoning and Land Uses: The parcel to the north is zoned RM-2 and is
developed with the Alii Lath condominium. The parcel to the south is zoned A-5a and
contains the AIN Garden Marketplace. An Drive is located immediately to the west
(makai)of the subject parcel. Parcels on the makai side of Alii Drive are zoned RM-1.5
and are developed with the Kona Riviera Villa and Kona by the Sea condominium
projects. The proposed Alii Parkway forms the upper boundary of the subject site.
Mauka of the proposed Ali`i Parkway,the area is zoned RS-10 and is developed with the
Kahakai Estates single-family residential project. The Kahakai Elementary School is
situated approximately 500 feet southeast of the subject site.
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AGENCIES' COMMENTS
16. Department of Public Works: P.D.Exhibit 8-January 22,2016 memo
17. Department of Water Supply: P.D.Exhibit 9-December 30,2015 memo
18. Department of Environmental Management-Wastewater Branch: P.D.Exhibit 10-
December 16,2015 memo
19. Department of Health: P.D.Exhibit 11-January 5,2016 memo
20. State Department of Transportation: P.D.Exhibit 12-December 16,2015 letter
21. State Office of Planning: P.D.Exhibit 13-December 18,2015 letter
22. Department of Land and Natural Resources-Engineering and Land Divisions: P.D.
Exhibit 14-January 4,2016
AGENCIES-NO COMMENTS/CONCERNS
23. Fire Department,Police Department,Department of Environmental Management- Solid
Waste Branch.
AGENCIES-NO RESPONSE
24. Civil Defense Agency,Office of Housing and Community Development,Kona Traffic
Safety Committee.
PUBLIC COMMENTS
25. None as of the date of this writing.
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NIS OCT 1 Pf11 ? 27
September 25,2015 p'La`.\;11‘, : :;i '. ,:;'i'‘":1-11\11ENT
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Brandi Beaudet 0
Leeward Planning Commission Q �`
County of Hawaii z
Dear Chairman Brandi Beaudet:
Subject: Request for Amendments to Change of Zone Ordinance No. 04 56(REZ 1039)
Applicant: Al ii Palms, LLC fka Lehua Lani,LLC
TMK: 7-5-20: 71 & 72
SCD Alii Palms,LLC acting as agent for Alii Palms,LLC formally requests a 5-year time extension on
Condition B of Change of Zone Ordinance No. 04 56. In addition,applicant respectfully requests
amendments to Conditions J and V.
CONDITION B
Condition B of the abovementioned Change of Zone Ordinance required that Final Subdivision Approval
be secured by May 27,2014. Applicant's amendment request cannot be processed administratively. The
single 5-year administrative time extension for Condition B was granted in a letter from the Planning
Department dated June 10,2010. Per the rezoning ordinance,a time extension may be granted based on
the justifications provided for the below criteria.
A. The non-performance is the result of conditions that could not have been foreseen or are beyond the
control of the applicant, successors or assigns, and that are not the result of their fault or negligence.
Alii Palms, LLC acquired the property in 2006 and worked diligently to gain Final Subdivision Approval.
Tentative Subdivision Approval was granted by the County of Hawaii Planning Department the same
year. In addition,applicant acquired the requisite Affordable Housing Credits to satisfy County of
Hawaii's Affordable Housing Policy pursuant to Chapter 11,Article 1, HCC on June 1,2006.
However,the project fell victim to the global recession. After being granted an administrative time
extension, Alii Palms, LLC entered into a partnership agreement with SCD Alii Palms,LLC to develop
the 58 single-family unit project.
SCD Alii Palms,LLC submitted the project's Final Plat Map on May 19,2014 and received a Letter of
Acknowledgment on May 29,2014. Further,applicant submitted approved construction plans to the
County of Hawaii Planning Department in May of 2014. Per the Change of Zone Ordinance,applicant
was required to construct the project's drainage improvements to obtain Final Subdivision Approval. In
an effort to secure Final Subdivision Approval prior to May 27,2014, SCD Alii Palms, LLC worked in
good faith with the Planning Department to bond the project's drainage improvements as well as its fair
share contribution. However,we were unable to work through the details prior to the Final Subdivision
Approval deadline. Except for the aforementioned,all performance conditions required under the Change
of Zone Ordinance have been satisfied.
Planning Dept.
Exhibit_
B. Granting of the time extension would not be contrary to the General Plan or Zoning Code.
General Plan:
Applicant's proposed development will complement the goals,policies and standards of the County
General Plan.
• The General Plan Land Use Pattern Allocation Guide(LUPAG)Map delineates basic urban and
non-urban areas within the County. As shown on the LUPAG Map,the subject area is designated
Medium Density Urban as well as an Urban Expansion Area. Specifically,a Medium Density
Urban designation allows for village/neighborhood commercial uses and residential uses with a
maximum density of 35 units per acre. The proposed development will have a maximum density
of 6 units per acre. Further,Urban Expansion areas allow"for a mix of high density, low density,
industrial and/or open designations in areas where new settlements may be desirable, but where
specific settlement pattern and mix of uses have yet to be determined." The most current
revisions to the General Plan do not affect the subject site. The current designation on the
LUPAG map is the same as when the subject property was rezoned from A-5a to RS-7.5.
• The proposed 58 single-family unit residential development will enhance the variety of housing
inventory in the district of North Kona as well as provide housing in an area that is appropriately
located and serviced. Given the above,the proposed development will be in harmony with the
character of the surrounding neighborhood and result in an intensity of land utilization no higher
than as permitted.
• The project has been designed to be energy conscious through the planned use of solar energy as
well as the incorporation of LEED principles in construction.
• Applicant is committed to maintaining and improving the quality of the environment as
delineated in the General Plan. The project has been designed to mitigate the following
environmental concerns:
o Air pollution
o Water quality
o Soil pollution
o Solid waste disposal
o Noise pollution
• Applicant will preserve the recognized archaeological sites located on the property per the
approved preservation and mitigation plan. Should any archaeological remains be encountered
during construction,applicant will cease work. Subsequent work will proceed only upon
archaeological clearance from the Department of Land and Natural Resources—Historic
Preservation Division.
• The project will have minimal impact on public facilities. The roadway and related system within
the project will be private. The project's water system has been designed and will be developed
to meet the Department of Water Supply's requirements. Applicant is also responsible for the
construction of all on-site improvements.
2
Zoning:
Since the initial approval of the Change of Zone Ordinance,the only significant changes to the Zoning
Code were the adoption of Ordinance No.07-99(June 2007)regarding concurrency as well as the
adoption of the Kona Community Development Plan(September 2008)with Ordinance No. 08-131.
Ordinance No.07-99(June 2007)
1. Section 25-2-46(d)(Concurrency Requirements)states the following:
(d) Traffic impact analysis report required:
A traffic impact analysis report(TIAR), prepared or updated within six months before the
submission of the application,shall be included with the application for any zoning amendment
that can generate fifty or more peak hour trips.
Based on developing 58 single-family residential units,the proposed zoning amendment will generate
more than 50 peak hour trips. Given the above,applicant commissioned an updated TIAR for the project
site. The report evaluated current conditions as well as the impact the proposed development would have
on the surrounding area. Additionally,the report includes projections and analysis for future growth in
five,ten,twenty years as required in Hawaii County Code, Section 25-2-46(d)(Concurrency
Requirements).
The updated TIAR concludes that development of the proposed project will have minimal traffic impact
on Alii Drive as well as the surrounding areas. The report did recommend the installation of the
following to account for the anticipated growth in traffic by the surrounding areas:
• Traffic signal or a roundabout at Alii Drive and Lunapule Road by the year 2025
• Traffic signal or a roundabout at Alii Drive and Royal Poinciana Drive by the year 2035
Please see Exhibit A for Updated TIAR for Alii Palms.
2. Section 25-2-46(m)(Concurrency Requirements)states the following:
(m) A zoning amendment application shall not be granted unless:
A zoning amendment application shall not be granted unless: (1)the department of water supply
has determined that it can meet the water requirements of the project and issue water
commitments using its existing system; or(2)specific improvements to the existing public water
system,or a private water system equivalent to the requirements of the department of water
supply will be provided to meet the water needs of the project and conditions of zoning delay
occupancy until the necessary improvements are actually constructed.
Applicant has and will continue to meet the water requirements of the project per the Board of Water
Supply. Applicant is current on payment of requisite water commitments.
3
Ordinance No.08-131
1. Kona Community Development Plan(KCDP)adopted by Ordinance 08-131:
The Transportation and Land Use section of the KCDP fall under Chapter 4(Goals,Policies,
Objectives and Actions.) These sections refer to specific concurrency requirement within the Kona
Urban Area(KUA). The KUA is comprised of Transit-Oriented Development Urban Villages
(TODs)as well as Concurrency Zones.
The proposed development lies within Concurrency Zone L and is subject to the following:
"The legally binding policies in this section,as defined irn4.0 Goals,Objectives, Policies and Actions,
do not override or invalidate existing zoning. Such legally binding policies, however, shall be
implemented with new changes of zone, time extensions on existing zoning requiring County Council
action, state land use boundary amendments, and Special Management Area(SMA)permits.
Per Hawaii County Code Section 25-2-46, rezoning within the KUA shall comply with the Official
Concurrency Map,which identifies the road segments to be constructed concurrent with occupancy of
units as the minimum"area mitigation."
The Official Concurrency Map assumes:
• The widening of Queen Kaahumanu Highway to four lanes from the Kona International
Airport to Henry Street.
• Concurrency Zone L requires that the following roads be constructed before occupancy of
units:
o 30A—Kahului-Keauhou Parkway(Lako Street to Kuakini Highway)
o 31 —Lako Street Extension
The State of Hawaii Department of Transportation(DOT)has confirmed that the widening of Queen
Kaahumanu Highway from the Kona International Airport to Henry Street will commence in September
2015 and take approximately 2 years to complete. Goodfellow Bros., Inc. has received Construction
Notice to Proceed from the DOT. Completion of Queen Kaahumanu widening will coincide with the
occupancy of the 58 single-family residential units slated to be constructed.
Although Kahului-Keauhou Parkway and the Lako Street Extension are noted as priorities for
construction,the proposed alignment of each was preliminary at the time the KCDP was finalized.
Applicant respectfully asks to be excused from the requirement of Concurrency Zone L to construct the
Kahalui-Keauhou Parkway as it has been indefinitely placed on hold due to the discovery of significant
archeological findings.
Per Kason Pacheco of the County of Hawaii Department of Public Works, a private developer of property
surrounding the proposed Lako Street Extension has retained a consultant and working on a survey so as
to begin civil design. The private developer expects construction to being within a year.
4
C. Granting of the time extension would not be contrary to the original reasons for the granting of the
change of zone.
The original reasons for approving the rezoning of this site were articulated in the Planning Commission's
approval of the Change of Zone Ordinance. Such reasons included and continue to include the following:
• Conformity to the County General Plan LUPAG Map and polices;
• Minimal resource impacts such as floral,faunal and agriculture;
• No significant development constraints such as floodwater or archaeological or cultural
• Availability of infrastructure
It is thus maintained that the reasons to support the existing rezoning also apply to the requested time
extension.
CONDITION J
Condition J of the Change of Zone Ordinance requires that drainage improvements be constructed prior to
receipt of final subdivision approval. Applicant respectfully asks that this condition be modified to
accommodate use of a surety bond to ensure completion of said improvements. Bonding of such
improvements is a routine process similar to the bonding of other subdivision improvements. Applicant
will begin construction of project's drainage improvements within six-months of receipt of grading permit
from County of Hawaii Department of Public Works—Building Division.
CONDITION V
Condition V of the Change of Zone Ordinance requires applicant to pay their fair share contribution prior
to final subdivision approval. Applicant respectfully asks to defer payment of their fair share contribution
until each of the 58 single-family residential units are constructed and sold. Applicant seeks to modify
Condition V to allow for payment to be made via escrow upon the closing of each of the 58 single-family
residential units.
Applicant offers suggested language as below:
The applicant may defer the payment of the fair share contribution by executing irrevocable escrow
instructions, in form reasonably approved by the Planning Director, requiring the payment of the fair
share contribution attributable to each single family residential unit, in the amount determined,on the
closing of the sale of each single family residential unit to a third party purchaser. Said escrow
instructions shall be approved by the Planning Director and executed by the applicant prior to final
subdivision approval of any portion of the subject property or within five(5)years from the effective date
of this change of zone ordinance,whichever occurs first. The fair share contribution may be adjusted
annually beginning upon the effective date of final subdivision approval, based on the percentage change
in the Honolulu Consumer Price Index(IICPI).
5
Given the above,the applicant respectfully asks for your consideration in approving the above referenced
amendments. Should you have any questions on this matter, please feel free to call me at(808)537-5220.
Sincerely,
SCD Alii Palms,LLC
St.nford _.Carr
6
September 25,2015
Brandi Beaudet
Leeward Planning Commission
County of Hawaii
Dear Chairman Brandi Beaudet:
Subject: Request for Amendments to Special Management Area Use Permit No. 441
Applicant: Alii Palms, LLC fka Lehua Lani,LLC
TMK: 7-5-20: 71 & 72
SCD Alii Palms, LLC acting as agent for Alii Palms,LLC formally requests a 5-year time extension on
Condition 4 of the Special Management Area Use Permit No.441. In addition,applicant respectfully
requests amendments to Condition 6.
CONDITION 4
Condition 4 of the abovementioned Special Management Area Use Permit No. 441 required that Final
Subdivision Approval be secured by May 27, 2014. Applicant's amendment request cannot be processed
administratively. The single 5-year administrative time extension for Condition 4 was granted from the
Planning Department. Per the rezoning ordinance,a time extension may be granted based on the
justifications provided for the below criteria.
A. The non-performance is the result of conditions that could not have been foreseen or are beyond the
control of the applicant, successors or assigns, and that are not the result of their fault or negligence.
Alii Palms, LLC acquired the property in 2006 and worked diligently to gain Final Subdivision Approval.
Tentative Subdivision Approval was granted by the County of Hawaii Planning Department the same
year. In addition,applicant acquired the requisite Affordable Housing Credits to satisfy County of
Hawaii's Affordable Housing Policy pursuant to Chapter 11,Article 1, HCC on June 1,2006.
However,the project fell victim to the global recession. After being granted an administrative time
extension,Alii Palms,LLC entered into a partnership agreement with SCD Alii Palms, LLC to develop
the 58 single-family unit project.
SCD Alii Palms, LLC submitted the project's Final Plat Map on May 19, 2014 and received a Letter of
Acknowledgment on May 29,2014. Further,applicant submitted approved construction plans to the
County of Hawaii Planning Department in May of 2014. Per the Special Management Area Use Permit,
applicant was required to construct the project's drainage improvements to obtain Final Subdivision
Approval. In an effort to secure Final Subdivision Approval prior to May 27, 2014, SCD Alii Palms,
LLC worked in good faith with the Planning Department to bond the project's drainage improvements as
well as its fair share contribution. However,we were unable to work through the details prior to the Final
Subdivision Approval deadline. Except for the aforementioned, all performance conditions required
under the Special Management Area Use permit have been satisfied.
Planning Dept.
Exhibit •Z
B. Granting of the time extension would not be contrary to the General Plan or Zoning Code.
General Plan:
Applicant's proposed development will complement the goals,policies and standards of the County
General Plan.
• The General Plan Land Use Pattern Allocation Guide(LUPAG)Map delineates basic urban and
non-urban areas within the County. As shown on the LUPAG Map,the subject area is designated
Medium Density Urban as well as an Urban Expansion Area. Specifically,a Medium Density
Urban designation allows for village/neighborhood commercial uses and residential uses with a
maximum density of 35 units per acre. The proposed development will have a maximum density
of 6 units per acre. Further, Urban Expansion areas allow"for a mix of high density,low density,
industrial and/or open designations in areas where new settlements may be desirable, but where
specific settlement pattern and mix of uses have yet to be determined." The most current
revisions to the General Plan do not affect the subject site. The current designation on the
LUPAG map is the same as when the subject property was rezoned from A-5a to RS-7.5.
• The proposed 58 single-family unit residential development will enhance the variety of housing
inventory in the district of North Kona as well as provide housing in an area that is appropriately
located and serviced. Given the above,the proposed development will be in harmony with the
character of the surrounding neighborhood and result in an intensity of land utilization no higher
than as permitted.
• The project has been designed to be energy conscious through the planned use of solar energy as
well as the incorporation of LEED principles in construction.
• Applicant is committed to maintaining and improving the quality of the environment as
delineated in the General Plan. The project has been designed to mitigate the following
environmental concerns:
o Air pollution
o Water quality
o Soil pollution
o Solid waste disposal
o Noise pollution
• Applicant will preserve the recognized archaeological sites located on the property per the
approved preservation and mitigation plan. Should any archaeological remains be encountered
during construction, applicant will cease work. Subsequent work will proceed only upon
archaeological clearance from the Department of Land and Natural Resources—Historic
Preservation Division.
• The project will have minimal impact on public facilities. The roadway and related system within
the project will be private. The project's water system has been designed and will be developed
to meet the Department of Water Supply's requirements. Applicant is also responsible for the
construction of all on-site improvements.
2
Zoning:
Since the initial approval of the Special Management Area Use Permit No.4,the only significant changes
to the Zoning Code were the adoption of Ordinance No.07-99(June 2007)regarding concurrency and
as the adoption of the Kona Community Development Plan(September 2008)with Ordinance No.08-
131.
Ordinance No.07-99(June 2007)
1. Section 25-2-46(d)(Concurrency Requirements)states the following:
(d) Traffic impact analysis report required:
A traffic impact analysis report(TIAR), prepared or updated within six months before the
submission of the application, shall be included with the application for any zoning amendment
that can generate fifty or more peak hour trips.
Based on developing 58 single-family residential units,the proposed zoning amendment will generate
more than 50 peak hour trips. Given the above,applicant commissioned an updated TIAR for the project
site. The report evaluated current conditions as well as the impact the proposed development would have
on the surrounding area. Additionally,the report includes projections and analysis for future growth in
five,ten,twenty years as required in Hawaii County Code, Section 25-2-46(d)(Concurrency
Requirements).
The updated TIAR concludes that development of the proposed project will have minimal traffic impact
on Alii Drive as well as the surrounding areas. The report did recommend the installation of the
following to account for the anticipated growth in traffic by the surrounding areas:
• Traffic signal or a roundabout at Alii Drive and Lunapule Road by the year 2025
• Traffic signal or a roundabout at Alii Drive and Royal Poinciana Drive by the year 2035
Please see Exhibit A for Updated TIAR for Alii Palms.
2. Section 25-2-46(m)(Concurrency Requirements)states the following:
(m) A zoning amendment application shall not be granted unless:
A zoning amendment application shall not be granted unless:(I)the department of water supply
has determined that it can meet the water requirements of the project and issue water
commitments using its existing system; or(2)specific improvements to the existing public water
system,or a private water system equivalent to the requirements of the department of water
supply will be provided to meet the water needs of the project and conditions of zoning delay
occupancy until the necessary improvements are actually constructed.
Applicant has and will continue to meet the water requirements of the project per the Board of Water
Supply. Applicant is current on payment of requisite water commitments.
3
Ordinance No.08-131
1. Kona Community Development Plan(KCDP)adopted by Ordinance 08-131:
The Transportation and Land Use section of the KCDP fall under Chapter 4(Goals, Policies,
Objectives and Actions.) These sections refer to specific concurrency requirement within the Kona
Urban Area(KUA). The KUA is comprised of Transit-Oriented Development Urban Villages
(TODs)as well as Concurrency Zones.
The proposed development lies within Concurrency Zone L and is subject to the following:
"The legally binding policies in this section,as defined in 4.0 Goals,Objectives, Policies and Actions,
do not override or invalidate existing zoning. Such legally binding policies, however, shall be
implemented with new changes of zone,time extensions on existing zoning requiring County Council
action, state land use boundary amendments, and Special Management Area(SMA)permits.
Per Hawaii County Code Section 25-2-46, rezoning within the KUA shall comply with the Official
Concurrency Map,which identifies the road segments to be constructed concurrent with occupancy of
units as the minimum"area mitigation."
The Official Concurrency Map assumes:
• The widening of Queen Kaahumanu Highway to four lanes from the Kona International
Airport to Henry Street.
• Concurrency Zone L requires that the following roads be constructed before occupancy of
units:
o 30A—Kahului-Keauhou Parkway(Lako Street to Kuakini Highway)
o 31 —Lako Street Extension
The State of Hawaii Department of Transportation(DOT)has confirmed that the widening of Queen
Kaahumanu Highway from the Kona International Airport to Henry Street will commence in September
2015 and take approximately 2 years to complete. Goodfellow Bros., Inc.has received Construction
Notice to Proceed from the DOT. Completion of Queen Kaahumanu widening will coincide with the
occupancy of the 58 single-family residential units slated to be constructed.
Although Kahului-Keauhou Parkway and the Lako Street Extension are noted as priorities for
construction,the proposed alignment of each was preliminary at the time the KCDP was finalized.
Applicant respectfully asks to be excused from the requirement of Concurrency Zone L to construct the
Kahalui-Keauhou Parkway as it has been indefinitely placed on hold due to the discovery of significant
archeological findings.
Per Kason Pacheco of the County of Hawaii Department of Public Works, a private developer of property
surrounding the proposed Lako Street Extension has retained a consultant and working on a survey so as
to begin civil design. The private developer expects construction to being within a year.
4
C. Granting of the time extension would not be contrary to the original reasons for the granting of the
change of zone.
The original reasons for approving the rezoning of this site were articulated in the Planning Commission's
approval of the Special Management Area Use Permit. Such reasons included and continue to include the
following;
• Conformity to the County General Plan LUPAG Map and polices;
• Minimal resource impacts such as floral, faunal and agriculture;
• No significant development constraints such as floodwater or archaeological or cultural
• Availability of infrastructure
It is thus maintained that the reasons to support the existing rezoning also apply to the requested time
extension.
CONDITION 6
Condition 6 of the Special Management Area Use Permit requires that drainage improvements be
constructed prior to receipt of final subdivision approval. Applicant respectfully asks that this condition
be modified to accommodate use of a surety bond to ensure completion of said improvements. Bonding
of such improvements is a routine process similar to the bonding of other subdivision improvements.
Applicant will begin construction of project's drainage improvements within six-months of receipt of
grading permit from County of Hawaii Department of Public Works—Building Division.
Given the above,the applicant respectfully asks for your consideration in approving the above referenced
amendments. Should you have any questions on this matter, please feel free to call me at(808)537-5220.
Sincerely,
SCD Alii Palms,LLC
Stanford S.Carr
5
COUNTY OF HAWAII STATE OF HAWAII
BILL NO, 209
(Draft 4)
ORDINANCE NO. 04 56
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-7.5)AT PUAPUAA 2nd,NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-20:71 and 72.
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 Puapuaa 2nd, North
Kona,Hawai`i shall be Single Family Residential(RS-7.5):
PARCEL"A"
Beginning at a'A inch pipe(found)the Northwesterly corner of this parcel of land,
being also the Southwesterly corner of Lot 5-A and being a point on the Easterly side of
Alii Drive,the coordinates of said point of beginning referred to Government Survey
Triangulation Station"KAHELO"being 1,953.10 feet South and 1,089.37 feet East and
running by azimuths measured clockwise from True South:
Thence, for the next six(6)courses following along the remainder of Royal Patent
7819,Land Commission Award 8559-B,Apana 8 to William C. Lunalilo:
I. 240° 41' 688.11 feet along Lot 5-A to a spike(found);
2. 330° 34' 30" 48.96 feet to a spike(found);
3. 240° 08' 50.00 feet to a '/2 inch pipe(found);
Thence, following along Parcel B-1 on a curve to the left with a radius of 5,050.00
feet, the chord azimuth and distance being:
-1-
Planning Dept.
Exhibit 3
4. 329° 08' 176.27 feet to a %s inch pipe(found);
5. 328° 08' 57.30 feet along Parcel B-i to a 'A inch pipe
(found);
6. 57° 52' 35" 739.70 feet along Lot 3-A to a %I inch pipe(found);
Thence,following along the Easterly side of Alii Drive on a curve to the right with a
radius of 5,704.70 feet,the chord azimuth
and distance being:
7. 149° 28' 31.5" 318.21 feet to the point of beginning and containing
an area of 5.036 Acres.
PARCEL"B"
Beginning at a th inch pipe(found)the Southwesterly corner of this parcel of land,
being also the Northwesterly corner of Lot 5-A and being a point on the Easterly side of
Alii Drive,the coordinates of said point of beginning referred to Government Survey
Triangulation Station"KAHELO"being 1,953.10 feet South and 1,089.37 feet East and
running by azimuths measured clockwise from True South:
Thence, following along the Easterly side of Alii Drive on a curve to the right
with a radius of 5,704.70 feet, the chord
azimuth and distance being:
1. 152° 43' 06" 327.47 feet to a spike(set);
Thence,for the next five(5)courses following along the remainder of Royal
Patent 7819,Land Commission Award 8559-B,Apana 8 to William C. Lunnalilo;
2. 244° 21' 50" 735.63 feet along Lot B-I to a spike(found);
Thence, following along Parcel B-1 on a curve to the left with a radius of 5,050.00
feet,the chord azimuth and distance being:
3. 332° 26' 22" 250.78 feet to a spike(found);
4. 61° 01' 50.00 feet along Parcel B-1 to a spike(found);
5. 330° 34' 30" 29.67 feet along Parcel B-i to a spike(found);
-2-
6. 60° 41' 688.11 feet along Lot 4-A to the point of beginning
and containing an area of 5.106 Acres.
All as shown on the map attached hereto,marked Exhibit"A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code,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, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
B. Final subdivision approval shall be secured within five(5)years from the
effective date of this ordinance.
C. Only one access from Alii Drive shall be allowed for the proposed subdivision
meeting with the approval of the Department of Public Works. The subdivision
roadway from Alii Drive shall provide a minimum of 45 feet of storage and
turnaround on the Alii Drive side of any gated vehicle access. The roadway
connection with Alii Drive shall conform to Chapter 22, Streets and Sidewalks,of
the Hawaii County Code.
-3-
D. A 5-foot wide no vehicular access planting screen easement shall be delineated
along all lots fronting Alii Drive. Vehicular access to the individual lots shall not
be permitted from Alii Drive.
E. A 10-foot future road widening strip along the length of Alii Drive shall be
dedicated to the County prior to receipt of final subdivision approval.
F. A paved shoulder extending to the property line along the Alii Drive frontage of
the property shall be provided meeting with the approval of the Department of
Public Works. The paved shoulder improvements may include pavement
transitions,signs,markings,drainage improvements,and relocation of utilities.
Utility meter and pressure reducing valve vaults shall also be located outside of
the right-of-way in accordance with the requirements of the Department of Public
Works.
G. The existing two-way left turn lane on Alii Drive fronting the adjacent property to
the north shall be extended to serve the roadway entry of the subject property in
accordance with the requirements of the Department of Public Works. The
necessary improvements for the extension of the two-way left turn lane,which
shall consist of,but not limited to,pavement widening,drainage improvements,
streetlights,signs and markings,and relocation of utilities shall be provided in
accordance with the requirements of the Department of Public Works. These
improvements shall be constructed and dedicated at no cost to the County.
H. Any additional right-of-way necessary for the Kahului to Keauhou Parkway(aka
Alii Highway)shall be as determined by the Department of Public Works within
four months of the effective date of this ordinance or action on any Planned Unit
Development(PUD)permit for the subject project, whichever is sooner, and shall
be dedicated at no cost to the County in conjunction with the subdivision of the
-4-
subject property. A vehicular egress from the project onto the Parkway shall be
allowed,unless deemed inappropriate by the Department of Public Works. Said
egress shall also be made available to the general public in times of emergency.
1. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
J. A drainage study shall be prepared for review and the recommended drainage
system shall be constructed meeting with the approval of the Department of
Public Works. The drainage improvements shall be constructed prior to receipt of
final subdivision approval.
K. The proposed subdivision shall connect to the County sewer system.
L. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative
Rules, Department of Health,which requires an NPDES permit for certain
construction activity.
M. During construction,measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the State of Hawaii.
N. All earthwork and grading shall conform to Chapter 10,Erosion and Sediment
Control of the Hawaii County Code.
0. The U.S. Department of Army Corps of Engineers shall be contacted to identify
whether a Federal Permit(including a Department of Army permit)is required for
this project. The Planning Director shall be notified in writing as to whether such
-5-
permit is required for the development of the project.
P. An archaeological inventory survey shall be submitted to the State of Hawaii
Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD)for acceptance. The applicant shall obtain approval of a
Preservation and Mitigation Plan,which shall include a Burial Treatment Plan,
from the DLNR-HPD. The applicant shall include all of the DLNR-HPD
mitigation measures and conditions specified in the Preservation and Mitigation
Plan,including the Burial Treatment Plan,into the plans for the project,which
shall be conditions of subdivision approval.
Q. The archaeological features on the mauka end of the project site shall be preserved
and made a part of the project's approximately one-half-acre landscaping/open
space buffer from the Kahului to Keauhou Parkway(Alii Highway). The burial
site(16116)consisting of two burial platforms shall be preserved"as is." A
landscaped buffer shall be placed surrounding the burial site,and the burial site
shall incorporated into the project's landscaping/open space feature. Access to the
burial site by descendants shall be allowed,consistent with the requirements of
the Preservation and Mitigation Plan and Burial Treatment Plan approved by the
State of Hawaii Department of Land and Natural Resources-Historic Preservation
Division(DLNR-HPD).
R. Should any undiscovered 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 mitigation measures have been taken.
-6-
S. The applicant, its successors or assigns,shall be responsible for ensuring that the
proposed passive park site is preserved,maintained,and cared for in perpetuity.
T. The applicant shall purchase and install an Emergency Outdoor Warning Siren,
acceptable to the Hawaii County Civil Defense Agency, provided that the cost of
these improvements shall be credited against the applicant's fair share
requirement for fire,police,and if needed,road and traffic improvements outlined
in Condition V. An Emergency Response Plan shall be submitted to the Hawaii
County Civil Defense Agency for review and approval prior to receipt of final
subdivision approval.
U. The applicant shall comply with the County of Hawaii's Affordable Housing
Policy pursuant to Chapter i 1,Article 1,Hawaii County Code.
V. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads,park,fire,police and solid waste
disposal facilities. 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 final subdivision approval of
any portion of the subject property or within five(5)years from the effective date
of this 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 this ordinance,based on
the percentage change in the Honolulu Consumer Price Index(HCPI). The fair
share contribution shall have a maximum combined value of$9,472.12 per single
-7-
family residential unit. Fair share contributions shall be allocated as follows:
I. $4,567.62 per single family residential unit for an indicated total of
$264,921.96 to the County to support park and recreational improvements
and facilities;
2. $220.34 per single family residential unit for an indicated total of
$12,779.72 to the County to support police facilities;
3. $435.21 per single family residential unit for an indicated total of
$25,242.18 to the County to support fire facilities;
4. $190.54 per single family residential unit for an indicated total of
$11,051.32 to the County to support solid waste facilities;
5. $4,058.41 per single family residential unit for an indicated total of
$235,376.18 to the State or County to support road and traffic
improvements;
In lieu of paying the fair share contribution,the applicant may construct such
facilities related to park,fire,police and solid waste disposal facilities subject to
the review and recommendation of the Planning Director,upon consultation with
the appropriate agencies and approval of the Hawaii County Council.
W. 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.
-8-
X. Comply with all applicable laws, rules,regulations and requirements of other
affected agencies, including the Department of Water Supply.
Y. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of this change of zone ordinance. The report shall include,but
not be limited to,the status of the development and compliance with the
conditions of approval. This condition shall remain in effect until all of the
conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
Z. An initial extension of time for the performance of conditions within this
ordinance may be granted by the Planning Director upon the following
circumstances:
I. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e.,a condition to be performed within
one year may be extended for up to one additional year).
-9-
AA. Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the property to its original
or more appropriate designation.
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:
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COUNC ME C UNI1Y OF HAW
Hilo ,Hawaii
Date of Introduction: May 5, 2004
Date of 1st Reading: May 5, 200 4
Date of 2nd Reading: May 19, 2004
Effective Date: May 27, 2004
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AGRICULTURAL(A46)TO AGRICULTURAL(A.6y TO:
SAJGLE•FANN Y RESIDENTIAL IRS.7.31 SNIGLE FAMLY RESIDENTIAL 4-7.5)
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AMENDMENT TO THE ZONINGj CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNICY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO SINGLE-FAMILY RESIDENTIAL (RS-7.5)
AT PUAPUAA 2nd, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TSMC: 74-020.071&072 Oate: November 25.2003
ERHIBIT"A"
CLenua Leni.LLC 1i7)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii `
f 21
Introduced By: Leningrad Elarionoff ( ?�l�pt� )�t ROLL CALL VOTE
Date Introduced: May 5, 2004 C•• AYES NOES ABS EX
First Reading: May 5, 2004 ArakalL01•-_ ;' x
Published: May 16, 2004 — Chung X
Elarionoff X
REMARKS: Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler X
7 2 0 0
Second Reading: May 19, 2004 _ (Draft 4 ) _
To Mayor: May 21, 2004 _ ROLL CALL VOTE
Returned: May 28, 2004 AYES NOES ABS EX
Effective: May 27. 2004 Arakaki X
Published: June 61 2004 _ Chung X
Elarionoff X
REMARKS- Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler X
8 L 1 t 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 L GAL � ""
%OUNCIL CHAIRMAN
EPVTY ORPORATION COUNSEL
COUNTY OF HAWAII
_�. NTY CLERK
Date .7 C/
Bill No.:
209 (Draft 4
Reference:
C-455.24/PC-88
Approve Disapproved this aty day 04 56
Ord.No.:
of M 20 04
YOR, C INTY 6V HAWA11
Hawai'i County is an Equal Opportunity Provider and Employer
I
_ Harry Kim ',1-;44,:,--1 ,11�'`\
Mayor . - -0, 4r
: ;+- -,il'.:.
• OF Nom`
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720-3043
(808)961-8288 • Fax(808)961-8742
December 30, 2003
Mr. Sidney Fulce
100 Pauahi Street,Suite 212
Hilo,HI 96720
Dear Mr. Fuke:
Special Management Area Use Permit Application(SMA 03-015)
Applicant: Lehua Lani,LLC
Request: Development of 58 Single Family Lots and Dwelling Units
And Related Improvements
Tax Map Key: 7-5-20:71 and 72
The Planning Commission at its duly held public hearing on December 4,2003,voted to approve
the above-referenced application. Special Management Area(SMA)Use Permit No.441 is
hereby issued to allow the development of a 58-unit single family residential house and lot
subdivision and related improvements. The property is located along the east(mauka)side of
Alii Drive,between the Ali`i Lani Condominium and the Ali`i Garden Marketplace and across
from the Kona By)he Sea and Kona Riviera Villas condominium complexes,Puapuaa 2°d,North
Kona,Hawaii. _T
Approval of this request is based on the following:
The purpose of Chapter 205A,Hawaii Revised Statutes(HRS),and Special
Management Area Rules and Regulations of the County of Hawaii, is to preserve,protect,
and where possible,to restore the natural resources of the coastal zone areas. Therefore,
special controls on development within an area along the shoreline are necessary to avoid
permanent loss of valuable resources and the foreclosure of management options.
The proposed development will not have any significant adverse environmental or
ecological effect, except as such adverse effect is minimized to the extent practicable an
04.6444.
Planning Dept. DEC 2
Exhibit '1
(
Mr. Sidney Fuke
Page 2
clearly outweighed by public health,safety,or compelling public interest. Such adverse
effect shall include,but not be limited to,the potential cumulative impact of individual
developments,each one of which taken in itself might not have a substantial adverse
effect and elimination of planning options. The proposed development includes:
• Single-family housing- 58 single-family residential homes on lots ranging in size
from 4,000 to 6,000+square feet. The applicant is proposing four basic home
designs,varying between 1 and 2 stories in height. None of the structures is
planned to exceed the maximum height limit of 35 feet. Some of the structures
will be set back less than the required 15 feet from the front and rear property
lines and 8 feet along the sides.
• An approximately Y2-acre open space/archaeological preserve park site is
proposed adjacent to the planned Kahului to Keauhou Parkway(aka Ali`i
Highway). This site would serve as an archaeological preserve,and a passive
recreation area. The site would be a landscaped visual and noise buffer from the
Kahului to Keauhou Parkway.
• Landscaped features,with an emphasis on native plants—at the entrance to the
project,the open space/archaeological/buffer area,as well as within the road
rights-of-way.
• A private loop road with grass swales within the road rights-of-way. The primary
road would have a right-of-way of approximately 36 feet,with a 20-foot wide
pavement. The rear access lanes would have a right-of-way of 24 feet with an 18-
foot wide pavement. In addition to the grassed swales,the applicant proposes
trees and flowering landscaping in the balance of the road rights-of-way. All of
the roads and improvements are to be owned and maintained by the homeowners
association. None of the proposed improvements are intended for dedication to
the County.
The proposed project will not create significant adverse impacts upon nearby and
immediately adjacent properties as the properties have been developed with apartments,
condominiums,single family residences,and other urban uses. The parcel to the north is
developed with the Ali`i Lani condominium. The parcel to the south contains the An
Garden Marketplace. Alii Drive is located immediately to the west(makai)of the
subject parcel. Parcels on the makai side of Alii Drive are developed with the Kona
Riviera Villa and Kona by the Sea condominium projects. The proposed Kahului to
Keauhou Parkway forms the upper boundary of the subject site. Mauka of the proposed
Kahului to Keauhou Parkway, the area is developed with the Kahakai Estates single
family residential project. Given the project's proposed extensive landscaping,the visual
impact to the surrounding areas will not be significant. The proposed development will
Mr. Sidney puke
Page 3
not substantially affect scenic vistas or viewplanes of nearby residents nor have an
adverse impact on coastal recreational or visual resources to the shoreline and coastal
ecosystems.The subject property is located mauka of Ali'i Drive approximately 300 feet
from the shoreline. Therefore,the proposed project will not restrict access to coastal
recreational resources along the shoreline nor will it restrict existing visual viewplanes
from Alii Drive. Looking makai towards the ocean from Kuakini Highway,the subject
site is visible and will have some visual impact. However,there are existing structures
that are located makai of the subject site that obscure views of the coastline from Kuakini
Highway. The proposed development with all of its structures no higher than 35 feet tall
will not result in#hither diminution of the coastal view from Kuakini Highway. This is
because the distance of the site from the highway(over 1,000 feet),the less dominating
single-family structures, and the landscaping,work favorably together to reduce the visual
impact of the project from Kuakini Highway. The view plane from the shoreline towards
the property will not be impacted as surrounding and intervening properties are developed
with condominiums.
Air quality in the area of the subject property is most affected by emissions from
natural and vehicular sources. The principal source of both short-term air and noise
quality impacts associated with the construction of the proposed improvements is
expected during construction,especially during grubbing and grading activities. These
impacts can be mitigated through the utilization of best management practices. Given the
limited nature of the improvements,no significant long-term air and noise quality impacts
are anticipated.
The proposed project is consistent with the objectives and policies as provided by
Chapter 205A,HRS,and Special Management Area guidelines contained in Rule No.9
of the Planning Commission Rules of Practice and Procedure. County water and
wastewater service is available to the site. Any potential runoff or discharge that could
reach ocean waters can be handled by on-site improvements consistent with the
requirements of the Department of Public Works. Any impacts from soil erosion and
runoff during site preparation and construction phases can be adequately mitigated
through compliance with existing regulations and proper construction practices. Air
emissions generated during the construction phase for the proposed project can be
mitigated by existing construction regulations_ With these precautionary measures in
place,the proposed development is not anticipated to have any substantial adverse effects
upon nearby coastal resources or the surrounding environment. Conditions of approval
will be included relating to wastewater,solid waste and public safety to ensure that
impacts on coastal resources are minimized.
An archaeological inventory survey of the subject site was conducted by Paul H.
Rosendahl, Inc., (PHRI), and a report was prepared in July 2003 which indicated the
following: "During the survey 14 sites and 36 component features were identified. These
Mr. Sidney Puke
Page 4
included wall,enclosure,C-shape,terrace,concrete structure,mound,platform,modified
outcrop,and well features. These features are prevalent in both the North Kona District
and the island of Hawaii. The functions of these features were largely for habitation,
agriculture,possible boundary,and burial. Of the 9 recorded terraces,3 were thought to
be paepae or sleeping houses,while the remaining were thought to be agricultural in
nature. Of the 7 enclosures,4 were thought to be related to animal/agricultural use,while
the remaining appeared to be associated with habitation. There were 5 platforms
identified,and all appeared to be of the late prehistoric or contact-era age. When tested,2
of the features(features D&E at Site 16116)confirmed the presence of human remains.
The others did not. Five mounds were identified,and these appeared to be agricultural in
function,consistent with the Kona Field System. The 2 concrete features appeared to be
of recent vintage and for animal husbandry. The 4 walls,the 2 modified outcrops,and the
single C-shape appear to also have agricultural function. The C-shape appeared to
provide shelter associated with the agricultural activity. There was one well found of the
site. This well had a concrete and basal `apron' around it,a windmill tower,and an
engine shed. It thus appeared to be of recent vintage. Relative to the sites on the subject
property,the survey concluded that 13 of the 14 sites as being significant solely for their
informational content and that no further work was recommended for these sites. The
remaining site(16116),which consisted of 2 burial platforms, was recommended for
preservation'as is,' with possible landscaping. If they have to be relocated,the survey
recommended that further data collection be done. The applicant intends to preserve this
site and incorporate it as part of its landscaping/open space feature. In that event,a Burial
Treatment Plan for this site will be prepared and submitted to the Hawaii Burial Council
for its review and approval. The plan will essentially call for the establishment of a
landscaped buffer surrounding the site." The applicant has stated that with the approved
mitigation,that the archaeological impacts of the project will not be significant. The
applicant noted that should there be any inadvertent finds during construction of the
project,work will be stopped until clearance from the Planning Department has been
secured. The archaeological inventory survey prepared by PHRI was originally
conducted in 1991 and was updated in July 2003. To date,there is no record that the
archaeological inventory survey had been submitted to the State of Hawaii Department of
Land and Natural Resources-Historic Preservation Division(DLNR-HPD)for acceptance
and/or that the DLNR-HPD has approved a preservation and mitigation plan. Conditions —
of approval will be included relating to Archaeological/Historical/Cultural resources to
ensure that impacts to these resources are minimized. According to the applicant,since
the site and much of the surrounding areas have structures or are being developed with
structures, it was unlikely that rare or endangered plant or animal species would be found
on the subject property.
The proposed development is consistent with the County General Plan and will be
consistent with the proposed Zoning. The General Plan Land Use Pattern Allocation
Guide(LUPAG) Map establishes the basic urban and non-urban form for areas within the
•
Mr. Sidney Fuke
Page 5
County. The subject area is designated Medium Density Urban and Urban Expansion
Area. A Medium Density Urban designation may allow village or neighborhood
commercial uses and residential uses at a maximum density of 35 units per acre. Urban
Expansion areas"Allows for a mix of high density,low density,industrial and/or open
designations in areas where new settlements may be desirable,but where specific
settlement pattern and mix of uses have not yet been determined." The proposed
residential development would be consistent with those LUPAG Map designations. The
subject property is presently zoned Agricultural(A-5a)by the County. The applicant is
requesting the concurrent processing of a Change of Zone from an Agricultural(A-5a)
zoned district to a Single Family Residential(RS-7.5)zoned district to accommodate the
proposed development. A condition of approval will be included that the Special
Management Area Use Permit shall be effective after the accompanying change of zone
application is approved by the County Council.
This proposed development would complement,among others,the goals,policies
and standards of the Land Use(Single Family Residential)and Housing Elements of the
General Plan. The applicant intends to apply for a Planned Unit Development(PUD)
permit after receipt of the accompanying change of zone application and approval of this
permit. The Planned Unit Development is intended to encourage comprehensive site
planning that adapts the design of the development to the land,by allowing
diversification in the relationships of various uses,buildings, structures,open spaces and
yards,building heights,and lot sizes in planned building groups,while still insuring that
the intent of the Zoning Code is observed.
The proposed single family residential,planned unit development will add to the
variety of housing inventory for the district of North Kona,.and provide housing in areas
that are appropriately located and serviced. Thus,the provision of this type of planned
unit development housing development will implement the General Plan's Housing and
Land Use Elements. The proposed single-family residential planned unit development
will be in harmony with the character of the surrounding neighborhood and result in an
intensity of land utilization no higher than as permitted or as otherwise specified for the
district in which this proposed development occurs.
While the proposed development will not have a direct impact upon coastal
recreational resources,review of developments within the Special Management Area
must also consider the cumulative impacts of such developments upon these resources.
In view of the recent Hawaii State Supreme Court's"PASH" and"Ka Pa'akai 0
Ka'Aina"decisions,the issue relative to native Hawaiian gathering and fishing rights
must be addressed. These rights must be addressed in terms of the cultural,historical,
and natural resources and the associated traditional and customary practices of the site.
Mr. Sidney Fuke
Page 6
Investigation of valued resources:The applicant presented the following
information from which the Planning Commission can determine the valued cultural,
historical,and natural resources within the area sought for the SMA Use Permit:
archeological reconnaissance survey,including a historical survey of documentary
records;botanical study; and faunal study. According to the applicant,since the subject
site is not adjacent and/or nearby to the shoreline,and since there are no known identified
trails going through the site, fishing and/or coastal access should not be an issue.
According to the applicant,vegetation in this area consists primarily of introduced
exotics. These include kiawe(Prosopis pallida), `opiuma(Pithecellobium dulce),
African tulip (spathodea campanulata),koa-haole(Leucaena glauca),monkeypod
(Samanea saman),lantana(Lantana camara),guinea grass(Panicum maximum),bitter
yam(Discorea bulbifera),and other exotic grasses and weeds. During a field survey by
the applicant's archaeological consultant, one indigenous plant,ilima(Sida fallax)was
noted. The applicant has stated that it would not be likely that rare or endangered plant
life would be found on the site,and since the site and much of the surrounding areas have
structures or are being developed with structures,it did not appear likely that rare or
endangered animal life would be found on the site.
The valuable cultural,historical, and natural resources found in the area sought for
the SMA Use Permit: Relative to the archeological and cultural sites on the subject
property, the archeological inventory survey concluded that 13 of the 14 sites as being
significant solely for their informational content and that no further work was
recommended for these sites. The remaining site(16116), which consisted of 2 burial
platforms,was recommended for preservation 'as is,' with possible landscaping.
Possible adverse effects or impairment of valued resources: The setting of the
burials would be changed from the present condition of a relative natural setting to one
where modern single family residential dwellings will be nearby. Further,the setting for
the burials would be further altered by the close proximity of the future Kahului to
Keauhou Parkway(Ali`i Highway)Phase I right-of-way,which would be located mauka
of the burial sites. If the burial platforms have to be relocated,the survey recommended
that further data collection be done. Another concern would be whether access to the
burial sites by descendants would be possible through the private roads of this _ s
development.
Feasible actions to protect native Hawaiian rights: The applicant intends to
preserve the burial sites and incorporate it as part of its landscaping/open space feature.
A Burial Treatment Plan for this site must be prepared and submitted to the Hawaii Burial
Council for its review and approval. The applicant has stated that the plan would
essentially call for the establishment of a landscaped buffer surrounding the site. The
applicant has stated that with the approved mitigation,the archaeological impacts of the
project will not be significant. Regarding the access to the burials on the project site by
Mr. Sidney Fuke
Page 7
descendants,the applicant has stated that descendants will be allowed unfettered access to
the burial site,as will be reflected in the approved Burial Treatment Plan. There is no
record that DLNR HPD has approved a preservation and mitigation plan,which would
include the Burial Treatment Plan. Conditions of approval will be included relating to
valued cultural resources to insure that impacts to these resources are minimized,and that
traditional and customary Hawaiian rights to these resources are continued.
The property is located approximately 300 feet from the shoreline,mauka of Alii
Drive,and will not be impacted by coastal hazard and beach erosion. There are no
identified recreational resources,historic resources,public access to the shoreline or
mountain areas,scenic and open space preserves, coastal ecosystems,marine resources or
other natural and environmental resources in the area.
Based on the above findings,it is determined that the proposed development and
related improvements will not have any substantial adverse impacts on the surrounding
area,nor will its approval be contrary to the objectives and policies of Chapter 205A,
HRS,relating to Coastal Zone Management and Rule No. 9 of the Planning Commission
relating to the Special Management Area.
Approval of this request is subject to the following conditions. Should any of the foregoing
conditions not be met or substantially complied with in a timely fashion,the Planning Director
may initiate procedures to revoke the permit.
1. The effective date of the Special Management Area User Permit shall be the
effective date of the accompanying Change of Zone Ordinance.
2. The applicant shall comply with all applicable conditions of the accompanying
Change of Zone Ordinance.
3. The applicant,its successor or assigns shall be responsible for complying with all
stated conditions of approval of this permit.
4. Final subdivision,approval shall be secured within five(5)years from the
effective date of this ordinance.
5. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
6. A drainage study shall be prepared for review the recommended drainage system
shall be constructed meeting with the approval of the Department of Public
Works. The drainage improvements shall be constructed prior to receipt of final
subdivision approval.
Mr. Sidney Fuke
Page 8
7. The proposed subdivision shall connect to the County sewer system.
8. Comply with Chapter 11-55,Water Pollution Control,Hawaii Administrative
Rules,Department of Health,which requires an NPDES permit for certain
construction activity.
9. During construction,measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the State of Hawaii.
10. All earthwork and grading shall conform to Chapter 10,Erosion and Sediment
Control of the Hawaii County Code.
11. The U.S.Department of Army Corps of Engineers shall be contacted to identify
whether a Federal Permit(including a Department of Army permit) is required for
this project. The Planning Director shall be notified in writing as to whether such
permit is required for the development of the project.
12. An archaeological inventory survey shall be submitted to the State of Hawaii
Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD) for acceptance. The applicant shall obtain approval of a
Preservation and Mitigation Plan,which shall include a Burial Treatment Plan,
from the DLNR-HPD. The applicant shall include all of the DLNR HPD
mitigation measures and conditions specified in the Preservation and Mitigation
Plan,including the Burial Treatment Plan,into the plans for the project,which
shall be conditions of subdivision approval.
13. The archaeological features on the mauka end of the project site shall be preserved
and made a part of the project's approximately one-half-acre landscaping/open
space buffer from the Kahului to Keauhou Parkway(Ali`i Highway). The burial
site(16116)consisting of two burial platforms shall be preserved"as is." A - ....
landscaped buffer shall be placed surrounding the burial site,and the burial site
shall incorporated into the project's landscaping/open space feature. Access to the
burial site by descendants shall be allowed,consistent with the requirements of
the Preservation and Mitigation Plan and Burial Treatment Plan approved by the
State of Hawaii Department of Land and Natural Resources-Historic Preservation
Division(DLNR-HPD).
14. Should any undiscovered remains of historic sites, such as rock walls,terraces,
platforms,marine shell concentrations or human burials be encountered, work in
•
Mr. Sidney Fuke
Page 9
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 mitigation measures have been taken.
15. The applicant, its successors or assigns, shall be responsible for ensuring that the
proposed passive park site is preserved,maintained, and cared for in perpetuity.
16. Comply with all applicable laws,rules,regulations and requirements of other
affected agencies, including the Department of Water Supply.
17. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of this permit. The report shall include,but not be limited to,the
status of the development and 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 satisfied and the Planning Director acknowledges that further
reports are not required.
18. An initial extension of time for the performance of conditions within this permit
may be granted by the Planning Director upon the following circumstances:
a. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
b. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
c. Granting of the time extension would not be contrary to the original
reasons for the granting of this permit.
•
d. 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).
e. Tithe applicant should require an additional extension of time,the
Planning Department shall submit the applicant's request to the Planning
Commission for appropriate action.
This approval does not,however, sanction the specific plans submitted with the application as
they may be subject to change given specific code and regulatory requirements of the affected
agencies.
Mr. Sidney Fuke
Page 10
Should you have any questions,please contact Norman Hayashi of the Planning Department at
961-8288.
Sincerely,
Jefliege‘to
Fred Galdones, Chairman
Planning Commission
LlehualaniPC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Planning Department-Kona
Office of Planning, CZM Program(w/Background)
Department of Land and Natural Resources-HPD/Kona
Rodney Haraga,Director/DOT-Highways,Honolulu
Ms. Alice Kawaha
Mr.Robert Usagawa
Subdivision Section
Mr. Randall Farleigh
we.
I;
H:nt� un •
'�:� Ulu i.ttttther I 1 ue n
Rte) R i 4k nttrttt
County of Hawaii
PLANNING DEPARTMENT
tips i Cc-m(3 • MI Pauaht Street.Suite 3 • 11141 Kmmt '►h'?n
/Nine NM/ 8.'XS • Ee►t1ituSt%I 574
\ttitt.t '� ,II(iS
\lt Michael Richet
Riehm Owensby Planners Architects
P.O. Box 39()747
Kailua-Kona, HI 96734
Dear Mr. Riehm:
PLANNED UNiT DEVELOPMENT APPLICATION(KM 2004-000003)
Project Name: Lehua Lani
Applicant & Consultant: Riehm Owenshy Planners Architects
Landowner: Lehua Lani. LLC
Tax Map Key: 7-5-020: 071 & 72
After reviewing the information submitted with the Planned Unit Development Application, the
Planning Director hereby approves Planned Unit Development tPUD) No. 2004-(XXX103 to allow the
development of a 5K-lot single family residential subdivision and related impro‘entents within the
Single-Family Residential (RS-7.5) zoned district. Approval of PUD No. 2004-(XXXX)3 includes the
granting of Variances from various roadway standards of the Subdivision Code. Chapter 23 and
minimum lot size, average width, and various yard setback requirements of the Zoning Code,Chapter
25. Hawaii County Code. The subject property is located makai of Kahakai Estates Subdivision at
Puapuaa -.M. North Kona. Nawai' i.
FINDINGS
I. Authorized Agent. Lehua Lani. LLP has authorized Riehm Owensby Planners Architects as its
authorized representative to apply, execute and process any and all applications and to participate in
proceedings related to this application.
2. Project Description. The project is a single family residential subdivision that will be "neighborhood
friendly" and he designed to promote social interaction and encourage outdoor activities. The
project will consist of 58 single family residential lots, landscaped common open spaces, and
strcetscape w ith trees, traffic calming measures. and other pedestrian-friendly design features (see
Exhibit At.
Huavtii('eau►ts is an equal a/Tor:unit) provider and e►nplene r
Planning Dept. AUG 2 9 100`_
Exhibit, 5 ,
11Ix. ti1ichacl Richm
R ichnc C)wensby Planners Architects
Page
August 25. 21X)5
Permitted Use and Density: Consistency with General Plan. In accordance with Section 25-5-32 of
the tonin_ ('ode. the proposed single-family residential lots is a permitted use under the existing
'►vele-Family Residential (RS-7.5) Toning of the property. The total land area of this MID is
I-12 acres. The maximum density on this project site for a single-fancily lot development cs 58
tincts With an allowance of 20'« for roadways. the number of developable lots is about 47 lots.
et. because this property is sandwiched between Alii Drive and the proposed Alii Highway,
i<„f ,1 tll he required to dedicate a portion of the property to widen Aid Drive and may be required to
Ate additional right of way for Alii ilighway or at least provide a buffer along Alii Highway.
the owner is partially compensated through the issuance of this PIID by preserving the maximum
number of lots permitted by its zoning designation that is typically encumbered by internal
roadways. Proposed lot sizes range from approximately 4,()(X)square feet to 9,3(X)square feet. The
proposed use is consistent with the General Plan IUPAC; designation of Medium Density Urban.
which allows for village and neighborhood commercial and single family and multiple family
residential and related functions (multiple family residential -- up to 35 units per acre” (General
Plan. February 2005. reformatted as ss'14.1.1).
4. Reasonable Project Time Period. Developer plans to start construction immediately upon receipt of
final subdivision approval. with all house lots prepared to accommodate future homes within 3 years.
5. Compatibility with Neighboring Uses. The proposed single family residential project is consistent
with uses within the general proximity of the project site. There are single family residential
subdivisions within the area such as Kahakai Estates Subdivision to the cast (mauka)and multiple
family residential uses(Kona by the Sea condos on the opposite side of Alii Drive (makai))and the
Alii Lani townhomes to the north.
(►. Access. Access to the property is from Alii Drive. a County-maintained roadway. No access will he
permitted onto the proposed Alii Highway.
7 Previous Permits.
a. SMA Use Permit No. 441 issued on December 30. 2(X)3. approved the proposed 58-lot
subdivision within the County's Special Management Area. subject to conditions of approval
similar to the change of zone ordinance noted below.
h. Ordinance No. 04-56. approved on May 27. 2004. rezoned the subject property from A-5a to RS-
7.5. subject to conditions of approval. Some of the more notable conditions include lin
summary):
Condition D - 5-foot no access planting screen along Alii Drive lots.
Condition E - 10-foot wide future road widening along Alii Drive,
Condition F - provide paved shoulder along Alii Drive frontage.
Condition G - extend two-way left turn lane within Alii Drive to service project site.
NU. Michael Rielnn
Richet Owenshv Planners Architects
Page 3
\uggust _'s. 2005
('ondition 11 - provide additional right-4-M,ay at no cost to the Counts to acli►imi 'date .Alit
Ilighway alignment.
('s unf it ion P- conduct archaeological survey
( ion Q - provide landscape/open space buffer adjoining Alii Ilighway to preserve
archaeological site.
\ \R I \.( 1:s ;\lPROVLi)
Hie ivastei plan proposes a harmonious. integrated whole that justifies the following exceptions to the
normal requirements of the Zoning and Subdivision(odes. subject to the conditions set forth at the end
of this letter:
Zoning Code Variances:
f=lag zoos (*25.4-14)t Variance Request #1 ). The site plan provided by the Applicant shows only
one proposed flag lot. This variance request will allow for a flag lot below the minimum building
site area of 7.5(X) square feet as well as allow for minimum yard setbacks (all side yards) that will
he less than that required in an RS-7.5 zoned district. No variance is granted for the minimum w idth
of the pole(15' minimum I.
2. Yard Requirements §25-5-7 (Minimum Yards-RS), §25-4-40(permitted projections into yards and
open spaces). *25-4-42 (corner building sites)(Variance Requests#10. 5.7). The minimum yards in
the RS-7.5 district are: 15' from the front and rear property boundaries and K' from the side property
boundaries. The master plan offsets the footprint of the homes to one side of the lot so that the
distance between the homes is substantially equivalent (no less than 15 feet)to the 16' feet that
Would result from the code requirements. The main house structure will maintain a minimum 15'
setback from the front and rear properly boundaries, as required by the zoning code. However, the
detached garage structure will he situated at least T from its front property line. providing a
clearspace from its roof caves of 4'. The garages are oriented with the side facing the street. There
will he an adequate driveway apron fronting the entry to the garage to provide for onsite parking
outside the garage without the parked cars encroaching into the right-of-way. The other site plan is
for the garage to he located at the rear of the lot and accessed by a lane. The approved yards shall be
as shown on the attached L.xhihii (
3. Perimeter Fences or Walls and Accessory Structures (*25-4-43)(Variance Request #6). The zoning
code requires any opaque perimeter fence or wall over 6' in height to meet setback requirements.
This code requirement applies only to free-standing walls and not retaining walls: retaining walls can
he whatever height required for its retaining function. This variance is granted for the entry walls.
The permitted projection of other accessory structures into the front, rear,or side yards shall he as
permitted through the CC'R's. provided such OC'R's clearly absolve the County front. any disputes
between neighbors relating to such structures.
Mr. Michael Riehm
Rubin Owenshy Planners Architects
Page 4
August 25, 2005
Minimum Building Site Average Width-RS-zone 1 ti25-5-6)(Variance Request *Th. The minimum
building site average width in the RS-7.5 district for a 7.5(10 s.f. lot is 60'. The proposed lot sizes
iange (loin 4.001) to 9.300 s.f. Given that the master plan coordinates the setbacks through the siting
It each house pad. a minimum lot size of 4010 s.f. is acceptable. which is 53(4 of the 7.5(0 code-
ss•quir d minimum lot size. A proportionate reduction in the minimum lot width for a 4.0(M)s.f. lot
��,►+,;wrcd ��ith the esti' required for a 7.504) s.f. lot is 32'; therefore. the proposed minimum 40' for a
(►(►t) • i loot is ;ieceptable
Subdivision ('ode Variances
1. Through I..ots (*23-36)(Variance Request #16). The master site plan shows the use of alleys that
provide a back-loaded access so that the main access roadways within the development can he
designed with an enhanced st"eetscape and reduced number of driveway entrances.
2 Minimum Right-of-Way and Pavement Widths 023-411(Variance Request #1 g). The Subdivision
Code requires minor streets have a minimum right-of-way width of 50' with 20' pavement width
(without curb/gutter/sidewalks)or 32' (with curb/gutter/sidewalk). The proposed street layout
consists of minor roads. The design objective of the proposed street section is to reduce traffic speed
and create a inure intimate neighborhood through a narrower right-of-way with street trees. traffic
calming islands, and special courtyard appearance at certain intersections. Acknowledging the
relatively low traffic volume(not a subdivision with through roads) in this project and that the roads
will remain privately owned and maintained,a variance is approved for a minimum 40' wide right-
of-way with 20' pavement and 10' wide grass shoulders (no curbs, gutter.or sidewalk) for the main
roads in accordance with I•%hihri B. The alleys will be permitted to have a minimum 20' right-of-
way with 20' pavement since its primary function is to provide a hack-loaded entry unto the lots and
not as the primary access road or pedestrian way. Because of the relatively low traffic volume and
reduced speed. pedestrians will share the roadway with the vehicles. These streets shall he private
nondedicahle streets.
3. ('orner radius(§23-45)(Variance Request # 20). The Subdivision Code requires a minimum corner
radius of 20' at the right-of-way lines for right angle intersections. The proposed corner radii at the
pavement edge are as small as 10' for the drivecourts from the main access road. 15' for the alleys
from the main access road. and 20' at turns within the main access road. These smaller corner radii
are intended to slow the speed of turning vehicles and reduce the crossing distance for pedestrians.
Given the reduced traffic volume. overall design to reduce speed. and that fire trucks are able to
accommodate the turning curves by swinging out to the opposing lane or even onto the curbless
shoulders, this variance is approved for the corner radii at the specific locations mentioned above.
Mr. Michael Riehm
Richni O cushy Planners Architect.
Page
Atirust 25. 2(105
4 _Street picots i§23-93)i Variance Request #281. The Subdivision('rote requires the mstallat ion of
street lights within the subdivision that meet County specifications. Since the roads will he private, a
ii-Lance i. approved to allot custom street lights. Ilowev"er, if the Department of Public Works
r�yuirc. a street light at the project's Alii Drive intersection at the time of subdivision. this street
I t!hi shall meet County specifications.
!Sank: and 'hal Signs (§23-931 (Variance Request #291. The Subdivision Code require.
.beet and traffic signs to meet ('oust. specifications. Since the roads will he private, this variance
approves custom street and traffic signs within the subdivision. Street name signs shall he erected at
each intersection.
6. Right-of-Wa} Improvement (*23-95)(Variance Request #30). The Subdivision Code requires the
entire right-of-way to he improved. This variance allows the right-of-ways to he developed as
shown on I.sliil,it b
Although the petitioner requested the following variances. they arc not necessary for the reasons given
below:
• Minimum Street Frontage ( 25-4-30) (Variance Request #2). The minimum building site
average width in the RS-7.5 district is 60' (025-5-7). The applicable minimum street frontage is
50gt of the 60'. which is 30' for this project. except for lots at the end of cut de sacs or flag lots.
which is a minimum of 15'. Based on the master plan. there is only one flag lot which has an
access pole about 2() feet wide. The flag lot conforms to code.
• Minimum Building Site Area 025-4-31). Minimum Average Width (a25-4-32)(Variance
Request #3). This provision applies to subdivisions that are designed to comply with the
requirements of the Zoning Code without exceptions through a variance. Planned Unit
Development or('luster Plan Development permits.
• Reduction of Building Site Below Minimum Area(*25-4-32)(Variance Request #4). This
provision of the Zoning Code applies only to existing lots.
• Triangular or Irregular Building Sites (§25-4-41)(Variance Request #6). This provision applies
to subdivisions that are designed to comply with the requirements of the Zoning Code without
exceptions through a variance. Planned Unit Development or Cluster Plan Development permits.
• Other Regulations 1§25-5-81 (Variance Request #1 1 ). Relief from this provision is inappropriate
since it applies to uses not being proposed by this PUD application and implies a request for
wholesale relief from certain requirements of the Zoning Code.
• Block Sizes (*23-29): Lot Size and Shape (*23-32): Minimum Lot Size (*23-33): I.ot Side Lines
(*23-35): Street Location (*23-40): Future Extension of Streets (*23-44): Cul-de-sacs 023-48):
Mr. Michael Richet
Kiehnt Oc{ensbv Planners Architects
l',t<<e h
-Utot►,t 25. 21105
(;i ides and Curves (*2 i-5(t): Prnteedon from Arterial Streets t§23-511: Private Streets t*23-53 y.
Private Dead-end street t*23-810: Sidewalks t**23-$9): Curbs and Clutters t§23-01 ): 1 Variance
Request #I2. 13, 14, 15. 17.10. 21. 22. 23. 24. 25. 26. 271. These variance requests involved
urtpru\mem', or situations that were either not reflected within the PUD applicati► t ►.►r shown
lm the master site plan. Many of these variance requests pertain to general standards applied to
.uhcl��tsiun rev ie%‘ and do not specifically apply to the proposed PUD, or relief was applied by
tt►:titles 4,1 other applicable sections of the code. For example, relief was requested from
standards iegarding cul-de-sacs and dead-end streets. but none of these types of streets exist
ti.nitin the development. These variance requests were not considered since they are either
redundant or are not applicable to the proposed project.
CONDITIONS
The Planning Director approves the Planned Unit Development subject to the following conditions:
A. Approval and Conditions Run with the Land. The applicant. its successors or assigns be responsible
for complying with all of the stated conditions of approval.
B. Indemnification. The applicant shall indemnify and hold the County of Hawaii harmless from and
against any loss. liability. claim or demand for the property damage.personal injury or death arising
out of any act or omission of the applicant. its successors or assigns.officers. employees,contractors
and agents under this permit or relating to or connected with the granting of this permit.
C. Subdivision Approval. Subdivision approval shall be subject to the following conditions:
1. Conformance with Master Plan. The final plat map shall show the lot layouts. building
footprints. and setbacks as substantially represented in the master plan attached as Exhibit A. and
include a certification by the applicant, surveyor,or architect on the final plat map of such
conformance with this PUD.
2. No Vehicular Access. The final plat shall show no vehicular access along the Ald Drive and Alii
Highway street frontages.
3. Alii Drive and Aid Highway Improvements. As required by Ordinance No. 04-56. the final plat
shall show a 10' wide future road widening road lot along Alii Drive that the County may require
dedication, and additional right-of-way to he dedicated to the County for Alii Highway (as
required by the Department of Public Works): construction drawings shall include extending the
two-way lett turn lane within Alii Drive to access the project site as well as providing a paved
shoulder along the Alii Drive frontage.
4. Non-Dedicahle Private Streets. The approved street sections (Exhibit B) shall he private. non-
dedicahle streets. The preliminary plat or final subdivision approval submittal shall include a
Mr. lxIichael Richet
Rielnn Owenshv Planners Architect!,
Page 7
:knells( 25. 2005
recordable document similar to that required !►3r nondctlicable resort streets that tttchutes the
pro\iston• set forth to sectio 21 7(4-Ii.
5 Street Name, Traffic Signs and Markings, and Other Intersection Improvements. All streets
wtthnt the proposed subdivision shall be named. The street name sign at the intersection of Alii
I)t e. and ;its other improvements at this intersection including a street light if required. shall
tuts et the requirements of the Department of Public Works.
. on.truction Plan Review by Fire Department. Besides the Department of Public Works and
Department of Water Supple. the construction plans shall also he submitted to the Fire
Department for review
7. Water Use Calculations. The subdivision application shall include water use calculations, as
requested by the Department of Water Supply's comments to this PUD application. in order for
the tentative approval conditions to clearly set forth the Department of Water Supply's
requirements for final subdivision approval. The calculations shall include all proposed water
uses, such as domestic, landscaping, swimming pools. water features. and other uses.
D. Building Permits Approval. Building permits shall he subject to the following conditions:
1. The siting of the residences and garages shall substantially conform to the master plan attached
as I-ii►ibit 1
2. Building Code requirements for setbacks or distances between structures shall supersede any
yard variances granted by this PUD.
•
E. Compliance with Approvals. The applicant shall comply with all requirements of Change of Zone
Ordinance No. 04-56 and SMA Ilse Permit No. 441 as well as this PUD Permit.
F. Conditional Annual Report. If full buildout is not completed within three years from the date of this
Pt ID approval. an annual progress report shall he submitted to the Planning Director prior to the
fourth anniversary date of the Planned Unit Development tPUD) permit. The report shall include.
hut not he limited to, the status of the development and to what extent the conditions of approval are
being complied with. This condition shall remain in effect until full buildout.
G. little Extension. The Zoning Code requires permit approvals to he used within two years (*25-2.7).
This Pt!D shall he deemed "used" upon final subdivision approval. If the applicant should require
an extension of time. the applicant may request for time extension pursuant to Section 25-6.14 ( lime
extensions and amendments).
Mr. Nlichael Rrchm
Riehm ()wen,b} Planner, Architects
Page 8
.\u_'ust 25, 2005
'Should an of the conditions not be met 1rr substantially complied with in a timely fashion. the Director
.11,111 ,nit mate the nullification of the Planned (toil Development Permit.
"11k 'l 'l�.
I !IRIS ft)t' ..R J. Yt1EN
Mainline 1)i ctor
t)SA:pak
1'\.I'UP Permit.\2(ItIS\PI'1)114 ANWHMI:,I ehual_.ani-Rhlrrrtrdot:
xc. Department of Public Works. Building Division
Department of Public Works. Engineering (Hila and Kona)
Department of Water Supply
West I lawaii Planning Office
Ordinance No. 04-56(RE Z 103e))
SMA Use Permit No. 441
Attached Exhibits:
Exhibit A: Master Plan
Exhibit B: Approved Yard Setbacks
Exhibit U Approved Street Sections
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CHAPTER 4 GOALS, OBJECTIVES,
POLICIES&ACTIONS TRANSPORTATION
facilities shall be included. Public parking fees should be set low enough to be affordable yet
high enough to discourage automobile use.
Action TRAM--4.3a: Identify centralized public patting as part of he TOO Village
Master Plans TO,developers,on-going).
Action TRAN-4.3b: Identify centralized public parking as part of the Kailua
Redevelopment Plan(PD, KBID,on-going).
Action TRAN-4.3c: Investigate appropriate parking fees(PD, KVBID, 1-2).
Objective TRAN-5 Rural Transit. To provide a paratransit system for Kona - with emphasis on
mauka areas and South Kona recognizing that a rural population cannot support an urban transit
system.
Policy TRAN-5.1: Paratransit. An affordable public paratransit system shall serve the
general public of South Kona(i.e.,it should not be restricted by age or disabilities).
Action TRAN-5.1a: Establish fares for seniors,disabled,students,and general
public.(MT, 1-2)
Action TRAN-5.1b: Commence shuttle service using mini-vans and small buses
(i.e. Handi-Van)(MT,1-2).
Action TRAN-5.1c: Modify shared ride taxi program to use coupons for the first
nine(9)miles and to allow starting the meter after nine(9)miles(MT,1-2).
Objective TRAN-6 Concurrency. To manage the timing of growth so as to avoid overloading the
arterial system.
Policy TRAN-6.1: Official Concurrency
Map. The Kona UA shall be designated as atea'mte
es a geographical area
"critical road area",as defined in HCC 25-2-46. whe a any of the determined
rtat on facilities serving
the area have been ddeterby the Council to
Rezonings within the Kona UA shall comply be worse than the acceptable level of service.
with the Official Concurrency Map (see Table
4-1 and Figure 4-3), which identifies the road `lam mitigation"consists of improvements which
segments to be constructed concurrent with increase the capaary of an arterial or other major
occupancy of units as the minimum "area road, such as additional lanes, in the general
p y region containing the project,or construction of a
mitigation", as defined in HCC 25-2-46(Zoning new arterial or collector road in the general area
Code). containing the project, or improvements to public
transportation such as buses or park and ride
The Official Concurrency Map assumes: facilities, sufficient to offset the traffic demand
generated by the project.
HCC 25-2-46
1. The widening of Queen Ka`ahumanu Zoning Code
Highway to four lanes from the Kona
KONA CDP 4-21
Planning Dept.
Exhibit_.6-._
CHAPTER 4 GOALS, OBJECTIVES,
TRANSPORTATION POLICIES,AND ACTIONS
International Airport to Henry Street, and
2. Completion of the Mamalahoa Bypass Road to the Napo`opo`o junction.
My rezoning outside of a designated TOD within the Kona UA approved prior to completion of
the Queen Ka;ahumanu Highway widening to the Airport shall restrict occupancy until this
widening project is completed. Any rezoning in South Kona approved prior to the completion
of the Mamalahoa Bypass Road shall restrict occupancy until this bypass project is completed.
This policy does not apply to projects exempt under concurrency provisions in HCC Section
25-2-46(e.g. affordable housing).
The Concurrency Map shall distinguish the current planning status of the corridor alignment.
Table 4-1 shows the roadway corridors that shall be built concurrently within the concurrency
zone and/or TOD Village. Other roadway corridors shown on the Concurrency Map, but not
listed in Table 4-1 are part of the proposed roadway network, but are not critical to concurrency
determinations.
Action TRAN-6.1a: Adopts Concurrency Map(Enacted by plan).
Policy TRAN-6.2: Prioritized Road Improvements. In order to rectify existing deficiencies
and influence the pattern of future growth and new roads,the following are priorities:
• Kahului-Keauhou Parkway
• Mamalahoa Bypass
• Keanalehu Street-Manuwale`a Street
• Keohokalole Highway(Mid-Level Road),Phase I Palani to Kealakehe Parkway
• Kamanu Street Extension
• l a'aloa Street Extension
• Lako Street Extension
• Keohokalole Highway (Mid-Level Road), Phase II, Kealakehe Parkway to Hina Lani
Street
• Nani Kailua Street Extension
a. Makai section(Kuakini Highway to Ali'i Drive)
b. Mauka section(Hualalai Road to Kuakini Highway)
• Kealaka`a Street Extension
• Keohokalole Highway (Mid-Level Road), Phase III, Hina Lani Street to Ka`iminani
Drive
• Hienaloli Street Extension
• University Drive
Action T- 6.2a: Develop financing plan for streets according to the priorities listed in
Policy TRAN-6.2(PD, DPW, Fin., 1.2).
4-22 KONA CDP
i l /'/7
VIRIVIMIN
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\: ,
Source: County of Hawaii
.oc
The County of Hawaii Planning Department ` '.
is the repository of the official map.
Kona Community Development Plan
Figure 4-3
Official Concurrency Map
CHAPTER 4 GOALS, OBJECTIVES,
TRANSPORTATION POLICIES,AND ACTIONS
Table 4-1(continued)
Concurrency Table
Concurrency Zone Roadway ID No.and Name
56 — Keohokalole Highway (Keohokalole Arterial to Hina Lani Street)
(portion within development project)
5C—Keohokalole Highway(Hina Lani Street to Kealakehe Parkway)
5D-Keohokalole Highway(Kealakehe Parkway to Palani Street)
Keahuolu Village 5D-Keohokalole Highway(Kealakehe Parkway to Palani Street)
18—Makala Blvd.Extension(any development makai of 50)
H 9B—Kealaka'a Street(Hina Lani Street to Kealakehe Parkway)
9C—Kealaka'a Street(Kealakehe Parkway to Hao Kuni Street)
4B—Kuakini Extension Collector(Kealakehe Parkway to Old Airport)
Makaeo Village 4B—Kuakini Extension Collector(Kealakehe Parkway to Old Airport)
Kailua Village None(infill)
Redevelopment
Pua'a-Wa'iaha Village 19C—Kakalina Street Extension(Nani Kailua Drive to Puapua'anui Street)
Kahului-Puapua`a Village 29—Puapua'anui Street Extension
J 5D-Keohokalole Highway(Kealakehe Parkway to Palani Street)
19A-Kakalina Street Extension(to Puapua'anui Street))
19B-Kakalina Street Extension(E.Kakalina Street to 19A) (any development
K south of Malulani Drive)
20—Hienaloli Street Extension(Palani Street to Keolani Drive)
21-Connector 4(Hienaloli Street Ext.to Kakalina St.Ext.)
30A—Kahului-Keauhou Parkway(Lako Street to Kuakini Highway)
31 —Lako Street Extension
30B—Kahului-Keauhou Parkway(Lako Street to Kamehameha Ill Road)
M 31—Lako Street Extension
32—La'aloa Street Extension
30B—Kahului-Keauhou Parkway(Lako Street to Kamehameha Ill Road)
Kahalu`u Makai Village 33-Connector 9
34—Connector 10
4-24 KONA CDP
ZONING § 25-2-44
(c) Failure to fulfill any conditions of the zone change within the specified time
limitations,or any extensions thereto, may be grounds for the enactment of an
ordinance making further zone changes or for rezoning the affected property back
to its original zoning designation or a more appropriate zoning designation, upon
initiation by either the director or the council in accordance with section 25-2-43.
(1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-2-45. Nonsignificant zoning changes.
(a) The director may administratively grant any nonsignificant zoning change.A
nonsignificant zoning change must comply with the designations for the property
set forth in the general plan and any development plan adopted by ordinance, and
not result in an increase or decrease in any zoning designation affecting more than
five percent of the area, or one acre, of any lot, whichever is less.
(b) The applicant for a nonsignificant zoning change shall give notice to surrounding
owners and lessees of record, pursuant to section 25-2-4, and shall post a sign for
public notification as provided by section 25-2-12.
(1996,Ord. No.96-160,sec. 2;ratified April 6, 1999;Am. 2008, Ord. No. 08-48,
sec. 2.)
Section 25-2-46. Concurrency requirements.
(a) Purpose. In addition to requirements otherwise imposed, this section creates
concurrency standards for roads, water supply, and civil defense sirens.
(b) Applicability. This section applies to any zoning amendment application, or for an
application for extension of time to perform a condition of zoning amendment
received by the planning department after the effective date of this ordinance.
(c) Definitions. As used in this section:
"Acceptable level of service"means that the level of service of a transportation
facility at the a.m. and p.m.peak hour is"D"or better.
"Approved development" means development for which zoning has been
granted by the County.
"Civil Defense siren" means a noisemaking mechanical or electronic device,
generating sound to provide warning of approaching danger. The siren is one type
of tsunami warning system and is linked to the Hawai'i State Civil Defense
Outdoor Siren Warning System, activated by the County's civil defense system or
by neighboring tsunami warning centers, in case of a potential life-threatening
tsunami or other natural disaster.
"Critical road area" means a geographical area where any of the
transportation facilities serving the area have been determined by the council to be
worse than the acceptable level of service.
"Immediate vicinity of a project"means the area in which transportation
facilities will be required to mitigate impacts caused primarily by the project.
25-29
Planning Dept.
Exhibit^I___.
§ 25-2-46 HAWAI`I COUNTY CODE
"Level of service, or LOS" means a qualitative measure describing operational
conditions within a traffic stream, and shall be determined using the procedures in
the latest edition of the Highway Capacity Manual,Transportation Research
Board.
"Mitigation"means specific actions to reduce traffic congestion. Mitigation is
of two types: "local mitigation"which consists of improvements to roads and
intersections that are in the immediate vicinity of a project, including
channelization of intersections, turn lanes into a project and similar improvements.
"Area mitigation"consists of improvements which increase the capacity of an
arterial or other major road, such as additional lanes, in the general region
containing the project, or construction of a new arterial or collector road in the
general area containing the project, or improvements to public transportation such
as buses or park and ride facilities, sufficient to offset the traffic demand generated
by the project.
"Occupancy" means (1) the issuance of a certificate of occupancy for a
commercial, multifamily, industrial building, hotel or other structure requiring a
certificate of occupancy; (2)the issuance of a building permit for residential
buildings that do not require a certificate of occupancy; or(3) final subdivision
approval for subdivisions where dwellings are allowed,but dwellings are not being
constructed before sale of any lot.
"Project area"means the area in which the project is expected to have an
impact on the level of service of transportation facilities.
"Reasonable assumptions" means the percentage of full build-out that is
expected to occur during the twenty-year period after the date of the application, as
determined by the planning director.
"Transportation facilities" means State and County highways, roads, and
public transportation facilities.
"Worse than the acceptable level of service"means that the level of service at
the a.m. or p.m.peak is"E"or"F.
(d) Traffic impact analysis report required.
(1) A traffic impact analysis report(TIAR),prepared or updated within six
months before the submission of the application, shall be included with the
application for any zoning amendment that can generate fifty or more peak
hour trips. The determination of peak hour trips shall be based on the
Institute of Transportation Engineers, "Trip Generation Handbook", or any
other nationally recognized source. When the number of trips depends upon
the exact future uses of the site, and those are unknown at the time of zoning
amendment(for example,the types of commercial uses),the determination
shall be based upon a typical mix of uses found in that zoning type in the
community. The TIAR shall be certified as having been conducted in
accordance with best practices by a professional engineer licensed in the State
of Hawai`i.
25-30
ZONING § 25-2-46
(2) The TIAR shall assess impacts to transportation facilities in the immediate
vicinity and general area of the project, and to the transportation facilities
serving the project area.
(3) The TIAR shall include projections for future growth in traffic, for a minimum
of five,ten,and twenty years,and shall include other approved or proposed
development that is expected to impact the project area,with reasonable
assumptions about the build-out of such development.
(4) The TZAR shall present an assessment of the impacts of the project on LOS
and an evaluation of alternative plans for mitigating those impacts. The
evaluation shall include budgetary cost estimates for the capital and operating
costs of promising alternative plans.
(e) Mitigation required.
(1) If the LOS for any transportation facility in the project area is (A)currently
worse than the acceptable level of service, or(B)projected to become worse
than the acceptable level of service during the five year period of the TIAR,
any rezoning of the property, if approved, shall contain conditions that require
mitigation of adverse traffic effects before occupancy of the project is
permitted, or that occupancy be delayed until the level of service has reached
the acceptable level and is no longer projected to be worse than the acceptable
level.
(2) Where the LOS deficiency is due to roadway or intersection deficiencies in the
immediate vicinity of the project, the conditions of zoning shall require local
mitigation. Where the deficiency in LOS is due to insufficient capacity in the
transportation facilities serving the project area, the conditions of zoning shall
require area mitigation.
(3) If there is more than one way to mitigate an adverse effect, the director shall
present to the council the pros and cons of the alternatives.
(f) Mitigation requirements will be deemed satisfied when:
(1) A public agency has committed funds for area mitigation that will remove the
LOS deficiency. In the case of the State, commitment of funds means that the
governor has released funds to complete the improvement. In the case of the
County, commitment of funds means that the council has appropriated funds
to complete the improvement; or
(2) The private developer's commitment to implement mitigation has been
secured by bond or equivalent security, or mandatory participation in an
improvement district, community facilities district, or other equivalent means
of guaranteeing performance.
(g) A developer's area mitigation expenses shall be credited against any fair share or
similar fee requirement for roads.A developer's local mitigation expenses shall be
credited against any fair share or similar fee requirement for roads if the council
determines that the mitigation substantially benefits the general public and was
not necessary primarily for the benefit of the project. In general, roads that are
necessary for access to or within a development or turn lanes for a private project
shall not qualify for fair share credit.
25-31
§ 25-2-46 HAWAII COUNTY CODE
(h) The following types of zoning amendment applications shall be required to submit a
TIAR when required by this section,but shall not be required to perform area
mitigation:
(1) Residential or other zoning amendment where the applicant commits, and the
conditions of zoning require,that the project earn at least two times the
number of affordable housing credits otherwise required under chapter 11,
County affordable housing policy,provided further that the applicant shall be
entitled to the full amount of"excess credits" under section 11-15, County
affordable housing policy, based on the number of affordable housing credits
normally required.
(2) Zoning amendment to CV, CN,MCX, PD, or ML where the council determines
that the project will reduce regional traffic congestion by providing necessary
commercial or light industrial opportunities to serve an area where there is a
shortage of available space zoned for such uses, and substantial residential
development has already been approved, provided that conditions of zoning
shall ensure that any commercial development be of a scale consistent with
the standards of a"neighborhood center"as described in the general plan.
(i) The restrictions on occupancy shall not apply to the construction of infrastructure
such as water tanks, roads, sewage treatment plants, or other project elements that
do not generate substantial traffic.
(j) The council may designate critical road areas by ordinance.
(k) In a critical road area, all rezonings shall be subject to local and area mitigation,
except as stated in subsection(h).
(1) In order to determine whether a zoning amendment application meets the TIAR
threshold of fifty or more peak hour trips, and to prevent applicants from going
below the TIAR threshold by dividing a project into segments, the director shall
review all development proposed on the same or adjacent properties, and shall
include traffic that may be generated by any development application approved
after the effective date of this ordinance, or by any other pending development
application, if it is on a portion of the same lot or tax map key parcel, or an
adjoining lot or tax map key parcel, or in the immediate vicinity of the
development.
(m) A zoning amendment application shall not be granted unless: (1)the department of
water supply has determined that it can meet the water requirements of the project
and issue water commitments using its existing system; or(2)specific
improvements to the existing public water system,or a private water system
equivalent to the requirements of the department of water supply will be provided
to meet the water needs of the project and conditions of zoning delay occupancy
until the necessary improvements are actually constructed.
25-32
ZONING § 25-2-46
(n) To facilitate the development of village centers in rural areas that are not currently
served by a public water system, the council may waive the water supply
requirements for zoning amendments for commercial or light industrial uses in
areas that do not currently have a public water system, and where the department
of water supply has no plans to build a public water system, and which are(1)
designated as an"urban and rural center"or"industrial area"on table 14-5 of the
general plan and (2)designated for urban use on the land use pattern allocation
guide map of the general plan;provided that conditions of zoning shall require
water supply consistent with public health and safety needs such as sanitation and
fire-fighting.
(o) A zoning amendment application or an application for an extension of time to
perform a condition of zoning amendment shall not be granted for projects
proposing:
(1) Twenty-five or more residential units; or
(2) Commercial space, industrial space, or a combination of commercial and
industrial space equal to or greater than thirty thousand square feet of gross
floor area;or
(3) Any combination of residential units, commercial space and industrial space
equal to or greater than thirty-five thousand square feet of gross floor area;
unless existing civil defense sirens, as determined by the State Civil Defense,
are available to provide adequate warning coverage across the entire project
site or that the provision of civil defense sirens to provide such coverage is
integrated as part of the zoning amendment or application for extension of
time to perform a condition of zoning amendment.
(p) Nothing in this section shall limit the ability of the council to impose reasonable
roadway, water,or civil defense siren improvement requirements on zoning
amendments or to deny zoning amendment applications to the extent otherwise
allowed by law.
(2007, Ord. No. 07-99,sec. 2;Am. 2011, Ord.No. 11-71, sec. 1.)
Division 5.Variances.
Section 25-2-50. Variances permitted.
Variances from the provisions of this chapter may be granted;provided that a
variance shall not allow the introduction of a use not otherwise permitted within the
district;and provided further that a variance shall not primarily effectuate relief from
applicable density limitations.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
25-33
1y t••; t
DEPARTMENT OF PUBLIC WOR j"y
COUNTY OF HAWAII
HILO, HAWAII
DATE: January 22, 2016
Memorandum
TO : Duane Kanuha, Planning Director
Planning Department
FROM : Ben Ishii, Division Chief
2, Engineering Division
SUBJECT : Amendment to Change of Zone Ord. No. 04-56 (REZ 1039)
Request: Amend. Conditions B, J and V
Amendment to SMA Use Permit No. 441 (Docket no. SMA 03-
000015)
Request: Amendment to Condition No. 4 (Time Extension to
Secure Final Subdivision Approval) and Condition No. 6 (Timing of
Constructing Drainage Improvements)
Applicant: Alii Palms, LLC (Formerly Lehua Lani, LLC
Location: Puapua'a 2nd, N. Kona, HI
TMK: 317-5-020:071 and 072
We reviewed the subject application and have the following comments:
DPW Permit Record
• Grubbing permit number 91540 was issued February 1, 2006 for 10 acres (with
conditions) and to our knowledge, was completed.
• Construction plans for the 58 residential lot subdivision were approved by DPW
on February 14, 2008 and re-approved on May 20, 2014 for Subdivision No 05-
000203, DPW Folder Number 7545-C.
• Grading permit 91883 was issued on April 14, 2008 and expired April 14, 2009.
To our knowledge, grading was not commenced.
• Permit to Work in the County Right of Way number 22472 was issued for work
within Alii Drive. The work was not commenced and the permit has expired.
REZ Condition B and SMA Permit Condition 4 (Time Extension to Secure Final
Subdivision Approval)
We support requirements for infrastructure concurrent with development. However,
DPW defers to the Planning Department to interpret the Zoning Co. .R • .k ED
Community Development Plan application of concurrency requirem;n�:
extension requests. Planning Dept. JAN 2 5 2016
Exhibit, 8 y''_ a 1 _
DPW Comments—Amend Ord.04-56(REZ 1039)and SMA Permit No 441 (Docket no. SMA 03-
000015
January 22,2016
p.2of2
The applicant specifically seeks relief from the KCDP Concurrency Zone L conditions,
stating that Kahului to Keauhou Parkway(Alii Highway) is on "indefinite hold" and the
Lake Street Extension to Alii Drive will begin(by others)within a year. DPW prefers to
state that both projects remain active and necessary.
Traffic Study
We reviewed the applicant's updated TIAR dated July 31, 2015 and have the following
comments:
1. The study is not stamped or certified in accordance with Section 25-2-46(d) (1).
2. The use of the 2003 traffic counts as the foundation for all of the level of service
data in the study is questionable. In 2003 the studied intersections were two-way
stop controlled, Mamalahoa Highway Bypass was not open to the public, several
multifamily developments were not built(Alii Cove,Alii Park Place)or completed
(Kona Hawaiian Village), and Laaloa Street was not extended to Kuakini
Highway. Obtaining new counts would add legitimacy to the study.
3. All traffic forecasts should including completion of the Mamalahoa Highway
Bypass extension to Napoopoo Road (September 2016 completion).
4. The traffic forecast for year 2020 should not assume completion of Kahului-
Keauhou Parkway (Alli Highway). The State Transportation Improvement
Program tentatively schedules Alii Highway construction funding in 2020 but not
for the entire project.
DPW requests an amendment to REZ Condition H which requires dedication to the
County of additional right-of-way needed for Alii Highway as determined by DPW. We
attached the Parcel Map dated November 18, 2003, defining the required additional
right-of-way metes and bounds as Parcel 10. The map was provided to the owner and
incorporated into the approved construction plans. To the Condition H statement"shall
be dedicated at no construction to the County in conjunction with the subdivision of the
subject property", please add "and/or be dedicated upon request by DPW".
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
ENCL: Parcel Map Showing Parcel 10
copy: ENG-HILO/KONA
Hawaii County is an equal Opportunity Provider and Employer
9
te
,F-10,p74,
aI
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ii 1 co 10 N g WAY
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PROPOSED KAHULUI — KEAUHOU g`1°: t; N; NI II 1,834.18 s
i 57 4043 ICC 1,878.45 E
328°19'38"t Y t 328°08'"" • Parcel 11
34.18 .
-144 432156 00\0 8.33 57°52'35"
P° �� 57.56 34.4152°43'32 .3"
Ci. 152°56'--- 62°56'
3a06
\.0 . Parcel 10
0.050 Acre
c6, 1),C.(6
�� Lot 3—A-1
Lot 4—A-1
• cY• TMK: 7-5-20: Por. 71 .`' • '
4.986 Acres
(More of Less)
co ti,FiwF4�Q
41• UCENSED -r
NOTES: PROFESSIONAL PREPARED BY:
I. AZIMUTHS AND COORDINATES ARE REFERRED TO LAND *
R.M. TOWI,L CORPORATION
GOVERNMENT SURVEY TRIANGULATION "MEW A. * SURVEYOR 73-5574 MAIAU STREET. SUITE 11B
KA
2. OWNERS SHOWN ARE BASED ON CURRENT TM No.4729 —KONA, HAWM 96740
MAP RECORDS.
1594/A4 c. THIS WORK WAS P EPARED ' ME
OWNER: Randall E. & Denise C. Farleigh `rA t t s V.5 Q►•' OR UNDER MY S PERVISIO
ADDRESS: A Atwood Drive GRAPHIC SCALE l +4.4e
L
Anchorage, Arkansas 99517 50 25 �� 510 .
nature pirotion Dote of the Li ense
ENGINEERING DIVISION • DEPT. OF PUBLIC WORKS • •UNTY OF HAWAII
KAHULUI-KEAUHOU PKWY. - PHASE 1, HAWAII BELT RD TO tAKO ST
FEDERAL PROJECT S.T.P. 1110(2)
SUBMITTED BY: DIVISION CHIEF DATE: PARCEL MAP SHOWING
PARCEL 10
APPROVED BY: DATE: KAHULUI 1ST TO HOLUALOA, NORTH KONA
DIRECTOR ISLAND OF HAWAII, HAWAII
PLAN BY: I TRACED BY: I DATE: 11/18/03
TAX MAP KEY: 7-5-20: 71
OE WATEq s
4:41 4
19 N1
(iE �r ' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
). Aw 0. U
345 KEKANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
December 30,2015
ro
CI
r- LIN
O2
:a
TO: Mr. Duane Kanuha, Director -
Planning Department • L-- o
a
FROM: Keith K. Okamoto,Manager-Chief Engineer
SUBJECT: Change of Zone Ordinance No. 04-56 (REZ 1039) -z-i
Applicant-Ali`i Palms,LLC
Request-Amendment to Condition B(Time Extension to Secure Final Subdivision
Approval),Condition J(Timing of Constructing Drainage Improvements) and
Condition V (Timing of Payment of Fair Share Contribution)
Tax Map Key 7-5-020:071 and 072
We have reviewed the subject request for a 5-year time extension to Condition B of Ordinance No. 04-56.
Please be informed that the applicant has an existing water commitment for 61 additional units of water,
which expired on October 31, 2015.
Therefore,we have no objections to the time extension request,subject to the applicant understanding
that a water commitment deposit,in the amount of$9,150.00 for 61 additional units of water,must be
paid to extend the water commitment to October 31, 2016. Payment of the water commitment deposit
is due by the 31S`of October each year and is the responsibility of the applicant. The Department
assumes no responsibility in notifying the applicant of the upcoming deadline.
For the applicant's information,the construction plans for the water system improvements must be
submitted for review and re-approval, as the Department's approval expired May 22, 2015.
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at 961-8070, extension 256.
Sincerely yours,
1144/41444)
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RQ:dfg Planning Dept.
copy-Ali`i Palms. I,I.0 Exhibit 9 JAM U 5 ?nig.
1028G ° i
. . .Water, Our Most Precious Resource . . . Ka Wai A xane . ... ..w,
The Department of Water Supply is an Equal Opportunity provider and employer.
OF
..g\\ Nis DEC 1f1 Pf u 23
William P.Kenoi a:alp 'tiff•a! PLF,;‘r,‘i 'Ba Leitbead t0MENT
Mayor _ CuUN i'r r *I WAII
Walter K.M.Lau ��•�M'+% John A.Medeiros
Managing Director
Ca
Deputy Director
�►r `u� y cf HLA d i i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekaanaa`a,Suite 41 • Hilo,Hawaii 96720
(808)961-8083•Fax(808)961-8086
http://harm icounty.gov/environmental-management/
MEMORANDUM
Date : December 16, 2015
To : DUANE KANUHA,Planning Director
From: BJ LEITHEAD TODD,Director (,-
Subject: Amendment to Change of Zone Ordinance No.04-56(REZ 1039)
Applicant: Ali`i Palms,LLC(formerly Lehua Lani,LLC)
Request: Amend Cond B(Time Extension to secure final subd.Approval),(Cond.J
(Timing of Constructing drainage improvements)and Condition V(Timing of Payment of
fair share contribution)
TMK: 7-5-020:071 and 072
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:
LYkHlrota-. WASTEWATER COMMENTS: (Contact Wastewater Division for details.)
( ) No comments
(X) 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 Hawaii 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.
(X )Other: Section 2(K)of Ordinance 04 56 requires that the property connect to the County
Sewer
County of Hawaii is an Equal Opportunity Provider and Employerpl a n n i ng De pt0 2 6 6 7
Exhibit JO
DAVID Y.IGE c, VIRGINIA PRESSLER,M.D.
GOVERNOR OF HAWAII4�t�naso�►� DIRECTOR OF HEALTH
` , '' Lt16 JAN F rim 1 , (?Q
f` • ; , 1
fmENT
OW fY Ur- HAWAII
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 9672101916
MEMORANDUM
DATE: January 5, 2016
TO: Mr. Duane Kanuha
Planning Director,County of Hawaii
FROM: Eric Honda 1,14
District Environmental Health Program Chief
SUBJECT: Amendment to Change of Zone Ordinance No.04-56(REZ 1039)
Applicant: Alii Palms,LLC (formerly Lehua Lani,LLC)
Request: Amend Condition B (Time Extension to Secure Final
Subdivision Approval),Condition J(Tinting of Constructing
Drainage Improvements)and Condition V(Timing of Payment
of Fair Share Contribution)
Tax Map Key: 7-5-020:071 and 072
1. The subject project is located within or near proximity to the County sewer system.
a. All wastewater generated shall be disposed into the County sewer system.
c. Wastewater Branch supports the sewer requirements made by the County for the
proposed project.
WORD: REZ 1039.eh SCANNED
Planning Dept. JAN 012016
Exhibit II " ''
DAVID Y.IGEo"r"heti • • FORD N.FUCHIGAMI
GOVERNOR 4:•%iso•
r:. ECTOR
j 2016 JAN
. . amus ,
10 Deputy �
1 ' JADE T.BUTAY
ROSS M.HIGASH
IX / Vr111' 4ENT EDWIN H.SNfFFENYCOUNT T HAVIAN
DARRELL T.YOUNG
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION STP 8.1914
869 PUNCHBOWL STREET
HONOLULU,HAWAII 96813-5097
December 16,2015
1
•
Mr. Duane Kanuha
Planning Director
County of Hawaii
Planning Department
East Hawaii Office
101 Pauahi Street,Suite 3
Hilo,Hawaii 96720
Dear Mr. Kanuha:
Subject: Alii Palms,LLC
Amendment to Change of Zone Ordinance Number 04-56,
Amend Condition B (Time Extension to Secure Final Subdivision
Approval), Condition J (Timing of Constructing Drainage Improvements)
and Condition V (Timing of Payment of Fair Share Contribution)
Kailua-Kona,Hawaii •
TMK: (3)7-5-020:071 and 072
Our Department of Transportation(DOT)has no objections to a five-year time extension on
Condition B and amendments to Conditions J and V.
If there are any questions,please contact Mr. Norren Kato of the DOT Statewide Transportation
Planning Office at telephone number(808) 831-7976.
Sincerely,
FORD N. FUCHIGAMI
• Director of Transportation
SCANNED
PlanningDept. JAN 0 6 �nt�r/
p By:...10289`..
Exhibit I2.
' :'t�°� hqy, DAVID V.IGE
~,'cr•# 19 S8 :N., GOVERNOR
` � OFFICE OF PLANNING
� '% � 2015 DEC ?u �$ LEO R.ASUNCION
J'_ - 'i® STATE OF HAWAIIACTING DIRECTOR
m OFFICE OF PLANNING
A' 235South Beretania Street,6th Floor,Honolulu,Hawaii 96813 PILAIC,i':I 1'h, (' i (808)587-2848
�`'+•.,,,;,,...••'.v 1 c I
Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 CGiy r 1110 xb: http://plann(i808. a5w8a7i-l2g8
024/
....
Ref.No. P-14987
December 18, 2015
Mr. Duane Kanuha, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attention: Ms. Maija Jackson
Dear Mr. Kanuha:
Subject: Request for Amendments to Special Management Area Permit No. 441
(Docket No. SMA 03-000015) Condition No.4 (Time Extension to Secure
Final Subdivision Approval) and Condition No.6 (Timing of Constructing
Drainage Improvements); Tax Map Key: (3) 7-5-020: 071 and 072
Thank you for the opportunity to provide comments on the request for amendments to the
subject Special Management Area(SMA) Use Permit,transmitted to our office by memorandum
dated December 7,2015
According to the information provided by the subject request, SMA Use Permit No. 441
was issued by the County of Hawaii Planning Commission on December 30, 2003,to allow the
development of a 58-unit single family residential house and lot subdivision and related
improvements, located along Ali'i Drive,North Kona, Hawaii. A single 5-year time extension
for Condition No.4 was granted from the County Planning Department. The applicant is
requesting a 5-year time extension on Condition No.4 from May 27, 2014, and amendments to
Condition No.6 to accommodate use of a surety bond to ensure completion of drainage
improvements.
The Office of Planning has reviewed the subject request and has the following comments
to offer.
1. Given that a single 5-year time extension on Condition No.4 was previously granted
from the Planning Department, the applicant should be reminded that "Should any of
the foregoing conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate procedures to revoke the permit."
2. Annual progress report(s) from the applicant, as required by Condition No. 17,
should be examined for the status of the proposed development.
DE ? 7015
Planning Dept. 10 217 6
Exhibit IS ,.
,
Mr. Duane Kanuha, Director
December 18,2015
Page 2
3. The applicant should provide a timeline of action as to how Condition No.4 and
Condition No.6 will be met in response to the proposed amendments.
4. It is noted that the time-extension requested on Condition No. 4 is from May 27,
2014. We suggest all applicants be required to request for a time extension to an
SMA permit prior to the expiration.
The comments in this letter provide guidance and are not regulatory. The planning
department of the various counties is charged with assessing SMA permit applications and
shoreline setbacks. Final decision-making is vested in the respective county planning
commissions, or the city council for the City and County of Honolulu.
If you have any questions regarding this comment letter,please contact Mr. Shichao Li of
our Coastal Zone Management Program at(808) 587-2841.
Sincerely,
C2PC--6—*
Leo R. Asuncion
Acting Director
7414 ?
DAVID Y.ICE 4t O .F 1��� f 02 SUZANNE D.CASE
GOVERNOR OP HAWAII 4' 9139 �7i �`t� CCWRP:ISDN
! iA w
4 • •';;x. 1�"�\i 'i X1.1 1 1': ARD OFLANDANDNATURALSTURM
Nil COiR1(U�SIONON WATER RESOURCE
Vt,d a fes �. �/1`d i 61—
/2
.J) MANAGEMENT
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOJIILIJ.HAWAII 96K09
January 4,2016
County of Hawaii
Planning Department
Attention: Ms.Maija Jackson via email: mjacksonCu co.hawaithi.us
101 Pauahi Street, Suite 3
Hilo,Hawaii 96720
Dear Ms.Jackson:
SUBJECT: Amendment to Change of Zone Ordinance No. 04-56 (REZ 1039); Request:
Amend Condition B (Time Extension to Secure Final Subdivision Approval),
Condition J(Timing of Constructing Drainage Improvements)and Condition V
(Timing of Payment of Fair Share Contribution)
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources'(DLNR) Land Division distributed or made available a
copy of your report pertaining to the subject matter to DLNR Divisions for their review and
comments.
At this time, enclosed are comments from the (a) Engineering Division and (b) Land
Division—Hawaii District on the subject matter. Should you have any questions,please feel free
to call Lydia Morikawa at 587-0410. Thank you.
Sincerely,
Russell Y. Tsuji
Land Administrator
Enclosure(s) SCANNED
cc: Central Files PktnninDept.
sJAN 0 R 2016
Exhibit III Pkt...,11:12U24
ir
DAVID Y.ICE Z s. h44 SUZANNR D.CARE
OOVVU ROR HAWAII ,y r Y! y�.... MAMMON
_ BOARD OF LAND AND NATURALRESOURCRS
, COMIIIISSIONONWATRRRESOURCZ
t' I � MANAOEMQIT
0.06 and
., ,l STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES •
LAND DIVISION
POST OFFICE BOX 621
HONOLULU.HAWAII 96R09
/Mn
December 11,2015
MEMORANDUM
TO: DLNR Agencies:
_Div.of Aquatic Resources
Div. of Boating&Ocean Recreation
X Engineering Division
Div. of Forestry&Wildlife
_Div. of State Parks
!Commission on Water Resource Management
Office of Conservation&Coastal Lands
X Land Division—Hawaii District
X Historic Preservation
FROM: ussell Y.Tsuji,Land Administrator
SUBJECT: Amendment to Change of Zone Ordinance No. 04-56 (REZ 1039); Request:
Amend Condition 13 (Time Extension to Secure Final Subdivision Approval),
Condition J(Timing of Constructing Drainage Improvements)and Condition V
(Timing of Payment of Fair Share Contribution)
LOCATION: N. Kona,Island of Hawaii;TMK:(3)7-5-020:071 and 072
APPLICANT: Ali'i Palms LLC(formerly Lehua Lani,LLC)
Transmitted for your review and comment is information on the above-referenced
amendment. We would appreciate your comments on this document. Please submit any comments
by December 31,2015.
If no response is received by this date, we will assume your agency has no comments. If
you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you.
Attachments
( ) We have no objections.
( i/We have no comments.
( Comments are Attached.
,--
Signed: 7�
Print Name: .;1i S.Chang,Chief Engineer
Date: 11'
5—
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LIWIlussell Y.Tsuji
REF: Amendment to Change of Zone Ordinance No.04-56(REZ 1039);Request:Amend
Condition B,Condition J and Condition V
Hawaii.076
COMMENTS
(X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is
located in Zone X. The National Flood Insurance Program(NFIP)does not regulate
developments within Zone X.
() Please take note that the project site according to the Flood Insurance Rate Map(FIRM),is located
in Zone •
() Please note that the correct Flood Zone Designation for the project site according to the Flood
Insurance Rate Map(FIRM)is__.
() Please note that the project must comply with the toles and regulations of the National Flood
Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR),
whenever development within a Special Flood Hazard Area is undertaken. If there are any
questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of
Land and Natural Resources,Engineering Division at(808)587-0267.
Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your
Community's local flood ordinance may prove to be more restrictive and thus take precedence
over the minimum NFIP standards. If there are questions regarding the local flood ordinances,
please contact the applicable County NF1P Coordinators below:
() Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of
Planning and Permitting.
() Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of
Public Works.
() Mr.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning.
() Mr.Stanford Iwamoto at(808)241-4896 of the County of Kauai,Department of Public
Works.
() The applicant should include project water demands and infrastructure required to meet water
demands. Please note that the implementation of any State-sponsored projects requiring water
service from the Honolulu Board of Water Supply system must first obtain water allocation credits
from the Engineering Division before it can receive a building permit and/or water meter.
() The applicant should provide the water demands and calculations to the Engineering Division so it
can be included in the State Water Projects Plan Update.
() Additional Comments:
() Other:
Should you have any questions,please call Mr.Dennis lmada of the Planning Branch at 587-0257.
Signed:
CARTY S. G,CI:16. GINEER
Date:_ —� 5 4} /15
s
DAVID Y.ICS ° hfh;.. AU7ANIRD.CASS
OOV*RNOIORHAWAII .'A 9d" .� CRALRPRRBON
BOARD OF LAND AND NATURAL.RBBOURCRR
I COMMBRIONORWATER RRSoURCIL
.17 MARAOL:Ma
4Nrd ihd ` r�- t`:
ail
•
� T Flpfy STATE OF HAWAII
saaw DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU.HAWAII 96809
December 11,2015
MEMORANDUM
TO: DLNR Agencies:
Div. of Aquatic Resources
Div.of Boating&Ocean Recreation
X Engineering Division
Div.of Forestry&Wildlife
Div. of State Parks
Commission on Water Resource Management
_Office of Conservation&Coastal Lands
X Land Division—Hawaii District
X Historic Preservation •
FROM: F.1Russe1I Y.Tsuji,Land Administrator
SUBJECT: Amendment to Change of Zone Ordinance No. 04-56 (REZ 1039); Request:
Amend Condition B (Time Extension to Secure Final Subdivision Approval),
Condition J(Timing of Constructing Drainage Improvements) and Condition V
(Timing of Payment of Fair Share Contribution)
LOCATION: N.Kona,Island of Hawaii;TMK: (3)7-5-020:071 and 072
APPLICANT: Ali'i Palms LLC(formerly Lehua Lani,LLC)
Transmitted for your review and comment is information on the above-referenced
amendment. We would appreciate your comments on this document. Please submit any comments
by December 31,2015.
If no response is received by this date, we will assume your agency has no comments. If
you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you.
Attachments
( We have no objections.
( ) We have no comments.
( ) Comments are attached
Signed:
Print Name: teihNP,"i �. WO:e 1
Date: ♦a/i L
cc: Central Files
RAIi' ngj 5/16/16
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ALIT PALMS,LLC(FORMERLY LESUA LANE,LLC)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO,04-56(REZ 1039)
Upon careful review of the applicant's request against the guidelines for approving
amendments to a Change of Zone,the Planning Director is recommending a favorable
recommendation be forwarded to the County Council for the request to amend Conditions
B and J and an unfavorable recommendation be forwarded to the County Council for the
request to amend Condition V of Change of Zone Ordinance No.04-56. The favorable
recommendation for Conditions B and J does not,however, sanction the specific plans submitted
with the application as they may be subject to change given the specific code and regulatory
requirements of the affected agencies. Since this recommendation is made without the benefit of
public testimony, the Director reserves the right to modify and/or alter this recommendation
based upon additional information presented at the public hearing. This recommendation is
based on the following findings:
The applicant has submitted an application requesting to amend Conditions B,J
and V of Change of Zone Ordinance No.04-56,which rezoned the property in 2004 from
Agricultural-5acres(A-5a)to Single Family Residential-7,500 square feet(RS-7.5)to
allow the development of a 58-unit single family residential subdivision and related
improvements on TMK 7-5-020:071 and 072. The applicant requests a 5-year time
extension to Condition B,which required that Final Subdivision Approval be secured by
• May 27,2014. The applicant acquired the properties in 2006 and secured Tentative
Subdivision Approval the same year. A final plat map and construction plans were
submitted to Planning in May 2014 but the applicant was not able to secure final
subdivision approval prior to the deadline. The applicant also requests to amend
Condition J, which requires that drainage improvements be constructed prior to receipt of
Final Subdivision Approval,by providing a surety bond for the drainage improvements
so that Final Subdivision Approval can be issued before the improvements are
constructed. Bonding of drainage improvements is a routine process similar to the
-i-
•
bonding of other subdivision improvements. The applicant anticipates constructing ting the
project's drainage improvements within six months of receipt of a new grading permit
from the Department of Public Works. Lastly,the applicant requests to amend Condition
V,which requires the applicant make the fair share payment prior to receipt of Final
Subdivision Approval. The applicant requests to defer payment of the fair share payment
until each of the 58 single-family residential units are constructed and sold. Payment
would be made via escrow upon the close of sale.
CONDITIONS B and J
Granting of the amendments to Conditions B and J would not be contrary to
the original reasons for granting the rezone. The applicant is simply seeking
additional time to complete the subdivision,to change the timing of when drainage
improvements will be constructed,and to change the timing of when the fair share
payment will be made. The proposed project has not changed from its original concept
when the rezone was approved in 2004. Since the rezone was granted,the applicant has
completed construction plans implementing conditions of the ordinance including the
archaeological preservation plan and burial treatment plan.
Granting of the amendments to Conditions B and J would not be contrary to
the General Plan or the Zoning Code. There have been three significant changes since
the rezone was approved in 2004 that warrant a re-evaluation of the approval of the
rezone: 1)the General Plan was updated in 2005,2)the Kona Community Development
Plan(KCDP)was adopted by the County Council in 2008,and 3)the Zoning Code was
amended by the County Council in 2007 to include concurrency requirements for rezones
or time extensions for previously approved rezones,such as the current request.
The General Plan Land Use Pattern Allocation Guide(LUPAG)designation for
the properties and surrounding area changed by removing the Urban Expansion
designation and replacing it with the Medium Density Urban designation. The Urban
Expansion designation would have allowed for commercial and light-industrial uses in
this area. The proposed 58-lot residential development is consistent with the current
LUPAG designation which allows for residential density of up to 35 units per acre.
The General Plan also called for the creation of community development plans to
direct physical development and public improvements within a specific area. The Kona
-2-
Community Development Plan(KCDP)was adopted in 2008 for this purpose. The
proposed project is located within the Kona Urban Area and outside of a Transit Oriented
Development GOD)area. It is considered an infill project in that it is surrounded by
existing development on all sides,and is therefore consistent with the goals and policies
of the KCDP,Policy LU-2.8(2)(b)ii which encourages infill rezones. The property is
surrounded by residential condominiums on the north and west side across AIN Drive.
Alii Garden Marketplace is located on the property to the south and the Kahakai Estates
single-family residential subdivision is located to the east above the proposed AIN
Parkway right-of-way.
Table 4-1 (Concurrency Table)and Policy IRAN-6.2 of the KCDP lists the
Kahului-Keauhou Parkway(Ali`i Parkway)and Lako Street Extension as priority road
improvements needed in order to rectify existing deficiencies and influence the pattern of
future growth. The Department of Public Works indicates that both roadway projects are
active and necessary,but cannot provide an estimate of when these projects will be
constructed. The Statewide Transportation Improvement Plan (STIP) shows the Alii
Parkway project is expected to begin construction in 2020. Policy TRAN-6.1 indicates
that all roadways in the Kona Urban Area are"critical road areas"to be built concurrent
with the occupancy of units as defined in the Zoning Code`Concurrency Requirements'
section. The Planning Director recently issued an interpretive determination regarding
Policy TRAN-6.1 to say that he concurs with the Kona CDP Action Committee's
determination that the official concurrency map be applied as follows:To the extent that
road improvements are necessary as area mitigation for a project within the Kona CDP,
such improvements shall be for some or all of the road segments in that concurrency zone
sufficient to offset the traffic demand or impact generated by that project,based on the
level-of-service in accordance with the standards for such determinations as set forth in
section 25-2-46 of the Zoning Code.
The concurrency section of the Zoning Code states that a traffic study is required
whenever a proposed development will generate over 50 peak hour trips. Thus,a traffic
assessment was prepared by SSFM in July 2015 and finalized in March 2016 for the 58-
lot residential development. The study determined that the nearby intersections at Alii
Drive/Lunapule Road and Alii Drivel Royal Poinciana Drive currently operate at an
-3-
acceptable level of service,but some movements at the Lunapule Road/Alii Drive
intersection will operate poorly in 2025 and Royal Poinciana Drive/Alii Drive will
operate poorly in 2035. The concurrency requirements state that if an intersection
currently operates at an unacceptable LOS or will within 5 years of the study,a condition
of zoning shall delay occupancy until mitigation is implemented. Since,according to the
traffic assessment,these intersections will operate at an acceptable LOS through 2025,no
mitigation is immediately required and the development can proceed and be occupied
without delay. In their memo dated January 22,2016,the Department of Public Works
(DPW)noted some corrections that should be made to the traffic assessment based on the
timing of construction of the Alii Parkway and Mamalahoa Bypass Road and the effect
these projects may have on Alii Drive. The traffic assessment uses 2003 traffic counts
as the basis for its level-of-service analysis. Upon further discussion between Planning
and DPW staff,it was clarified that traffic has actually decreased since 2003 in this area
but with the opening of the Mamalahoa Bypass Road in late 2016,additional traffic may
use Alii Drive that was not anticipated in the traffic assessment. The DPW has plans to
signalize the study intersections along Alii Drive although no timeline for these
improvements has been established. To ensure the proposed project conforms to the
concurrency requirements in the Zoning Code,the Planning Director recommends the
applicant revise the traffic assessment by addressing the concerns raised by DPW. If the
revised study determines the study intersections operate poorly,occupancy should be
delayed until improvements are constructed to improve level-of-service.
To summarize,the Planning Director believes the applicant's request for a time
extension to secure subdivision approval and the request to provide a surety or bond for
the drainage improvements prior to subdivision approval is a reasonable request given
that the applicant has been diligently working on completing the development and
bonding of drainage improvements is not uncommon and is similar to bonding of other
infrastructure improvements during the subdivision process.
However, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use,prior to its commencement or establishment upon
the subject property. Additional governmental requirements may include the issuance of
-4-
building permits,compliance with the Fire Code,installation of improvements required
by the American with Disabilities Act(ADA),among many others. Compliance with all
applicable governmental requirements is a condition of this approval;failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Condition V
Granting of the amendment to Condition V would be contrary to the original
reasons for granting the rezone. Although the request to amend Condition V is not
contrary to the General Plan or Zoning Code,it is contrary to the original reasons for
granting the rezone since it would defer payment of the fair share fee to when lots/units
are sold. The applicant proposes to execute irrevocable escrow instructions prior to Final
Subdivision Approval,which require the payment of the fair share contribution at the
closing of sale of each single-family residential unit/lot. The Director has consulted with
the Department of Finance,which is responsible for tracking payments and Capital
Improvements Project(CIP) expenditures from the Fair Share Account. Both the
Planning Director and Finance Director do not support the request to amend Condition V
for several reasons. First,the request would not be fair and equitable since it defers
payment to the close of sale,when other developers currently have to pay at final
subdivision. It would also be inconsistent with how the County currently collects fair
share payments.Rather than calculating one fair share contribution at Final Subdivision
or Plan Approval,Planning staff would have to calculate multiple fair share contributions
as each unit/lot sells,potentially over a long period of time if units/lots do not sell
quickly. This would require significantly more staff time and resources to complete. It is
also possible that if a lot does not sell and the original developer retains ownership,a fair
share payment would not be made for that lot.Thus payment of a fair share fee for each
lot would not be guaranteed. If approved,the Planning and Finance Departments would
have to monitor two systems of fair share payment since there are legacy ordinances
under the current payment method. Logistically this would be challenging and may
increase the potential for audit issues as it would be difficult to track which lots have or
-5-
have not sold over decades and calculate any necessary Honolulu Consumer Price Index
(HCPI)adjustments to the fair share fee.
Assuming an escrow company would handle the calculation and collection of
payment,the Planning Department would need to train escrow company staff and verify
their calculations are correct each time a unit/lot sells. It is also unclear who would pay
any escrow company fees to administer the collection of fair share payments. The
County does not have funds to pay an escrow company to administer the fair share
program and does not have complex accounting software to track payments made through
the escrow company to Planning. In addition, should the County Council adopt a Unified
Impact Fees Ordinance setting forth criteria for imposition of exactions of the assessment
of impact fees,the escrow account would need to be closed and the remaining fees not
paid converted to an impact fee. Finally,fair share funds are reported annually to the
County Council and are appropriated by the departments for capital improvements. The
escrow company would need to prepare regular reports to Planning Department staff who
manage the Fair Share Annual Report and respond to requests for availability of funds for
capital projects.
The current fair share payment program is the most efficient way for the County
to collect these payments with the minimum amount of staff time and resources.
Implementing the requested change in fair share payment collection would require
additional staff resources that would cost the County more money,but since the fair share
payment amount would not increase,there would be no benefit to the County and its
taxpayers who fund staff positions. For these reasons,the Planning Director strongly
recommends forwarding an unfavorable recommendation to the County Council to
amend Condition V.
Based on the above findings,the Planning Director recommends that the Planning
Commission for to the County Council a favorable recommendation to amend Conditions B
and J and an unfavorable recommendation to amend Condition V of Ordinance No.04-56.
-6-
The accompanying draft bill reflecting the recommended amendments is provided for
your consideration. In addition,the Planning Director recommends that existing conditions in
the ordinance be revised to reflect the current standard language for conditions of approval and
housekeeping revisions.(Material to be deleted is bracketed and struck through and material to
be added is underscored),
-7-
COUNTY OF HAWAII •'iv• .•\ STATE OF HAWAII
- .
BILL NO.
ORDINANCE NO. alae De-f4--)
AN ORDNANCE AMENDING ORDINANCE NO. 04 56,WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—FIVE ACRES (A-5a)TO SINGLE FAMILY RESIDENTIAL—
7,500 SQUARE FEET(RS-7.5)AT PUAPUAA 2ND,NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY: 7-5-020:071 AND 072.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 04 56 is amended as follows:
"SECTION 1. Section 25-8-33, 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:
(1) Necessary to prevent circumstances which maybe adverse to the public health,
safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use,or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 2. Material to be deleted is bracketed and struck through and material to be
added is underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid,such
invalidity shall not affect the other parts of this ordinance.
SECTION 4.This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER,COUNTY OF HAWAII
Hilo,Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
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"PARCEL B" "PARCEL A"
AGRICULTURAL(A410 TO AGRICULTURAL(A-50 TO:
SRIGLGFANIL RRESIDENTIALIR .T.1 UIOLEFArLYYREN iIA1.AI1si
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
-
TO SINGLEFROM-FAMILYAGRICULTURAL RESIDENTIA(AL5a)(RS-7.5)
AT PUAPUAA 2nd, NORTH KONA, HAWAII
PREPARED BY; PLANNING DEPARTMENT
COUNTY OF HAWAII
TIM. 7-3-020071 a 072 oat& November 25, 2003
XXHIBIT"A"
(Lihua Lint,RLC 1 f 171
ALII PALMS LLC FOR REFERENCE ONLY
CAluPalmsAmendREZ.mjj 5/16/16
ALI`I PALMS,LLC (FORMERLY LEHUA LANI,LLC)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO.04-56(REZ 1039)
CONDITIONS OF APPROVAL
A. The applicant,its successor or assigns shall be responsible for complying with all
stated conditions of approval.
B. Final subdivision approval shall be secured within five(5)years from the
effective date of this amended ordinance.
C. The applicant is responsible for maintaining valid water commitments to support
the proposed use until such time that required water facilities charges are paid in
full.
D. Prior to receipt of Final Subdivision Approval or Final Plan Approval, the
applicant shall revise the Traffic Assessment dated March 28.2016 as
recommended by the Department of Public Works. Should the revised study
determine that the level-of-service(LOS)of any movements at study intersections
currently operate worse than LOS"D"or are projected to operate worse that LOS
"D"during the five year period of the revised study,occupancy of the residential
units/lots within the development shall be delayed until mitigation,as defined
and required by Section 25-2-46 of the Zoning Code,is satisfied.
[C:]E. Only one access from[ilii]Alii Drive shall be allowed for the proposed
subdivision meeting with the approval of the Department of Public Works. The
subdivision roadway from[Alii]Alii Drive shall provide a minimum of 45 feet
of storage and turnaround on the [Alii]Alii Drive side of any gated vehicle
access. The roadway connection with[Alii] Alii Drive shall conform to Chapter
22,County Streets [and-Sidewalks],of the[Hawaii]Hawaii County Code.
[l ]F. A 5-foot wide no vehicular access planting screen easement shall be delineated
along all lots fronting[Alii] AIN i Drive. Vehicular access to the individual lots
shall not be permitted from [Alii] Mil Drive.
[E]G. A 10-foot future road widening strip along the length of[Alii] AIN Drive shall be
dedicated to the County prior to receipt of final subdivision approval.
1
[F7]14. A paved shoulder extending to the property line along the[Alii] AIN Drive
frontage of the property shall be provided meeting with the approval of the
Department of Public Works. The paved shoulder improvements may include
pavement transitions,signs,markings,drainage improvements,and relocation of
utilities. Utility meter and pressure reducing valve vaults shall also be located
outside of the right-of-way in accordance with the requirements of the
Department of Public Works.
[6:]I. The existing two-way left turn lane on[Alii] Alii Drive fronting the adjacent
property to the north shall be extended to serve the roadway entry of the subject
property in accordance with the requirements of the Department of Public Works.
The necessary improvements for the extension of the two-way left turn lane,
which shall consist of,but not be limited to,pavement widening,drainage
improvements, streetlights, signs and markings, and relocation of utilities shall be
provided in accordance with the requirements of the Department of Public Works.
These improvements shall be constructed and dedicated at no cost to the County.
[}]J. Any additional right-of-way necessary for the Kahului to Keauhou Parkway(aka
[Mi]Alii Highway)shall be as determined by the Department of Public Works
within four months of the effective date of this ordinance or action on any
Planned Unit Development(PUD)permit for the subject project,whichever is
sooner,and shall be dedicated at no cost to the County in conjunction with the
subdivision of the subject property and/or be dedicated upon request by the
Department of Public Works. A vehicular egress from the project onto the
Parkway shall be allowed,unless deemed inappropriate by the Department of
Public Works. Said egress shall also be made available to the general public in
times of emergency.
[ ]K. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
[3,]L. A drainage study shall be prepared for review and the recommended drainage
system shall be constructed meeting with the approval of the Department of
Public Works. The drainage improvements shall be constructed or bonded prior
to receipt of final subdivision approval.
2
[ ]M.The proposed subdivision shall connect to the County sewer system.
[L:]N. Comply with Chapter 11-55,Water Pollution Control, [Hawaii]Hawaii
Administrative Rules,Department of Health,which requires an NPDES permit
for- rtaiin construction activity.
[i ]Q During construction,measures chall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the State of[Hawaii] Hawaii.
[N-.-W. All earthwork and grading shall conform to Chapter 10,Erosion and Sediment
Control of the[Hawaii] Hawaii County Code.
[9:]Q The U.S. Department of Army Corps of Engineers shall be contacted to identify
whether a Federal Permit(including a Department of Army permit)is required for
this project. The Planning Director shall be notified in writing as to whether such
permit is required for the development of the project.
[INR, [ .._. _.. . .. _ • ., . . . . . , _ _ . _ . .
•
e .. .. , . _.. . .. . • . .. . • _.. . ..
.] The applicant shall include all of the DLNR HPD
mitigation measures and conditions specified in the Preservation and Mitigation
Plan,including the Burial Treatment Plan,into the plans for the project,which
shall be conditions of subdivision approval.
[Q:]S. The archaeological features on the mauka end of the project site shall be
preserved and made a part of the project's approximately one-half-acre
landscaping/open space buffer from the Kahului to Keauhou Parkway([Alii] Alii
Highway). The burial site(16116)consisting of two burial platforms shall be
preserved"as is." A landscaped buffer shall be placed surrounding the burial site,
and the burial site shall be incorporated into the project's landscaping/open space
feature. Access to the burial site by descendants shall be allowed, consistent with
the requirements of the Preservation and Mitigation Plan and Burial Treatment
Plan approved by the State of[Hawaii] Hawaii Department of Land and Natural
3
Resources-Historic Preservation Division(DLNR-HPD).
[R ]T. Should any undiscovered 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 mitigation measures have been
taken.
[HU. The applicant,its successors or assigns,shall be responsible for ensuring that the
proposed passive park site is preserved,maintained, and cared for in perpetuity.
[T]V. The applicant shall purchase and install an Emergency Outdoor Warning Siren,
acceptable to the[Hawaii]Hawaii County Civil Defense Agency,provided that
the cost of these improvements shall be credited against the applicant's fair share
requirement for fire,police, and if needed,road and traffic improvements outlined
in Condition V. [ . - - - _ ' . . _ • .. . . _ • . : .. ._. .. . .
•
. . _ _ • . .. . . . .• . .
subdivision-appreval:]
[14:]W.The applicant shall comply with the County of Hawaii Affordable Housing
Policy pursuant to Chapter 11,Article 1,Hawai`i County Code.
[V]X. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads,park, fire,police and solid waste
disposal facilities. 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/unit counts are adjusted. The fair
share contribution shall become due and payable prior to final subdivision
approval/final plan approval/completion of a condominium property regime
(whichever is applicable) for[of] any portion of the subject property[or within
five(5) years from the effective date of this change of zone ordinance, whichever
occurs first]. The fair share contribution for each lot/unit shall be based on a
maximum density for each lot/unit as determined by the zoning resulting from this
change of zone. The fair share contribution in a form of cash,land, facilities or
4
any combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance,based on the percentage change in the Honolulu
Consumer Price Index(HCPI).The fair share contribution shall have a maximum
combined value of[59,4 ] $13.672.20 per single family residential lot/unit.
Fair share contributions shall be allocated as follows:
1. [$4467.62] $6.608.08 per single family residential lot/unit [feran
] to the County to support park and
recreational improvements and facilities;
2. 15220.34] 5317.37 per single family residential lot/unit [fafin-indieated
total e f$12 ""72] to the County to support police facilities;
3. (8435241 $626.84 per single family residential lot/unit [fer-an
] to the County to support fire facilities;
4. [8190.54]$274.44 per single family residential lot/unit [€o ieated
] to the County to support solid waste facilities;
5. [$4;058.41] $5.845,47 per single family residential lot/unit[
indieated-tetat-of ] to the State or County to support road
and traffic improvements;
In lieu of paying the fair share contribution,the applicant may construct such
facilities related to park,fire,police and solid waste disposal facilities subject to
the review and recommendation of the Planning Director,upon consultation with
the appropriate agencies and approval of the[Hawaii] Hawai`i County Council.
[W]Y.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.
[X]Z. Comply with all applicable laws, rules, regulations and requirements of other
affected agencies, including the Department of Water Supply.
5
•
[ ]AA- An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of this change of zone ordinance. The report shall include,but
not be limited to,the status of the development and compliance with the
conditions of approval. This condition shall remain in effect until all of the
conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
[-. .. ; . _ : : _ . - . -- • , , . , ..: , ..
erreumstanees:
7-
Or-Zoning-Code:
4. r. . - - - • • • -:. . : . _- : . . . . .
BB. Should the applicant require an additional extension of time,the Planning
Director shall submit the applicant's request to the Planning Commission and the
Hawai`i County Council for appropriate action.
[AA]CC. Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the property to its original
or more appropriate designation.
6
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LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
MAY 19,2016
A regularly advertised hearing on the applications of ALI`I PALMS,LLC (formerly LEHUA
LANI,LLC) (AMEND REZ 1039/AMEND SMA 441)was called to order at 10:01 a.m. in the
West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole
Highway, Kailua-Kona, Hawai`i,with Vice Chairman Collin Kaholo presiding.
COMMISSIONERS PRESENT: Collin Kaholo,Nancy Carr Smith, Scott Church,
Barbara Nobriga and Sonny Shimaoka
RECUSED: Keith Unger
ALSO PRESENT: Danny Patel(Counsel for the Commission),Duane Kanuha(Planning
Director),Daryn Arai(Planning Program Manager), Jeff Darrow (Planner), Maija Jackson
(Planner), Christian Kay(Planner)and Noriko Sauer(Commission Secretary)
And approximately 80 people from the public in attendance.
APPLICANT: ALI`I PALMS,LLC (formerly LEHUA LANI,LLC)
(AMEND REZ 1039/AMEND SMA 441)
Request to amend Condition B (time extension to secure subdivision approval), Condition J
(drainage improvements)and Condition V(fair share payment)of Change of Zone Ordinance
No.04-56, and Condition No.4(time extension to secure subdivision approval)and Condition
No. 6(drainage improvements)of SMA Use Permit No.441. In 2004,the property was rezoned
from Agricultural- 5acres (A-5a)to Single Family Residential-7,500 square feet(RS-7.5) and
SMA Permit No.441 was issued to allow the development of a 58-unit single family residential
house and lot subdivision and related improvements. The property is located along the east
(mauka) side of Ali`i Drive,between the Ali`i Lani Condominium and the Ali`i Garden
Marketplace and across from the Kona By the Sea and Kona Riviera Villas condominium
complexes,Puapua'a 2nd,North Kona,Hawai`i, TMK: 7-5-020:071 and 072.
UNGER: Item No. 2. Applicant Ali`i Palms, LLC, formerly Lehua Lani, LLC,Amend Rezone
[REZ] 1039/Amend SMA 441,request to amend Condition B,time extension to secure
subdivision approval,Condition J, drainage improvements, and Condition V, fair share payment,
of Change of Zone Ordinance 04-56, and Condition No. 4, time extension to secure subdivision
approval, and Condition No. 6, drainage improvements, of SMA Use Permit No. 441.
At this time I'm going to be recusing myself; I own the property directly to the south of the
subject property. And Commissioner Kaholo will be chairing this portion of the agenda.
KAHOLO: Thank you, Chair, Commissioner Keith Unger. At this time I'd like to ask staff to
present the presentation.
1
DRAFT
JACKSON: Thank you, Mr. Chair. The next item on the agenda is a request for an amendment
to a Change of Zone Ordinance and a Special Management Area Permit. The applicant is Ali`i
Palms, LLC.and the subject property is located in the North Kona District,just along Ali`i
Drive. It consists of two properties that are outlined in red kind of in the middle of the slide.
You have Ali`i Drive running in a north-south direction on the makai side of the property and
Kuakini Highway also running in a north-south direction above that. And then you can see the
future right-of-way for the Ali`i Parkway along the mauka boundary of the property. The
property is zoned Single Family Residential-7,500 square feet, and you can see that a lot of the
properties nearby are also zoned either Single Family or Multi Family Residential,which is
shown in the light browns and the yellow colors. The property just to the south, which is where
the Ali`i Garden Market Places is located, is zoned Agricultural and that's shown in the light
green color.
The General Plan designation for the property is Medium Density Urban,which allows both
single-family and multi-family residential development as well as commercial. And the Kona
CDP map—it's a little hard to see the property, I've outlined it in the red circle here—the
property is located outside of a Transit Oriented Development Area; those are shown by the large
blue circles. But it is in Concurrency Zone L,and Concurrency Zone L calls for the construction
of Alli Parkway as well as the Lako Street Extension; it identifies those roads as priority road
areas, I mean,priority road projects for the area.
And this is an aerial photo of the property and surrounding area; you can see it's currently
vacant. You have the Ali`i Lani Townhouses to the north,Ali'i Garden Market Place to the
south and Kona By the Sea condos, and then Kahakai Estates Residential Subdivision is located
mauka of the development. This vacant area just mauka of the property is the future Ali`i
Parkway right-of-way.
So in 2004 the applicant received a Change of Zone to rezone the property from Agricultural-5
acres to Single Family Residential-7,500 square feet. And they also receive an SMA Permit to
allow a 58-lot single-family residential development. In 2006 they received a Planned Unit
Development Permit,and they submitted a preliminary subdivision plat map, and received
tentative approval for that. This is a slide showing the applicant's preliminary subdivision plat
map that they submitted back in 2006; you have Alii Drive on the left side of the slide,the
access to the subdivision would be located in this area, and then you can see the lots,there is also
a park area next to the Ali`i Parkway,and then an archaeological preserve in this area here.
So the applicant is currently requesting to amend Conditions B,J and V of their Change of Zone
Ordinance, and Conditions 4 and 6 of their SMA Permit. And Conditions B and 4 are identical
in both the Ordinance and the Permit. It required that final subdivision approval for the
development be completed by May of 2014. The applicant is requesting a five-year time
extension to those two Conditions. And then Conditions J and 6 required construction of
drainage improvements prior to final subdivision approval. The applicant is requesting to
provide a surety bond so that the subdivision approval can be granted, and then the drainage
improvements will be constructed shortly after that. And lastly the applicant is requesting to
amend Condition V of the rezone ordinance. Condition V required that their fair share
2
DRAFT
aimmumb .ami
contribution for the subdivision be paid prior to final subdivision approval. The applicant is
requesting to defer payment until each of the lots are sold rather than one payment at final
subdivision approval. And those payments would be made through escrow to the County.
These are some site photos of the property. This is from Ali'i Drive looking mauka,and this is
along Ali`i Drive; the image on the left is looking north towards downtown Kailua and the image
on the right is looking south towards Keauhou, so the property is located here and here.
The Planning Director is recommending that the Commission forward a favorable
recommendation to the Council to amend Conditions B and J; that was for the request to, for the
time extension to secure subdivision approval and to bond the drainage improvements. But the
Director is also recommending an unfavorable recommendation be forwarded for the request to
amend Condition V,which was to change the fair share payment. And then for the SMA Permit,
the Director recommends approval of the amendment to Conditions 4 and 6.
And I just wanted to go into some of the reasons the Director is recommending an unfavorable
recommendation for Condition V. We did consult with the Department of Finance to talk about
the applicant's request. And some of the concerns both the Planning Department and Finance
Department had was that the request wouldn't be fair and equitable because it defers the payment
to the close of sale for each lot. Currently other developers that have received Change of Zone
Ordinances, they have conditions that require that they pay at final subdivision approval; so this
would change that, that system of payment. The request would also not be consistent with how
the County currently collects fair share payments. If the request is approved,the Planning and
Finance Departments would need to administer two systems of fair share payment,which would
logistically be difficult and may increase the potential for audit issues because it would be
difficult to track which lots have or have not sold. And lastly,the current fair share payment
program is the most fair and efficient way for the County to collect these payments. Approval of
the request would cost the County more money to administer,but since the fair share payment
amount would not increase,there would be no benefit to the County and its taxpayers who staff
the positions to monitor and track the system.
So with that,that concludes my presentation. Are there any questions?
KAHOLO: Thank you. Commissioners,do we have any questions for
CHURCH: Yes. I have a couple of questions over here,Collin.
KAHOLO: Okay.
CHURCH: I didn't see it in the recommendation the amount of time between final subdivision
approval and the improvements for the drainage.
JACKSON: In their application they mention that they would likely install the improvements
within six months of receiving a new grading permit.
CHURCH: Okay. So is that one of the conditions or?
3
DRAFT
JACKSON: No, it wouldn't be a condition. Typically when they bond the drainage
improvements,we enter into an agreement,the Planning Department and the developer,and
often times the agreement specifies the time that they have to perform.
CHURCH: Okay, so you'll be reviewing that or you will see that.
JACKSON: Yes.
CHURCH: Okay, fine. The second thing is, what is the,has the amount for the fair share been
determined for this project?
JACKSON: The amount varies depending on when the fair share payment is made. So for
example, let's say a year from now they were to receive final subdivision approval,we would
calculate the fair share payment based on the rates that are in your recommendation right now for
the 58 lots,and the payment would be made all at once. If the condition were to be changed as
the applicant is requesting, we would have to calculate fair share payments through the course of
possibly, you know,two or three decades depending on how long it takes each lot to sell.
CHURCH: Okay. Any estimate,though,any,just a,just a broad estimate of what it would be if
it were all improved in one phase? Do you have any idea? I'm just interested.
JACKSON: I can do the calculation, if you could just give me one minute.
CHURCH: Sure.
KAHOLO: Any more questions from the Commissioners? None.
CARR SMITH: Chairman, I was wondering why the five-year extension wouldn't begin from
the 2014 date,which was when they,that was their previous date. So what happens between
2014 and 16?
JACKSON: Yeah, so typically we just give them the additional time from the date that the
action is taken to grant the amendment for time extension. That's fairly standard with how we
grant time extensions. If the Commission would want to do it differently, they have option to do
that.
CARR SMITH: Thank you.
JACKSON: Commissioner Church, for your question, you would take the 58 lots and multiply
that by the approximately 13,000-dollar fair share amount, so it would be 754,000 dollars.
CHURCH: Okay, not an insignificant amount.
JACKSON: No.
4
DRAFT
CHURCH: Yeah.
KAHOLO: Any more questions? None? Thank you,staff. At this time I'd like to call up the
applicant or its advisors.
CARR: Good morning, Chair Kaholo.
KAHOLO: Good morning.
CARR: My name is Stanford Carr.
KAHOLO: Let him take care of them first[an individual organizing renderings for the
applicant's presentation]. Will you raise your hand,please,right hand? Do you swear or affirm
to tell the truth on this matter before the Planning Commission?
CARR: I do.
KAHOLO: Thank you. You may proceed.
CARR: Aloha. Good morning. My name is Stanford Carr,president of Stanford Carr
Development and managing member of SCD Ali`i Palms. We are here before you today to
request the proposed amendments to our Ordinance as well as SMA Permit.
Ali`i Palms will consist of 58 single-family detached homes off of Ali`i Drive right below the
future bypass,Alii Bypass Road, and below Kahakai Estates,which is a neighborhood we
developed 18 years ago. We have two different product types. In the interior of the
neighborhood you'll see the single-family detached that are alley-loaded,meaning there are no
driveway cuts along the roadway; the homes are accessed via a back alley,which enables us to
achieve much more superior streetscapes, looking at front yard the landscaping as well as
architecture. This is a rendering here of a typical neighborhood street scene; again,we are here
seeing front yard landscaping,a vernacular of architecture of contemporary plantation, seaside
architecture and cottages. Just to further illustrate the renderings,three different architectural
vernaculars with the use of various building materials to create a fabric of textures and colors
within the neighborhood. Again, another rendering of the street scene with the traditional
roadway, curb,parkway, with canopy tree plantings in order for a much more pedestrian-friendly
neighborhood with shaded walkways, and then generous front yard setbacks for the front of the
homes.
So I'm here before you, thank you for the opportunity,to address any questions that the
Commission may have.
CHURCH: What do you say, if you did it today, what kind of price points would, what are the
size of these units and what are the price points?
CARR: There are three- and four-bedroom homes starting from 1,350 square feet to just under,
just shy of 2,000 square feet. So we are looking at about the mid-500,000.
5
DRAFT
CHURCH: Wow, so,compact units,about 500,000—
CARR: Correct.
CHURCH: it's in Residential Zoning. Would the CC&Rs prohibit any type of short term
rental?
CARR: Correct. This is a primary housing for residents. There is,CC&Rs will prohibit any
vacation rentals or transit use.
KAHOLO: Any more questions for the applicant?
CARR SMITH: Chairman, I'm just curious. Is this a roadway in the front?
CARR: Correct. Those are the—.
CARR SMITH: So it is a vehicular pass-through,but it's not going into any driveways, is that
correct?
CARR: No. What you are seeing there is front yard landscaping. The garages of these alley,
carriageway homes are very similar to a community we built in Hawai`i Kai called Peninsula.
So all of the garages are loaded off of a back alley. It enables us to achieve not only visually
superior streetscapes but it makes it much more, safer neighborhood without the driveway cuts
along the roadway that can cause the friction between cars coming out and people walking or
riding bikes within the neighborhood.
CARR SMITH: Thank you.
CARR: You're welcome.
KAHOLO: Okay. Thank you.
CARR: Thank you.
KAHOLO: Is there anyone from the audience who would like to speak on behalf,on this
applicant? None.
PATEL: If I can,real quick,Mr. Can,did you receive the Planning Department's background
and recommendation reports?
CARR: Yes, sir.
PATEL: So they are recommending an unfavorable recommendation as far as Condition V—
AUDIENCE: We can't hear you. [Mr. Patel's microphone was malfunctioning.]
6
DRAFT
PATEL: Did you hear what I just—
CARR: Yes.
PATEL: Okay, so—
CARR: It's acceptable to us.
PATEL: That's acceptable to you.
CARR: Yes, sir.
PATEL: Okay. Thank you.
CARR: Thank you.
KAHOLO: Commissioners,can I have a motion?
CHURCH: I'll make a motion, Mr. Chairman. I move that a favorable recommendation be
forwarded to the County Council on the application to amend Conditions B and J, and an
unfavorable recommendation be forwarded with respect to Condition V,of Change of Zone
Ordinance No. 04-56,REZ 1039—
KAHOLO: Commissioner Church—
NOBRIGA: I second.
KAHOLO: I'm sorry
CHURCH: —based upon the Planning Director's recommendation, findings, and proposed
conditions,which shall be adopted. Yes?
KAHOLO: I apologize.
CHURCH: Yeah.
KAHOLO: At this time I'd like to close the hearing portion of the—
SHIMAOKA: I so move.
KAHOLO: Second?
NOBRIGA: I second.
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KAHOLO: Okay,moved by Shimaoka and seconded by Barbara Nobriga. All those in favor,
say aye.
COMMISSIONERS: Aye[unanimous].
KAHOLO: Thank you. You may proceed, Mr. Church.
CHURCH: Is it my time? Okay, let's try it again. I move that a favorable recommendation be
forwarded to the County Council on the application to amend Conditions B and J, and an
unfavorable recommendation be forwarded with respect to Condition V, of Change of Zone
Ordinance No. 04-56,REZ 1039,based on the Planning Director's recommendation, findings
and proposed conditions, which shall be adopted.
NOBRIGA: I second.
KAHOLO: Motion was made by Commissioner Church,seconded by Commissioner Nobriga.
Can I have a vote on, oh,yes, is there any discussion?
CARR SMITH: Excuse me,Chairman? I was unclear. Is there a recommendation as to what
the concurrency would be? Or just that what the applicant asked for was—
KAHOLO: The only recommendation is for Condition 4 and 6—
CARR SMITH: Okay, thank you.
KAHOLO: In favor of,and Condition V unfavorable because of the request of fair share. So we
are voting on two.
JACKSON: May I ask a question,Chair? Was Commissioner Church's motion just for the
rezone, so it just addressed the rezone,to send a favorable recommendation for Conditions B and
J and an unfavorable for Condition V?
SHIMAOKA: Yeah.
JACKSON: Thank you.
CHURCH: A separate motion,okay, got it.
KAHOLO: Yes, this motion is for Condition 4 and 6 [sic] in favor of the Planning Director's
recommendation?
JACKSON: Okay, with that, I'll take the roll. Commissioner Church?
CHURCH: Aye.
JACKSON: Commissioner Nobriga?
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NOBRIGA: Aye.
JACKSON: Commissioner Can Smith?
CARR SMITH: Aye.
JACKSON: Commissioner Shimaoka?
SHIMAOKA: Aye.
JACKSON: And Chair Kaholo?
KAHOLO: Aye.
JACKSON: Okay,the motion carries, five-zero.
KAHOLO: Okay. At this time I'd like to move on to Condition V [sic]. Is there any more
discussion—
SHIMAOKA: Yeah, this is to amend SMA 441. And so I move, I move that the application to
amend Special Management Area Use Permit SMA 441,be approved based on the Planning
Director's recommendation, findings and proposed conditions, which shall be adopted.
CHURCH: Second.
KAHOLO: Any discussions? None? Staff?
JACKSON: Okay,with that, I'll take the roll. Commissioner Shimaoka?
SHIMAOKA: Aye.
JACKSON: Commissioner Church?
CHURCH: Aye.
JACKSON: Commissioner Nobriga?
NOBRIGA: Aye.
JACKSON: And, I'm sorry, Commissioner Carr Smith?
CARR SMITH: Aye.
JACKSON: And Chair Kaholo?
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KAHOLO: Aye.
JACKSON: Okay,the motion carries, five-zero.
The discussion ended at 10:26 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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