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HomeMy WebLinkAboutCOM 0029.000 2016-2018 JMtV•Of p ,. �Q ,, • Wil Okabe .. �Idip Managing Director Harry Kim ,• *:•�1�r• ,'�i. Mayor "- - •T •,•8_------------------ _`-_�.,; Barbara J.Kossow Q'•;- ••+•--: Deputy Managing Director C ott * r of 1. a�ai'i Off-kr of f >e Ainvor o 25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 • (808)961-8211 • Fax(808)961-6553 Cc) KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 rn -�-{� (808)323-4444 • Fax(808)323-4440 -u. W -‹ December 13, 2016 p -7C at — Valerie Poindexter, Council Chairwoman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairwoman Poindexter and Members: SUBJECT: Planning Director Initiated State Land Use Boundary Amendment (SLU 16-000046) Request: Agricultural to Urban Change of Zone (REZ 16-000214) Request: V-25 and A-40a to RS-5a and RS-10a Applicant: Kukuihaele Plantation House, LLC Tax Map Key: 4-8-006:003. 013 and 069 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerel , - Harry Kim Mayor Enclosures cc: Planning Department 'Zi N4 ;, S> comm.No, 2 9 Ref.To: G Ref.Date ji) ..J bl ?.b 1(p County of Hawai`i is an Equal Opportunity Provider and Employer. , o°• •••1',, • Gregory Henkel,Chair Harry Kim Mayor .i •!t;`��r:„? Myles Miyasato,Vice Chair Joseph Clarkson +.e ..�•; Donn Dela Cruz r'rE'oF'N..•'N� Donald Ikeda Raylene Moses County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 DEC 1 3 2013 Valerie Poindexter, Council Chairwoman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairwoman Poindexter and Council Members: SUBJECT: Planning Director Initiated State Land Use Boundary Amendment (SLU-16-000046) Request: Agriculture to Urban Change of Zone Application (REZ 16-000214) Request: V-25 and A-40a to RS-5a and RS-10a Applicant: Kukuihaele Plantation House, LLC Tax Map Key: 4-8-006:003, 013, and 069 The Windward Planning Commission, at its duly held public hearing on December 1, 2016, voted to recommend for your approval the proposed legislative bills to change the State Land Use district boundaries from the State Land Use Agricultural to Urban district and a Change of Zone from Resort-Hotel (V-25) and Agricultural (A-40a) to Single Family Residential (RS-5a and RS-10a). The properties are the site of the formerly proposed Trees of Kukuihaele development located within Kukuihaele and makai of the Honoka`a-Waipi`o Road (Highway 240) and the old government road at Waikoekoe and Kanahonua, Hamakua, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: State Land Use Boundary Amendment In 1994, Royal Coast Resorts Corporation and Silverlink Holdings, Ltd. applied for four State Land Use Boundary Amendments, a Change of Zone and a General Plan Amendment in order to develop the Amanresort. The General Plan Amendment was Hawai`i County is an Equal Opportunity Provider and Employer Valerie Poindexter, Council Chairwoman and Members of the County Council Page 2 withdrawn after the Planning Director determined the area to be a Retreat Resort. The proposed development would have involved approximately 98 acres of land in Kukuihaele Town, including lands both makai and mauka of the Old Government Road. The original proposal included the development of a 47-unit resort, 38 one-acre agricultural lots and 10 units of employee housing and related improvements. The existing Manager's House was proposed as a 4 suite inn. State Land Use Boundary Ordinance Nos. 94-64, 94-65, 94-66 and 94-67 were approved by the Hawai`i County Council, effective June 8, 1994, reclassifying the State Land Use Boundaries Map from Agricultural to Urban for TMK: 4-8-6: Portions of 9, 11, 43, & 44. Change of Zone Ordinance No. 94-63 was also approved by the Hawai`i County Council, effective June 8, 1994 reclassifying TMK: 4-8-006: 013, 043, and Portions of 009, 0011 and 044 from RS-15 to V-43 and A-40a to RS-7.5, RS-15, V-18, V-43, & A-la. Subsequently in September of 2000, portions of the original lands to be used for the Amanresort, more specifically lands mauka of the old government road were proposed to be developed by a new landowner, Trees of Kukuihaele (Tom Heers). The development involved TMKs: 4-8-6: 003, 013 and a portion of 044. The applicant requested a change of zone from V-43 to V-25 to develop a retreat resort with 40 detached units or hales over the approximately 32-acre site. Ordinance No. 01-22 was approved with conditions by the Hawai`i County Council, effective March 6, 2001 for the development. Additionally, based on inactivity of the Amanresort development and non- compliance of the conditions of Ordinance No. 94-63, the Planning Director initiated actions to reclassify TMK: 4-8-006: 043, and portions of 009 & 011 back to their original State Land Use Designation of Agricultural. Concurrently, the Planning Director initiated action to reclassify TMK: 4-8-006: 043, and portions of 009 & 011 from RS-15, V-18, V43 and A-1 a back to their original zoning designation of A-40a. Lastly, the conditions of Ordinance No. 94-63 were repealed since the Amanresort wasn't going to be developed. Currently, the Planning Director is initiating action to reclassify TMK: 4-8-6:003, 013 and 069 from Resort-Hotel (V-25) to a much lower density of Single-Family Residential (RS-5a and RS-l0a). This action is based on the inactivity of the Trees of Kukuihaele development and the non-compliance of the conditions of Ordinance No. 01-22. The result of the Planning Director's action will be that the subject properties Valerie Poindexter, Council Chairwoman and Members of the County Council Page 3 will not have the option of being further subdivided. Additionally, each property would be allowed one single-family dwelling and the option of having an ohana dwelling. Lastly, the conditions of Ordinance No. 01-22 will be repealed since the Trees of Kukuihaele is not going to be developed. As part of this action, the Planning Director is initiating a State Land Use Boundary amendment from Agricultural to Urban for a small portion of TMK: 4-8-006:003, which is an approximately 8,803 square-foot portion of the 7.722- acre parcel. This is mainly for housekeeping purposes as the property is currently split- zoned with a majority of the property being within in the State Land Use Urban District. Based on the above findings, approval of the Planning Director's initiated action to reclassify land from the State Land Use Agricultural to the Urban District, covered by TMK: 4-8-006: Portion of 003 would be consistent with existing surrounding lands and would be in the best interest of the general public at this time. The accompanying bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. Please note that there are no conditions attached to the draft bill. Change of Zone In 1994, Royal Coast Resorts Corporation and Silverlink Holdings, Ltd. applied for four State Land Use Boundary Amendments, a Change of Zone and a General Plan Amendment in order to develop the Amanresort. The General Plan Amendment was withdrawn after the Planning Director determined the area to be a Retreat Resort. The proposed development would have involved approximately 98 acres of land in Kukuihaele Town, including lands both makai and mauka of the Old Government Road. The original proposal included the development of a 47-unit resort, 38 one-acre agricultural lots and 10 units of employee housing and related improvements. The existing Manager's House was proposed as a 4 suite inn. State Land Use Boundary Ordinance Nos. 94-64, 94-65, 94-66 and 94-67 were approved by the Hawai`i County Council, effective June 8, 1994, reclassifying the State Land Use Boundaries Map from Agricultural to Urban for TMK: 4-8-6: Portions of 9, 11, 43, & 44. Change of Zone Ordinance No. 94-63 was also approved by the Hawai`i County Council, effective June 8, 1994 reclassifying TMK: 4-8-006: 013, 043, and Portions of 009, 0011 and 044 from RS-15 to V-43 and A-40a to RS-7.5, RS-15, V-18, V-43, & A-la. Valerie Poindexter, Council Chairwoman and Members of the County Council Page 4 Subsequently in September of 2000, portions of the original lands to be used for the Amanresort, more specifically lands mauka of the old government road were proposed to be developed by a new landowner, Trees of Kukuihaele (Tom Heers). The development involved TMKs: 4-8-6: 003, 013 and a portion of 044. The applicant requested a change of zone from V-43 to V-25 to develop a retreat resort with 40 detached units or hales over the approximately 32-acre site. Ordinance No. 01-22 was approved with conditions by the County Council, effective March 6, 2001 for the development. Additionally, based on inactivity of the Amanresort development and non- compliance of the conditions of Ordinance No. 94-63, the Planning Director initiated actions to reclassify TMK: 4-8-006: 043, and portions of 009 & 011 back to their original State Land Use Designation of Agricultural. Concurrently, the Planning Director initiated action to reclassify TMK: 4-8-006: 043, and portions of 009 & 011 from RS-15, V-18, V43 and A-1 a back to their original zoning designation of A-40a. Lastly, the conditions of Ordinance No. 94-63 were repealed since the Amanresort wasn't going to be developed. Currently, the Planning Director is initiating action to reclassify TMK: 4-8-6:003, 013 and 069 from Resort-Hotel (V-25) to a much lower density of Single-Family Residential (RS-5a and RS-10a). This action is based on the inactivity of the Trees of Kukuihaele development and the non-compliance of the conditions of Ordinance No. 01-22. The result of the Planning Director's action will be that the subject properties will not have the option of being further subdivided. Additionally, each property would be allowed one single-family dwelling and the option of having an ohana dwelling. Lastly, the conditions of Ordinance No. 01-22 will be repealed since the Trees of Kukuihaele is not going to be developed. Further, we have a letter dated March 15, 2016 from Mr. Sidney Fuke, who is the representative for the owner of the subject properties (Kukuiheale Plantation House, LLC), who is supportive of the Planning Director's initiated downzoning for the properties. Based on the above findings, a favorable recommendation of the Planning Director's initiated action to reclassify lands from Resort-Hotel (V-25) to Single-Family Residential (RS- 5a and RS-l0a) covered by TMKs: 4-8-6:003, 013 and 069 would result in an appropriate land use pattern and would be in the best interest of the general public. Valerie Poindexter, Council Chair woman and Members of the County Council Page 5 The accompanying draft bill to amend Section 25-8-15 (Hamakua District Zone Map) is provided for your favorable consideration. Please note reference in Section 3 to repeal all conditions contained within Change of Zone Ordinance No. 01-22. Further there are no proposed conditions to be attached to this draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, Powerpoint presentation and a draft transcript of the hearing for your information. Sincerely, 411 Gregory Henkel, Chair Windward Planning Commission LPDinitiatedSLU16-046REZ1 6-2 14wpc2 Enclosures cc: Sidney M. Fuke, Planning Consultant Kukuihaele Plantation House, LLC Department of Public Works Department of Water Supply DOT-Highways, Honolulu State Land Use Commission Amy Self, Esq., Corporation Counsel BPDiniitiated-Kukuihaele.jwd-11/18/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PLANNING DIRECTOR INITIATED STATE LAND USE BOUNDARY AMENDMENT (SLU 16-000046) REQUESTED ACTION: AGRICULTURAL TO URBAN CHANGE OF ZONE (REZ 16-000214) REQUESTED ACTION: V-25 AND A-40a TO RS-5a AND RS-10a TMKs: 4-8-006: 003.013 & 069 THE PLANNING DIRECTOR has initiated the following actions: a) Reclassify land from the State Land Use Agricultural to Urban District, covered by Tax Map Key 4-8-006: Portion of 003; and b) Reclassify lands from Resort-Hotel (V-25) and Agricultural (A-40a)to Single Family Residential (RS-5a&RS-10a) covered by TMKs: 4-8-006:003, 013 & 069. The properties are the site of the formerly proposed Trees of Kukuihaele development located within Kukuihaele, makai of the Honoka`a-Waipi`o Road (Highway 240) and the old government road, Waikoekoe and Kanahonua, Hamakua, Hawai`i, TMK's: 4-8-006: 003, 013 & 069. PLANNING DIRECTOR'S INITATED REQUESTED ACTIONS 1. Requested Actions: The Planning Director is initiating actions based on a written request submitted to the Planning Director by the owner of the properties. The requested actions include: a) reclassify a small portion of TMK: 4-8-006: 003 from the State Land Use Agricultural to the Urban District to be consistent with the majority of the parcel, and to b) reclassify lands from Resort-Hotel (V-25) and Agricultural (A-40a) to Single Family Residential (RS-5a& RS-10a) covered by TMKs: 4-8-006:003, 013 & 069 due to inactivity and noncompliance with conditions of Change of Zone Ordinance No. 01-22. The recommendation also proposes that conditions within Ordinance No. 01-22 be repealed. TMK: 4-8-006:003 is presently zoned V-25 and a small portion is zoned -1- A 40a; which is proposed to be reclassified to RS-5a. TMK: 4-8-006:069 is presently zoned V-25 and is proposed to be reclassified to RS-5a. Lastly, TMK: 4-8-006: 013 is presently zoned V-25, and is proposed to be reclassified to RS-10a. In essence, the Planning Director's action is to downzone these lots to accommodate the owner's request. If approved, the each property would be allowed one single-family dwelling and the option of having an ohana dwelling. Change of Zone Ordinance No. 01-22, which was previously approved by the Hawai`i County Council for the Trees of Kukuihaele development, affects the subject properties. As mentioned above, there would not be any conditions attached to the proposed ordinances as they will result in a significant downzoning for each parcel. 2. Reasons for the Request: Change of Zone Ordinance No. 01-22 was approved for the Trees of Kukuihaele development by the Hawai`i County Council in 2001, but a number of conditions have not been fulfilled including Condition C (securing and paying water commitment fees), Condition D (securing final subdivision and/or final plan approval) as well as other conditions. The new owner is not pursuing the development and the project has essentially been abandoned. The representative of the current owner of the subject properties suggested the downzoning of the properties to RS-5a and RS-10a. (Planning Department Exhibit 1 —Letter dated March 15, 2016 from Sidney Fuke With Attachments) BACKGROUND INFORMATION 3. Change of Zone Ordinance No. 94-63 (REZ 764): In 1994, Royal Coast Resorts Corporation & Silverlinks Holding Ltd. (Royal Coast) applied for a: Change of Zone from A-40a and RS-15 to V-43, V-18, A-la and RS-7.5; State Land Use Boundary Amendment from Agricultural to Urban; and a General Plan Amendment from low density urban to resort. The objective was to develop the Amanresort. The subject properties involved were TMK: 4-8-6: 013, 043, and Portions of 009, 011 and 044. The Planning Director determined that a General Plan amendment for the subject parcels was not required, as the proposed development falls within the Hamakua-Kohala Mountain Forest Reserve, which was identified as a Retreat Resort Area, in accordance with the General Plan document. The Change of Zone and State -2- Land Use Boundary Amendment applications were approved by the Hawai`i County Council, effective June 8, 1994. 4. Change of Zone Ordinance No. 01-22 (REZ 960): In September 2000, the Trees of Kukuihaele, LLC (Tom Heers) applied for a Change of Zone to reclassify TMK: 4-8-6: 3, 13 and a portion of 44 from RS-15 and V-43 to V-25. The objective was to develop 40 hales on approximately 32 acres (TMK: 4-8-6: 13 & 44). The County Council approved Change of Zone Ordinance No. 01-22 effective March 6, 2001. (Planning Department Exhibit 2 — Change of Zone Ordinance No. 01-22) 5. Change of Zone Ordinance No. 01-79 (REZ 764): The Planning Director initiated actions to 1) Reclassify TMK: 4-8-6: Portions of 9, 11 and 43 back to their original State Land Use designations of Agricultural; and 2) Reclassify TMK: 4-8-6: 43 and Portions of 9 & 11 back to their original zoning designation of A-40a due to inactivity and noncompliance with conditions of Ordinance No. 94-63. It was also proposed that the zoning designation of V-43 for TMK: 4-8-6: 13 and the Urban designation along with the RS-7.5 and V-43 zoning for TMK: 4-8-6: Portion of 44 be maintained in order to preserve the basis for Ordinance No. 01-22, which was recently approved by the County Council for the Trees of Kukuihaele development. There were no conditions attached to the proposed ordinances to reclassify the lands back to their original designations. The effective date of Change of Zone Ordinance No. 01-79 was September 24, 2001. 6. SUB 7496: Consolidation and Resubdivision of the subject properties, which was approved on December 26, 2001. The action resulted in a small portion, approximately 8,803 square feet in size, as part of TMK: 4-8-006:003 that is zoned A-40a and SLU Agricultural. The majority of the parcel is zoned V-25 and SLU Urban. (Planning Department Exhibit 3 —SUB 7496) 7. Use Permit No. 204: The Planning Commission approved Use Permit No. 205 on April 1, 2005 to World Healing Institute to allow the establishment of a children's convalescent facility on 31 acres of land situated with the Resort-Hotel 25,000 square feet (V-25) zoned district (TMKs: 4-8-006: 003, 013 & 069). The owner of the properties has requested that the Use Permit be revoked as the use of the facility has ceased operations since the end of 2011. -3- STATE AND COUNTY PLANS 8. General Plan LUPAG Map: Low Density Urban. 9. State Land Use Designation: Urban, except for a small portion of parcel 003, which is Agricultural. 10. County Zoning: Resort-Hotel (V-25), except for a small portion of parcel 003, which is A-40a. 11. Northwest Hawaii Community Development Plan: This plan was adopted by Ordinance No. 445 in 1979 and did not include Zone Guide maps for the Kukuihaele area. 12. SMA: The properties are not situated within the Special Management Area. The parcels are located over one mile from the coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 13. Subject Properties: The subject properties involve TMKs: 4-8-006: 003, 013 & 069, which are located in Kukuihaele, Hamakua and cover an area of approximately 31 acres. The properties lie between the Old Government Road and the Honokaa-Waipio Road in the vicinity of the Old Plantation Manager's House. The Old Plantation Manager's House and guest house are located on TMK: 4-8-006:013 and the Social Hall building is located on TMK: 4-8-006:003. 14. Surrounding Zoning/Land Uses: Surrounding zoning consists of RS-15 properties immediately to the north and to the west with larger A-40a properties further north and further west consisting of agricultural uses and vacant land. To the east is the Tiger Camp zoned RS-7.5 consisting of single family residences. To the south are larger A-40a properties consisting of agricultural uses and vacant land. Also in the vicinity is the old social hall, post office, the Roman Catholic Church, Kukuihaele Park and the Kukuihaele Cemetery. The subject properties are a little over one mile from the Waipio Valley lookout and approximately 6.4 miles from Honoka`a Town. 15. U.S.D.A. Soil Type: The soils within the project area is Paauhau silty clay loams, 6%-12% slopes. 16. Land Study Bureau: "Existing Urban Development." 17. ALISH: Mainly"Existing Urban Development, except for parcel 069, which is "Other." -4- 18. FIRM: Zone X(area outside of the 500-year flood plain). PUBLIC FACILITIES AND SERVICES 19. Access: The subject properties are accessed from the Old Government Road, which is maintained by the County and is approximately 21 feet wide. 20. Water: Extensive on and off-site improvements would have been required to accommodate the previous Trees of Kukuihaele development and the existing conditions of Ordinance No. 01-22. The Department of Water Supply(DWS) commented that it can confirm that there are three (3) existing service laterals installed to serve the subject parcels. Each service lateral is capable of accommodating one (1) 5/8-inch meter for each parcel, which is limited to an average daily usage of 400 gallons and suitable for only one (1) single-family dwelling. DWS has started construction of the Kapulena Well Development, Phase 2 project. The project consists of constructing the Kapulena Well and 0.30-MG Reservoir, including construction of waterlines,booster pump station modifications, and a control/chlorination building. Upon completion of the Kapulena Well Development, Phase 2 project, the water availability in this area is anticipated to be limited to one (1) unit of water, or one (1) 5/8-inch meter, per pre- existing lot of record. 21. Sewage Disposal: There are no existing municipal sewage systems in the area. Individual wastewater systems are approved by the Department of Health for sewage disposal. 22. Protective Services: Police and fire protection is provided from the Honoka`a town stations approximately seven (7) miles from the development site. AGENCIES' COMMENTS 23. Department of Public Works: (Planning Department Exhibit 4 —October 31, 2016 Memo) 24. Department of Water Supply: (Planning Department Exhibit 5—October 13, 2016 Memo) 25. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 6—October 21 & 24, 2016 Letters) 26. Department of Health: (Planning Department Exhibit 7—October 13, 2016 Memo) -5- AGENCIES -- NO RESPONSE 27. Department of Land and Natural Resources-State Historic Preservation Division, Department of Public Works-Building Division, Waipio Community Circle and Kukuihaele Neighborhood Association PUBLIC COMMENTS 28. The Department has not received any written comments or objections from the general public or adjacent landowners. -6- . 7 SidneyFuke, Planning Consultant ;, i� 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 ••Planning•Variance•Zoning •Subdivision•Land Use Permits t�„ Telephone:(808)969-1522•Cell:(808)989-0640 E-mail:sidfuke@hawaiiantel.net I c, r t 1. 23 •Environmental Reports ii .. � rt J' March 15, 2016 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Planning Director-Initiated Revocation Request Ordinance 01-22 (REZ 960) and Use Permit(USE 05-002) Kukuihaele,Hamakua,III,TMK: 4-8-06: 3, 13, & 69 Your records will shows that there are two significant land use entitlements associated with the subject parcels. These entitlements and descriptions are: a. Rezoning Ordinance 01-22,which became effective on March 6,2001. This ordinance rezoned the subject parcels into the resort V-25. The rezoning was designed to enable the then landowner to develop a small 40-room inn called"Trees of Kukuihaele", a project that was abandoned. Said approval was subject to a number of conditions,many of which were time sensitive and never fulfilled or addressed. These included,for example, securing and paying the appropriate water commitment fee(Condition C); securing final subdivision and/or plan approval(Condition D); and other conditions leading up to securing either final subdivision or plan approval. Although that project never materialized, one of the more significant conditions relating to the enlargement of the existing residential lots at"Tiger Camp"was fulfilled. As noted earlier,however,most if not all of the remaining conditions were never implemented. . b. Use Permit No. 05-002, which was approved by the Planning Commission on April 1, 2005. In early 2005 that subject properties were conveyed to the current landowner,Kukuihaele Plantation House, LLC("KPH"). KPH then authorized World Healing Institute to apply for a Use Permit for a children's convalescent center on the subject properties. The facility was intended to provide holistic healing programs for up to ten(10)children in a residential environment. The facility,in essence, would have been somewhat comparable to a"Ronald McDonald"home. Planning Dewy. Exhibit_1 MAR t ops 10426U. — / T3 Mr. Duane Kanuha,Director March 15, 2016 Page 2 The center ceased its operation at the end of 2011. It was then used as a residence with several foster children until the end of 2013. The dwelling has since been vacant,with minor renovation work done during that period. KPH has no plans to utilize the property in accordance with the existing ordinance or Use Permit and instead wishes to have them used as three(3) large residential lots. The existing entitlements with their conditions,however,complicate how those properties can be used, as well as have an effect on the real property tax rate. The last condition of Ordinance 01-22 states that"Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. "Inasmuch as the conditions have not been and will probably not be substantially complied with,KPH respectfully requests your taking steps to initiate the: a. Revocation of Use Permit No. 05-002; b. Rezoning of TMK: 4-8-006: 003 and 069 into the RS-5a district and TMK: 4-8- 006: 013 into the RS-l0a district; and concurrently, c. Revocation of Ordinance 01-22. The subject properties currently have three(3)water meters. The Department of Water Supply's water availability policy applicable to this site limits only one (1)water meter per existing lot of record. Hence,the suggested RS-5a and RS-l0a zoning for the appropriate parcels would eliminate the prospects of any of them from being further subdivided,thus fulfilling the Zoning Code's concurrency requirement. On behalf of the landowner—who has also agreed to this revocation and downzoning action as evidenced by the attached letter—we respectfully request your taking the appropriate revocation and downzoning actions. Should you have questions on this matter, please feel free to direct them to me. Thank you very much! Sincerely, y‘A 1)N11\ SIDNEY . FUKE Planning Consultant Enclosure Copy—Ms. Alletta Bell, Kukuihaile Plantation,LLC TO WHOM IT MAY CONCERN: I am the managing member of Kukuihale Plantation House LLC ("KPH"), owner of properties identified by TMK: (3) 4-8-006: 003, 013. and 069. Said properties are covered by Rezoning Ordinance 01-22 and Use Permit 05-002. Please be informed KPH has no intention of implementing the plans covered by those land use entitlements. Accordingly, it has no objections to their revocation and/or nullification. ;//atd-)ALLETTA BELL, Managing Member (Date) Kukuihaele Plantation House LLC COUNTY OF HAW a TATE OF HAWAII 4,4:$°t r" BILL NO. 16 (Draft 4) Q 1. 22 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP), ARTICLE 8,CHAPTER 25(ZONING CODE)OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15)AND RESORT-HOTEL(V-43)TO RESORT-HOTEL(V-25)AT WAIKOEKOE AND KANAHONUA,HAMAKUA, HAWAII,COVERED BY TAX MAP KEY 4-8-6.3, 13, AND PORTION OF 44 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1. Section 25-8-15,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 Waikoekoe and Kanahonua,Hamakua,Hawaii, shall be Resort-Hotel(V-25) Parcel 1 Beginning at a point at the northeast corner of this parcel of land being also the northwest corner of R P 6703 and R.P. 6709,L C. Aw. 7877 Ap.2 to Kaheenalu and on the southerly side of Government Main Road the coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU MAW NORTH"being 7,223 13 feet North and 1,856 97 feet East and Running by azimuths measured clockwise from true South. l 5° 00' 778.36 feet along R P 6703 and R.P 6709,L.0 Aw. 7877 Ap. 2 to Kaheenalu and along remainder of L C Aw. 8559-B Ap.2 to Wm C.Lunahlo, (Certificate of Boundary No 33)to a point at the northerly side of Honokaa-Waipio Road (Project No 240 A-01-71), Planning Dep. Exhibit 2 2 88° 34' 30" 23.52 feet along the northerly side of Honokaa- Waipio Road(Project No 240 A-01-71), 3 358° 34' 30" 40.00 feet along a jog in the Honokaa-Waipio Road(Project No 240 A-01-71); 4 88° 34' 30" 35 00 feet along the northerly side of Honokaa- Waipio Road (Project No 240 A-01-71); 5 88° 34' 30" 35 00 feet along the northerly side of Honokaa- Waipto Road(Project No 240 A-01-71), 6 178° 34' 30" 30 00 feet along a jog in the Honokaa-Waipio Road (Project No 240 A-01-71). 7 88° 34' 30" 100 00 feet along the northerly side of Honokaa- Watpto Road(Project No 240 A-01-71); 8. 358° 34' 30" 20.00 feet along a jog in the Honokaa-Watpto Road(Project No 240 A-01-71), 9 88° 34' 30" 105 00 feet along the northerly side of Honokaa- Waipio Road(Project No 240 A-01-71); 10. 88° 34' 30" 45 00 feet along the northerly side of Honokaa- Watpto Road(Project No 240 A-01-71), 11 88° 34' 30" 15 00 feet along the northerly side of Honokaa- Waipio Road(Project No. 240 A-01-71), 12 88° 34' 30" 45.00 feet along the northerly side of Honokaa- Waipio Road(Project No 240 A-01-71), 13 88° 34' 30" 147 12 feet along the northerly side of Honokaa- Waipio Road (Project No 240 A-01-71), 14 197° 30' 129.49 feet along remainder of L C Aw 11216 Ap 50 to M Kekauonohi(Certificate of Boundaries No 33), 15 94° 43' 30" 875 84 feet along remainder of L C Aw 11216 Ap. 50 to M Kekauonohi (Certificate of Boundaries No 33), -2- 16 191° 23' 503 63 feet along remainder of L.C. Aw 11216 Ap.50 to M.Kekauonohi(Certificate of Boundaries No.33), 17 191° 38' 166 66 feet along remainder of L C Aw 11216 Ap. 50 to M Kekauonohi (Certificate of Boundaries No. 33)to a point at the southerly side of Government Main Road; 18. 269° 56' 732.83 feet along the southerly side of Government Main Road, 19 264° 40' 280 20 feet along the southerly side of Government Main Road, 20 278° 03' 248.01 feet along the southerly side of Government Main Road, 21 292° 48' 66 28 feet along the southerly side of Government Main Road to the point of beginning and containing an area of 23.585 Acres Parcel 2 Beginning at a point at the northwest corner of this parcel of land being also the northeast corner of Lot 2b and on the southerly side of Government Main Road the coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU MAW NORTH"being 7,223.13 feet North and 1,856.97 feet East and running by azimuths measured clockwise from true South 1 292° 48' 471 33 feet along the southerly side of Government Main Road; 2 356° 10' 587 61 feet along portion of L.0 Aw. 8559-B Ap 2 to Wm C Lunalilo; 3 91° 30' 540 00 feet along portion of L.0 Aw 8559-B Ap 2 to Wm C Lunalilo; 4 185° 00' 757.69 feet along portion of L.C. Aw 8559-B Ap. 2 to Wm. C. Lunalilo to the point of beginning and containing an area of 7.529 Acres -3- All as shown on the map attached hereto,marked Exhibit"A" and by reference made a part hereof. SECTION 2 This change in district classification is conditioned upon the following. (A) The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval (B) Water for the proposed development shall meet with the approval of the Department of Water Supply. The required water system shall be implemented prior to receipt of final subdivision approval or occupancy permit for the proposed units (C) The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its"Water Commitment Guidelines Policy" within ninety (90)days from the effective date of this ordinance. (D) Final Subdivision and/or Plan Approval shall be secured within five(5)years from the effective date of this change of zone Plans shall delineate a 50-foot wide future roadway between the Honokaa-Waipio Highway and the old government road as well as a 10-foot wide strip for no-vehicular access planting screen easement along the property's frontage bordering the Honokaa-Waipio Highway,except at the approved access point(s). A 10-foot future road widening setback along the properties fronting the old government road shall be shown on all plans,meeting with the approval of the Department of Public Works Said area shall be dedicated to the County upon its request. (E) Aside from routine maintenance purposes.any removal of the existing stand of eucalyptus,jack fruit,and banyan trees shall be subject to the submittal and acceptance of a detailed landscaping plan by the Planning Director -4- (F) The access driveway(s) from the Honokaa-Waipio Road for the project site shall be constructed in a manner meeting with the approval of the Department of Transportation (G) No new access for the subject development shall be allowed from the old government road. (H) If required,a drainage study shall be conducted to determine the type of drainage improvements that would be required given the topography of the area,the existing drainage system,and the amount of water generated by all portions of the proposed development. The study shall be reviewed and approved by the Department of Public Works. Drainage improvements shall be constructed meeting with the requirements of the Department of Public Works prior to the issuance of final subdivision and/or plan approval of the subject properties; (I) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for Final Subdivision and/or Plan Approval (J) A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works,whichever is applicable (K) An archaeological clearance letter for the subject properties shall be secured from the Department of Land and Natural Resources—Historic Preservation Division prior to the start of any land clearing activities (L) Should any unidentified sites or remains such as artifacts, shell,bone,or charcoal -5- deposits, human burials,rock or coral alignments,pavings or walls be encountered,work in the immediate area shall cease and the(DLNR-HPD)shall be immediately notified Subsequent work shall proceed upon an archaeological clearance from the(DLNR-HPD)when the(DLNR-HPD) finds that sufficient mitigative measures have been taken. (M) Comply with all applicable laws, rules,regulations and requirements, including those of the Department of Health, Department of Transportation, Fire and Department of Water Supply. (N) To ensure that the Goals and Policies of the Recreational Element of the General Plan is implemented.the applicant shall work with the community to ensure that the old social hail(TMK 4-8-06 3) is made available for community use at little or no cost, subject to certain terms and/or restrictions relating to hours of use and type of beverage (0) To ensure that the Goals and Policies of the Housing Element and the Resort requirements of the General Plan are implemented,the applicant shall formulate a Housing Plan meeting with the requirements of Chapter 11,Article 1, Hawaii County Code relating to Affordable Housing Policy. This Housing Plan shall also address Employee Housing needs and shall be submitted to the Office of Housing and Community Development and the Planning Department and be approved by the County Housing Agency prior to Final Plan Approval (P) A fob training program for operating the Trees of Kukuihaele Resort shall be developed and submitted to the Department of Civil Service and the Planning Department prior to securing Final Plan Approval for any portion of the development -6- (Q) As represented by the applicant and in Change of Zone Ordinance No.94-63, lands behind the Tiger Camp(TMK: 4-8-06 Portions of 44),shall be consolidated and resubdivided and deeded to the respective lot owners within two(2)years from the effective date of this ordinance This requirement shall be credited against Condition N (R) The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads,parks and recreation, fire,and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of units proposed by the amounts allocated hereinbelow for each such unit and shall become due and payable prior to the issuance of the building permit for any portion of the proposed development The fair share contribution, in a form of cash, land. facilities or any combination thereof.acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $8,666.89 per unit. Based upon the applicant's representation of intent to develop up to forty(40) units,the indicated total of fair share contribution is$346,675.60. However,the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition R. The fair share contribution shall be allocated as follows 1 $2,113 70 per unit for an indicated total of$84,548.00 to the County to support park and recreational improvements and facilities, 2 $95 73 per unit for an indicated total of$3,829.20 to the County to support fire facilities, 3 $46 80 per unit for an indicated total of$1,872.00 to the County to support solid waste facilities; and 4. $6,410 66 per unit for an indicated total of$256,426.40 to the State or County to support road and traffic improvements -7- The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contnbute improvements/facilities related to parks and recreation, fire, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director The cost of providing and constructing the improvements required in Conditions D, and F shall be credited against the sum specified in Condition R (4) for road and traffic Improvements For purposes of administering Condition R, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies Should any other permitted uses, other than resort, be developed on the subject property, the fair share contribution shall be adjusted accordingly Upon approval of the fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements. (S) No more than forty(40)units shall be developed on the 32 14 acres of land. (T) Plans for the renovation of the plantation manager's house shall be submitted to the Department of Land and Natural Resources, Historic Preservation Division, for review and approval in accordance with Section 6E-14, Hawaii Revised Statutes, prior to commencement of any construction,alteration or other -8- improvement to the plantation manager's house (U) Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees,conditions included herein shall be credited toward the requirements of the Unified Impact Fees Ordinance (V) An annual progress report shall be submitted to the Planning Department prior to the anniversary date of the approval of this change of zone The report shall address in detail the status of the development(including number of units constructed)and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Department acknowledges that further reports are not required (W) An initial extension of time for the performance of conditions within the ordinance, may be granted by the Planning Director upon the following circumstances. (1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant,successors or assigns, and that is 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 -9- (4) The time extension granted shall be for a period not to exceed the period originally granted for performance(i e,a condition to be performed within one year may be extended for up to one additional year) (5) Should the applicant require an additional extension of time,the Planning Director shall submit the applicant's request to the County Council for appropriate action Should any of the conditions not be met or substantially complied with in a timely fashion,the Director may initiate rezoning of the area to its original or more appropriate designation SECTION 3 The conditions contained in SECTION 3 of Ordinance No 94-63 shall not apply to properties covered by this ordinance SECTION 4 In the event that any portion of this ordinance is declared invalid,such invalidity shall not affect the other parts of this ordinance SECTION 5 This ordinance shall take effect upon its approval INTRODUCE II BY f/C0INCIL MEMBER,COUNTY •F HAWAII Hilo,Hawaii Date of Introduction February 5. 2001 Date of 1st Reading February 5, 2001 Date of 2nd Reading February 22, 2001 Effective Date: March 6, 2001 REFERENCE, Comm. 59_4 APPROVED AS TO FORM AND LEGALITY CORPORA O UNSEL DATED Or -10- A 10. 0 n z S a NS \O _. p ,wS O\Q A 4 0. v l a I— vui �Sv . 40. `�ifi l a ii A 40. 7,223 13 N A •: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii (DRAFT 4 ) ROLL CALL VdrE AYES „ i> S ABS EX Introduced By: Bobby Jean Lexthead-Todd (B/R) Arakata I • Date Introduced - February 5, 2001 Chung X First Reading February 5, 2001 Elanonoff r X • Published February 14 6 20, 2001 Jacobson X Leithead-Todd X REAL-IRKS Pisicchio X Safank X Tyler X Yagong X 0 Second Reading February 22, 2001 _ ROLL CALL VOTE To Mayor February 26, 2fln 1 AYES NOES ABS EX Returned March 7. 2001 Arakaki X Effective March 6, 2001 Chung X • Published March 15, 2001 Elanonoff X • Jacobson X RE11ARKS Letthead-Todd X Pisicchio X Safank X Tiler X Yagong X • 6. 2 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above APPROVED AS TO FORM AND LEGALITY: ,11111111111111111* ,, to I- •/ DEPUTY PO N COUNSEL COUNTY OF HAWAII CO CIL CIWIRAL4•V` Date 0y3-'7/0/ 'VT) CLERK �1 ppraly -Di%approved thus IP day of 1111f -ch . 20QI /c_' Bill No 16 (Draft 4) MAYOR, COUNTY OFHAWAII Reference C-59/PC-7 Ord No at 22 i J ' , F , C mZ. 1 M/ oys 7 N N ' m 76 m > r I/ CP la is i (:),70, 1 1 L ^n 4 In : , J �� is1:21 F--------- '. I. i o Z x o` O G 8gi. i p 4Fi al ppi � $1 ti , 4¢ a �Q d 81,4 !3 oxrn �• �m I S) g I T ��.� }� a m C V /. i m &� �iS8 gf o �w C O• .. Jf N �� r c i,703 -o '4Iy 1 IN J Q I , z N > 7700 m O 4. fin f=m co% .O3] • i 1-,-.)-- Ts i. ., J,1 _. trT., ® � � s LL 9 v/ I I4D 73 7 I . iii y c, lig y/ / ‹~ 8 ty ® Rn46ao0 qi C. r Rtp9s1 o $ �r qQ tiji.! g ' o uosNO fl —Q�f �� pW� ngR� b �• - --- x � p 8 �— to INV M tomIv Q°.z 1(4,,, 1 0 4 �oZ Q - :•«„_ �� t: b o C2.,07 _g,) °w tE R Q m asn m s f m aa _ TRUE NORTH 41-.1‹ 0 Scab.Ih•200ft, •G�9� ��g< * 0y ?O 5 1 1i16Nl'l 1 P8 DEPARTMENT OF PUBLIC WORKS_„ COUNTY OF HAWAII HILO, HAWAII DATE: October 31, 2016 Wiefftendadafft TO: Duane Kanuha, Planning Director FROM:ArivDepartment of Public Works, Engineering Division p SUBJECT: PLANNING DIRECTOR INITIATED State Land Use Boundary Amendment (SLU 16-000046) Request: Ag to Urban Change of Zone Application (REZ 16-000214) Request: V-25 and A-40a to RS-10a and RS-5a Landowner: Kukuihaele Plantation House, LLC Tax Map Keys: 4-8-06: 003, 013, & 069 We have reviewed the subject requests forwarded by your memo dated October 3, 2016 and have no comments or objections. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. NOV - 2 2016 Exhibit__ B 1 336 o'OF WATER S 19 49 • )" DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ao3�° 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 OF HAWP',0°o` TELEPHONE (808) 961-8050 • FAX (808) 961-8657 October 13, 2016 TO: Mr. Duane Kanuha, Director --1 Planning Department = FROM: Keith K. Okamoto, Manager—Chief Engineer 3 SUBJECT: State Land Use Boundary Amendment(SLU 16-000046) - Request—Ag to Urban —. Change of Zone Application (REZ 16-000214) - =-i Request—V-25 and A-40a to RS-10a and RS-5a Landowner—Kukuihaele Plantation House,LLC Tax Map Key 4-8-006:003,013 and 069 We have reviewed the subject application and have the following comments. The Department can confirm that there are three(3)existing service laterals installed to serve the subject parcels. Each service lateral is capable of accommodating one (1) 5/8-inch meter for each parcel, which is limited to an average daily usage of 400 gallons and suitable for only one (1) single-family dwelling. Please be informed that the Department has started construction of the Kapulena Well Development, Phase 2 project. The project consists of constructing the Kapulena Well and 0.30-MG Reservoir, including construction of waterlines, booster pump station modifications, and a control/chorination building. Upon completion of the Kapulena Well Development, Phase 2, project, the water availability in this area is anticipated to be limited to one (1)unit of water, or one (1) 5/8-inch meter, per pre-existing lot of record. Therefore,the Department's existing water system facilities cannot support any additional water to the subject parcels. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, 11•01/444446k Planning Daps Keith K. Okamoto, P.E. Exhibit—SC-- Manager—Chief Engineer TS:dfg . . . Water, Our 914ost Precious Resource . . . Ka Wai A ?sane . . OCT 17 2016 The Department of Water Supply is an Equal Opportunity provider and employer. # , 10 8 0 6 d • DAVID Y.IGC ".4E OY M.94.. SUZANNE D.CASE GOVERNOR OF HAWAII :0-,..r;0959 tiq T /� .2 CHAIRPERSON yi � .' ,�.,y r r' I r") ! f"7 fi BOARD®F'bf11VD AND NATUR.al.RESOURCES ••t ; 15 L; ) . - COMMISSION ON NATER RESOURCE J V.I ,, By,a i : ' ' '}- MANAGEMENT of`andandNo lzis 13i �V i s ' NIT4.111-111, v , 71� ,„ M ¢Q4.:..rtn. .",,7 .J✓ STATE OF HAWAII State ofHa'+la° DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU.HAWAII 96R09 October 21, 2016 County of Hawaii Planning Depaitinent Attention: Mr. Jeff Darrow via email: jdarrow(aico.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 • Dear Mr. Darrow: SUBJECT: State Land Use Boundary Amendment (SLU 16-000046); Request: Ag to Urban; Change of Zone Application(REZ 16-000214) Request: V-25 and A-40a to RS-10a and RS-5a 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 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 cc: Central Files Planninge ,. SCANNED ExPi:ait OCI 63118, 6 -- Pay; -- 5 1 DAVID Y.ICE ''4 .'O F^.yq SUZANNE D.CASE GOVERNOR OF HAWAII �4 P''� X959 `9� CHAIRPERSON /y;' _ :ftit_ t-t BOARD OF LAND AND NATURAL RESOURCES t j COMMISSION ON NATER RESOURCE (! c i1�- i MANAGEMENT `oE`andandNdt� t i:4ii�i.--&i 'oI c �ai Alt t.s4: ,ry 1 / c ,:�IIS �41 m `` ¢::' ®45''-': att�?.°�p, STATE OF HAWAII State oly-tyt t DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOT.IIT.IL HAWATT 96109 1,-+ CM, _ r' Cr' i October 5 2016 zD rp Ca Fri - c> MEMORANDUM :t 9 TO: DLNR Agencies: =-9 Div. of Aquatic Resources Div. of Boating&Ocean Recreation Vi,=-.-;w '� X Engineering Division p.,- ,ry= _� `'_, -rL, Div. of Forestry&Wildlife E-.-–o — c-= LD C3 rr Div. of State Parks - , ; — _Commission on Water Resource Management L., �„' Office of Conservation& Coastal Lands ,o �c X Land Division–Hawaii District v- `" X Historic Preservation FROM: t ell Y. Tsuji, Land Adminisator SUBJECT: ate Land Use Boundary Amendment (SLU 16-000046); Request: Ag to Urban; Change of Zone Application (REZ 16-000214) Request: V-25 and A-40a to RS-10a and RS-5a LOCATION: Kukuihaele, Hamakua, Island of Hawaii; TMK: (3) 4-8-06: 3, 13, &69 APPLICANT: Kukuihaele Plantation House, LLC Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by October 20, 2016. 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: it/i4trz, Print Name: Wesley T. Matsunaga for Gordon C. Heit, Date: DC 1 1 116 District Land Agent cc: Central Files DAVIDYIGE .............. _`• - ' " � SUZANNEAS E GOVERNOR OF HAWAII 9711 )1',T 711 - T1 ? CHAIRPERSON °.P - — BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE ,y B rF—TJ,r Ij t =�IT MANAGEMENT and ar �t l �ytI o P'c`� `a/� 1rG `rill_. .f i J O ,11 t 1i � �'Q'�_I:uy.�rk7;rGwa,•• 71, STATE OF HAWAII 'trate oFHavfdDEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU.HAWAII 96809 { October 24, 2016 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: jdarrow@co.hawaii.hi.us 101 Pauahi Street, Suite 3 • Hilo,Hawaii 96720 Dear Mr. Darrow: SUBJECT: State Land Use Boundary Amendment (SLU 16-000046); Request: Ag to Urban; Change of Zone Application (REZ 16-000214) Request: V-25 and A-40a to RS-10a and RS-5a Thank you for the opportunity to review and comment on the subject matter. In addition to the comments previously sent you on October 21, 2016, enclosed are comments from the Engineering Division 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) cc: Central Files SCANNED OCT ? R2016 DAVID Y.IGE •'A 'q h,; SUZANNE D.CASE kk Aro.' 0.59 ...,:-.7-: CHAIRPERSON GOVERNOROFHAWAn •�:' -e �, �l! ..:, gi iA. BOARD OF LAND AND NATURAL.RESOURCES �y •: COMMISSION ON WATER RESOURCE i, ,13,,' i MANAGEMENT d and it I of�� Nares ;�, I t�A, IIrJ , ;' ) me ` ,, �7`+ • i r s�r' -.6 : �`..", .'oma, _, 0.. 1�` gip' CD L_' STATE OF HAWAII St5teofHa'1( DEPARTMENT OF LAND AND NATURAL RESOURCES —3 LAND DIVISION ' I- I--- POST OFFICE BOX 621 H.;_ HONOT.IITIJ.HAWAII 96809 (.7 October 5, 2016 al, rri MEMORANDUM ' T DLNR Agencies: _Div. of Aquatic Resources Div. of Boating&Ocean Recreation X Engineering Division _ —Div. of Forestry&Wildlife -. r, o :>. Div. of State Parks _ r _Commission on Water Resource Management r-r-, N o r _Office of Conservation & Coastal Lands , -4 X Land Division–Hawaii District ••`' - ' Gc!' i'. =,X Historic Preservation :c c F M: .15' ell Y. Tsuji, Land Adminis ator L•. SUBJECT: ate Land Use Boundary Amendment (SLU 16-000046); Request: Ag to Urban; Change of Zone Application(REZ 16-000214) Request: V-25 and A-40a to RS-10a and RS-5a LOCATION: Kulcuihaele, Hamalcua, Island of Hawaii;TMK: (3)4-8-06: 3, 13, & 69 APPLICANT: Kukuihaele Plantation House, LLC Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by October 20, 2016. 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 a 9 attached. Signed: — ." , „gig I j Print Name: Carty C 1n., Chief Engineer { Date: OCT 1 3 2016 cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION To: Land Division Ref: State Land Use Boundary Amendment(SLU 16-000046); Request: Ag to Urban; Change of Zone Application(REZ) 16-000214 COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations(44CFR), are in effect when development falls within a designated Flood Hazard. The owner or the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map(FIRM), which can be accessed through the Flood Hazard Assessment Tool (FHAT)(http://gis.hawaiinfip.org/FHAT). National Flood Insurance Program establishes the rules and regulations of the NFIP -Title 44 of the Code of Federal Regulations (44CFR). The NFIP Zone X is a designation where there is no perceived flood impact. Therefore, the NFIP does not regulate any development within a Zone X designation. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808)768-8098, I o Hawaii Island: County of Hawaii, Department of Public Works(808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning(808)270-7253. o Kauai: County of Kauai, Department of Public Works (808)241-4846, Signed: CART ycH G CHIEF ENGINEER Date: OCT 1 3 16 • DAVID Y.IGE o VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII CIT ••"' ,4 DIRECTOR OF HEALTH 9 59 •may ,. {{ 1 I ++ }.` • IT STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: October 13, 2016 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda ej,1 District Environmental Health Program Chief SUBJECT: Planning Director Initiated State Land Use Boundary Amendment (SLU-16-000046) Request: Ag to Urban Change of Zone Application (REZ-16-000214) Request: V-25 and A-40a to RS-10a and RS-5a Land Owner: Kukuihaele Plantation House, LLC TMK: 4-8-006:003, 013 & 069 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on October 6, 2016. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance * Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], * A Section 401 Water quality Certification (WQC) is required if your Planning Dept. project/activity: Exhibit. Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and M..... ., .. xT..._T May result in a discharge into State waters. The term "discharge" is) S, defined in Clean Water Act, Subsections 502(16), 502(12), and 5026):" OCT 172016 If ,; 108056" \kA r.. *), worn ` /o°Er`'nE t Kanuha j . October 13, 2016 O Page2of4 e • - A ` d\ xamples of"discharge" include, but are not limited to, allowing the (N 1 following pollutants to enter State waters from the surface or in-water: csolid waste, rock/sand/dirt, heat, sewage, construction debris, any • OCT 17 2016 underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, ft biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. ® c Determine if your project/activity requires a federal permit, license, certificate, ,.._._, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of •�•�� Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/cwb/. • National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and f Duane Kanuha October 13, 2016 Page 3 of 4 submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://health.hawaii.gov/curb/. • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: ww\N.hawaii.gov/doh/pollutedrunoffcontrol. If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWB, at(808) 586-4309. Duane Kanuha October 13, 2016 Page 4 of 4 Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The NEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. REZ-16-000214.eh RPDinit-KukuihaeleS LU.j wd-11/18/16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PLANNING DIRECTOR INITIATED: STATE LAND USE BOUNDARY AMENDMENT FROM THE STATE LAND USE AGRICULTURAL TO URBAN DISTRICT (SLU 16-000046) TMKs: 4-8-006: Portion of 003 Upon careful review of the request, the Planning Director recommends that a favorable recommendation of this initiated action to reclassify the subject land to the Urban District be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter the recommendation. This favorable recommendation is based on the following findings: In 1994,Royal Coast Resorts Corporation and Silverlink Holdings, Ltd. applied for four State Land Use Boundary Amendments, a Change of Zone and a General Plan Amendment in order to develop the Amanresort. The General Plan Amendment was withdrawn after the Planning Director determined the area to be a Retreat Resort. The proposed development would have involved approximately 98 acres of land in Kukuihaele Town, including lands both makai and mauka of the Old Government Road. The original proposal included the development of a 47-unit resort, 38 one-acre agricultural lots and 10 units of employee housing and related improvements. The existing Manager's House was proposed as a 4 suite inn. State Land Use Boundary Ordinance Nos. 94-64, 94-65, 94-66 and 94-67 were approved by the Hawai`i County Council, effective June 8, 1994, reclassifying the State Land Use Boundaries Map from Agricultural to Urban for TMK: 4-8-6: Portions of 9, 11, 43, &44. Change of Zone Ordinance No. 94-63 was also approved by the Hawai`i County Council, effective June 8, 1994 reclassifying TMK: 4-8-006: 013, 043, and Portions of 009, 0011 and 044 from RS-15 to V-43 and A-40a to RS-7.5, RS-15, V-18, V-43, & A-1 a. Subsequently in September of 2000, portions of the original lands to be used for the Amanresort, more specifically lands mauka of the old government road were proposed to be developed by a new landowner, Trees of Kukuihaele (Tom Heers). The 1 development involved TMKs: 4-8-6: 003, 013 and a portion of 044. The applicant requested a change of zone from V-43 to V-25 to develop a retreat resort with 40 detached units or hales over the approximately 32-acre site. Ordinance No. 01-22 was approved with conditions by the Hawaii County Council, effective March 6, 2001 for the development. Additionally,based on inactivity of the Amanresort development and non- compliance of the conditions of Ordinance No. 94-63, the Planning Director initiated actions to reclassify TMK: 4-8-006: 043, and portions of 009 & 011 back to their original State Land Use Designation of Agricultural. Concurrently, the Planning Director initiated action to reclassify TMK: 4-8-006: 043, and portions of 009 &011 from RS-15, V-18, V43 and A-la back to their original zoning designation of A-40a. Lastly, the conditions of Ordinance No. 94-63 were repealed since the Amanresort wasn't going to be developed. Currently, the Planning Director is initiating action to reclassify TMK: 4-8-6:003, 013 and 069 from Resort-Hotel (V-25)to a much lower density of Single-Family Residential (RS-5a and RS-10a). This action is based on the inactivity of the Trees of Kukuihaele development and the non-compliance of the conditions of Ordinance No. 01-22. The result of the Planning Director's action will be that the subject properties will not have the option of being further subdivided. Additionally, each property would be allowed one single-family dwelling and the option of having an ohana dwelling. Lastly, the conditions of Ordinance No. 01-22 will be repealed since the Trees of Kukuihaele is not going to be developed. As part of this action, the Planning Director is initiating a State Land Use Boundary amendment from Agricultural to Urban for a small portion of TMK: 4-8-006:003, which is an approximately 8,803 square-foot portion of the 7.722- acre parcel. This is mainly for housekeeping purposes as the property is currently split- zoned with a majority of the property being within in the State Land Use Urban District. 2 Based on the above findings, approval of the Planning Director's initiated action to reclassify land from the State Land Use Agricultural to the Urban District,covered by TMK: 4-8-006: Portion of 003 would be consistent with existing surrounding lands and would be in the best interest of the general public at this time. The accompanying bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. Please note that there are no conditions attached to the draft bill. 3 • +`Y Os N,i 1'74 COUNTY OF HAWAII ;• ,�'. •�' STATE OF HAWAII • _.) BILL NO. ORDINANCE NO. 00/00/06 Darr: AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KUKUIHAELE, WAIKOEKOE, HAMAKUA, HAWAI`I (TAX MAP KEY: 4-8-006:003). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Map for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kukuihaele, Waikoekoe, Hamakua, Hawai`i, shall be Urban: Beginning at the southwest corner of this parcel of land, and on the north side of Honoka`a-Waipi`o Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU MAUU NORTH" being 6,447.74 feet North and 1,789.12 feet East and running by azimuths measured clockwise from True South: 1. 185° 00' 21.50 feet along Lot 1; 2. 271° 30' 30" 539.88 feet; 3. 356° 10' 13.75 feet along Lot 3; 4. 88° 34' 30" 235.68 feet along the north side of Honoka`a- Waipi`o Road; 5. 178° 34' 30" 20.00 feet along the north side of Honoka`a- Waipi`o Road; 6. 88° 34' 30" 306.48 feet along the north side of Honoka`a- Waipi`o Road to the point of beginning and containing an area of 8,803 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof SECTION 2. This change in district classification is conditioned upon the following: A. INSERT CONDITIONS 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- GRICULTURAL I I I I URIAN AGRICULT RAL I I AGRICULTURAL I I URBAN ULTURAL URBAN URBAi\I KUKUIHAELE RD 'BAN ' UR BA AGRICUL- TURAL URBAN URBAN URBAN URBAN AGRICULTURAL • HONOKA'A-WAIPI'O RD f , I 6,447,74'N 1,7891Z E "PU'U MAU'U NORTH" PORTION TMK:(3)4.8-008:003 AGRICULTURAL TO URBAN 8,803 SQUARE FEET AGRICULTURAL AGRICULTURAL N Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KUKUIHAELE, WAIKOEKOE, HAMAKUA, HAWAII MAP PREPARED BY: TMK:(3)4-8-006:por.of 3 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:August 11,2016 EXHIBIT "A" Planning Director Initiated Map 16-194 RPDinit-KukuihaeleREZ.jwd-I 1/18/16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PLANNING DIRECTOR INITIATED: CHANGE OF ZONE FROM RESORT-HOTEL (V-25) AND AGRICULTURAL (A-40a) TO SINGLE FAMILY RESIDENTIAL (RS-5a & RS-10a) (REZ 16-000214) TMKs: 4-8-006: 003, 013 & 069 Upon careful review of the request, the Planning Director recommends that the Planning Commission forward a favorable recommendation of this initiated action to reclassify lands to Single-Family Residential (RS-5a and RS-10a) to the Hawai`i County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter the recommendation. This favorable recommendation is based on the following findings: In 1994, Royal Coast Resorts Corporation and Silverlink Holdings, Ltd. applied for four State Land Use Boundary Amendments, a Change of Zone and a General Plan Amendment in order to develop the Amanresort. The General Plan Amendment was withdrawn after the Planning Director determined the area to be a Retreat Resort. The proposed development would have involved approximately 98 acres of land in Kukuihaele Town, including lands both makai and mauka of the Old Government Road. The original proposal included the development of a 47-unit resort, 38 one-acre agricultural lots and 10 units of employee housing and related improvements. The existing Manager's House was proposed as a 4 suite inn. State Land Use Boundary Ordinance Nos. 94-64, 94-65, 94-66 and 94-67 were approved by the Hawai`i County Council, effective June 8, 1994, reclassifying the State Land Use Boundaries Map from Agricultural to Urban for TMK: 4-8-6: Portions of 9, 11, 43, & 44. Change of Zone Ordinance No. 94-63 was also approved by the Hawai`i County Council, effective June 8, 1994 reclassifying TMK: 4-8-006: 013, 043, and Portions of 009, 0011 and 044 from RS-15 to V-43 and A-40a to RS-7.5, RS-15, V-18, V-43, & A-la. Subsequently in September of 2000, portions of the original lands to be used for the Amanresort, more specifically lands mauka of the old government road were 1 proposed to be developed by a new landowner, Trees of Kukuihaele (Tom Heers). The development involved TMKs: 4-8-6: 003, 013 and a portion of 044. The applicant requested a change of zone from V-43 to V-25 to develop a retreat resort with 40 detached units or hales over the approximately 32-acre site. Ordinance No. 01-22 was approved with conditions by the County Council, effective March 6, 2001 for the development. Additionally,based on inactivity of the Amanresort development and non- compliance of the conditions of Ordinance No. 94-63, the Planning Director initiated actions to reclassify TMK: 4-8-006: 043, and portions of 009 & 011 back to their original State Land Use Designation of Agricultural. Concurrently, the Planning Director initiated action to reclassify TMK: 4-8-006: 043, and portions of 009 & 011 from RS-15, V-18, V43 and A-1 a back to their original zoning designation of A-40a. Lastly, the conditions of Ordinance No. 94-63 were repealed since the Amanresort wasn't going to be developed. Currently, the Planning Director is initiating action to reclassify TMK: 4-8-6:003, 013 and 069 from Resort-Hotel (V-25) to a much lower density of Single-Family Residential (RS-5a and RS-l0a). This action is based on the inactivity of the Trees of Kukuihaele development and the non-compliance of the conditions of Ordinance No. 01-22. The result of the Planning Director's action will be that the subject properties will not have the option of being further subdivided. Additionally, each property would be allowed one single-family dwelling and the option of having an ohana dwelling. Lastly, the conditions of Ordinance No. 01-22 will be repealed since the Trees of Kukuihaele is not going to be developed. Further, we have a letter dated March 15, 2016 from Mr. Sidney Fuke, who is the representative for the owner of the subject properties (Kukuiheale Plantation House, LLC), who is supportive of the Planning Director's initiated downzoning for the properties. 2 Based on the above findings, a favorable recommendation of the Planning Director's initiated action to reclassify lands from Resort-Hotel (V-25) to Single-Family Residential (RS-5a and RS-l0a) covered by TMKs: 4-8-6:003, 013 and 069 would result in an appropriate land use pattern and would be in the best interest of the general public. The accompanying draft bill to amend Section 25-8-15 (Hamakua District Zone Map) is provided for your favorable consideration. Please note reference in Section 3 to repeal all conditions contained within Change of Zone Ordinance No. 01-22. Further there are no proposed conditions to be attached to this draft bill. 3 .-opMwoF hti, COUNTY OF HAWAII •i,N' %1• STATE OF HAWAII BILL NO. ORDINANCE NO. c )kJ(D De* AN ORDINANCE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL—25,000 SQUARE FEET (V-25) AND AGRICULTURAL—FORTY ACRES (A-40a) TO SINGLE FAMILY RESIDENTIAL—TEN ACRES (RS-10a) AND SINGLE FAMILY RESIDENTIAL—FIVE ACRES (RS-5a) AT KUKUIHAELE, WAIKOEKOE, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY: 4-8-006:003, 4-8- 006:013 AND 4-8-006:069. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-15, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kukuihaele, Waikoekoe, Hamakua, Hawai`i, shall be Single Family Residential — 10 acres (RS-10a) and Single Family Residential— 5 acres (RS-5a): LOT A Beginning at the northeast corner of this parcel of land, and on the south side of Government Main Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU MAUU NORTH" being 7,272.23 feet North and 2,323.29 feet East and running by azimuths measured clockwise from True South: 1. 0° 30' 131.70 feet along Lot 1; 2. 13° 00' 530.00 feet along Lot 1; 3. 17° 30' 101.27 feet along Lot 1; -1- 4. 94° 43' 30" 875.84 feet along Lot A-1; 5. 191° 23' 503.63 feet along Lot B-1; 6. 191° 38' 166.66 feet along Lot B-1; 7. 270° 41' 641.76 feet along the south side of Government Main Road; 8. 264° 40' 250.05 feet along the south side of Government Main Road to the point of beginning and containing an area of 14.356 acres. LOT 1 Beginning at the southwest corner of this parcel of land, and on the north side of Honoka`a- Waipi`o Road, the coordinates of said point of beginning referred to Government Survey Triangulation "PUU MAUU NORTH" being 6,404.05 feet North and 1,239.40 feet East and running by azimuths measured clockwise from True South: 1. 197° 30' 230.76 feet along Lots A-1 and A; 2. 193° 00' 530.00 feet along Lot A; 3. 180° 30' 131.70 feet along Lot A; 4. 264° 40' 121.65 feet along the south side of Government Main Road; 5. 278° 03' 248.01 feet along the south side of Government Main Road; 6. 292° 48' 66.28 feet along the south side of Government Main Road; 7. 5° 00' 778.36 feet along Lot 2; Thence along the north side of Honoka`a-Waipi`o Road for the next seven (7) courses, the direct azimuths and distances between points being: -2- 8. 88° 34' 30" 23.52 feet; 9. 358° 34' 30" 40.00 feet; 10. 88° 34' 30" 70.00 feet; 11. 178° 34' 30" 30.00 feet; 12. 88° 34' 30" 100.00 feet; 13. 358° 34' 30" 20.00 feet; 14. 88° 34' 30" 357.12 feet to the point of beginning and containing an area of 9,159 acres. PORTION OF LOT 2 Beginning at the southwest corner of this parcel of land, and on the north side of Honoka`a-Waipi`o Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU MAUU NORTH" being 6,469.16 feet North and 1,790.99 feet East and running by azimuths measured clockwise from True South: 1. 185° 00' 756.86 feet along Lot l; 2. 292° 48' 471.33 feet along the north side of Government Main Road; 3. 356° 10' 586.85 feet along Lot 3; 4. 91° 30' 30" 539.88 feet to the point of beginning and containing an area of 7.520 acres. PORTION OF LOT 2 Beginning at the southwest corner of this parcel of land, and on the north side of Honoka`a-Waipi`o Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU MAUU NORTH" being 6,447.74 feet North and 1,789.12 feet East and running by azimuths measured clockwise from True South: 1. 185° 00' 21.50 feet along Lot 1; 2. 271° 30' 30" 539.88 feet; -3- 3. 356° 10' 13.75 feet along Lot 3; 4. 88° 34' 30" 235.68 feet along the north side of Honoka`a-Waipi`o Road; 5. 178° 34' 30" 20.00 feet along the north side of Honoka`a-Waipi`o Road; 6. 88° 34' 30" 306.48 feet along the north side of Honoka`a-Waipi`o Road to the point of beginning and containing an area of 8,803 square feet. 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, Hawai`i County Code 1983 (2016 Edition, as amended), 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. SECTION 3. All conditions contained in Section 2 of Ordinance No. 01-22 shall be repealed. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -5- A-40a A-40a A-40a A-40a PORTION LOT 2 RESORT-HOTEL-25,000 SQUARE FEET(V-25)TO SINGLE FAMILY RESIDENTIAL-FIVE ACRES(RS-5a) 7.520 ACRES R5-15 A-40a ar in! R5-15 7,272.23' R5-15 N I 1 i VIOO I.29'E R5-15 "440 MAU'U NORTH' eillpr 111 R5-15 I 1I R5-15 I 1 I 1 irI 1 I A-40a I II I R5-7, • I 1 1 I I ' 7.5 • I • I I I •:-7. • I I I , I I I I 1 A-40a A-40a . . . . — 1.—^ 6,4 ' ,404.05'N I,7969.160.99'EN HONOKA'A-WAIPI'O RD 1,239.40'E "PU'uMAU'UNORTH" i..., "PU'U MAU'U NORTH" I 6,44774'N 1,769.12'E LOT A "PU'U MAU'U NORTH" PORTION LOT 2 RESORT-HOTEL-25,000 SQUARE FEET(V-25)TO7 AGRICULTURAL-FORTY ACRES(A-40a)TO SINGLE FAMILY RESIDENTIAL-TEN ACRES(RS-10a) SINGLE FAMILY RESIDENTIAL-FIVE ACRES(RS-5a) 14.356 ACRES 8,803 SQUARE FEET LOT 1 RESORT-HOTEL-26000 SQUARE FEET(V-25)TO SINGLE FAMILY RESIDENTIAL-FIVE ACRES(RS-5a) A-40a 9.159 ACRES A-40a �J 1� / Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL - 25,000 SQUARE FEET (V-25) AND AGRICULTURAL - FORTY ACRES (A-40a) TO SINGLE FAMILY RESIDENTIAL -TEN ACRES (RS-10a) AND SINGLE FAMILY RESIDENTIAL - FIVE ACRES (RS-5a) AT KUKUIHAELE, WAIKOEKOE, HAMAKUA, HAWAII TMK:(3)4-8-006:003 MAP PREPARED BY: 4-8-006:013 COUNTY OF HAWAII, PLANNING DEPARTMENT 4-8-006:069 DATE: November 1,2016 EXHIBIT "A" Planning Director Initiated Mao: 1384 g), W g 4 © A — az ct W I A 4 ie P4 W 4 x4" o oN �, g:4,13, A ,© N C w o H 5 �C.) 4 c: o � aw Pcz . 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', ter+....V.,/ , x ,.-7........,ss.ops+ K iii l.2> lir. ,.7�'Op.G/ kr,"t \ \ Dei 7' 6r` a (w ) ( >a� to aa � -- � .. `"-'"`sem �si,e ' t. .IO®� t- .2 4,0404,04" ! .1?,,,,.-. � ."-..),0e...,0/,,,� �� ; ( .'"."4/4"4'`A.'"."4/4"4'`A)'.rii t , aywW' dy\`�.. - , `. �\\ 4 �r9Pao= � .tney taR +5ID �' arw H 1111011111111.W� _ „' f WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT DECEMBER 1, 2016 A regularly advertised hearing on the Planning Director Initiated State Land Use Boundary Amendment (SLU 16-046) and Change of Zone (REZ 16-214) was called to order at 9:16 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Joseph Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, and Raylene Moses. ABSENT & EXCUSED: Myles Miyasato. ALSO PRESENT: Duane Kanuha (Planning Director), Malia Ho (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley(Commission Secretary). And 10 members from the public in attendance. INITIATOR: PLANNING DIRECTOR State Land Use District boundary amendment (SLU 16-046) and Change of Zone (REZ 16- 214) comprising the following actions: a) Reclassify lands from the State Land Use Agricultural to Urban District, covered by Tax Map Key 4-8-006: Portion of 003; and b) Reclassify lands from Resort-Hotel (V-25) and Agricultural (A-40a) to Single-Family Residential (RS-5a& RS-10a) covered by TMKs: 4-8-006:003, 013 & 069. The properties are the site of the formerly proposed Trees of Kukuihaele development located within Kukuihaele and makai of the Honoka`a-Waipi`o Road (Highway 240) and the Old Government Road at Waikoekoe and Kanahonua, Hamakua, Hawaii. HENKEL: We can move onto three then. Is everybody good to go? DARROW: Thank you, again, Mr. Chairman. If I can direct your attention to our presentation. As mentioned, this one—this request is connected with the properties that were a part of our previous request. The Planning Director is initiating a State Land Use Boundary Amendment as well as a Change of Zone for the subject properties. Again, for reference, we have Honokaea in this general area which is east of the subject property. Waipi`o Valley would be just west of the subject property. We have Honoka`a-Waipi`o Highway, and that runs just mauka of the subject properties. This is a closer view identifying the County zoning of the area as well as the roadways in the general area. 1 For reference, we have the Honoka`a-Waipi`o Highway that runs just mauka of the subject properties, and we have the Old Government Road that runs makai. Main access to the subject properties, which are identified with a black outline, is from Old Government Road. There are some driveway accesses off the highway,but they appear just to be to, to access the back portions of the lot. The main accesses are from the Government Road. As mentioned previously, the properties are zoned Resort-Hotel—25,000 square feet. This is our State Land Use Boundary Map. This identifies the State Land Use designations in the area. The green represents Agricultural. The purple or pink represents Urban, and the blue represents Conservation. The subject properties are identified as Urban. This is our General Plan Land Use Pattern Allocation Guide Map for the area. The subject properties are identified as Low Density Urban which is the mustard colored areas. This is an aerial photo. Again, for reference, we have the Honoka`a-Waipi`o Valley [sic] Highway and the Old Government Road. We have Tiger Mill Camp, and we have the subject properties identified with a black outline. Currently, there is the Old Manager's Plantation House located on the larger parcel, and the social hall that is located on the eastern property. This structure is apparently no longer there. The Planning Director is initiating a State Land Use Boundary Amendment from Agricultural to Urban for Tax Map Key 4-8-006:portion of 003. This is the one that is most eastern, and we'll show you what that entails shortly. As well as a Change of Zone from Resort-Hotel, V-25, and Agricultural, Ag-40 acre, to Single-Family Residential RS-5 acre and RS-10 acre. Two properties will be RS-5 acre, and one property will be RS-10 acre. This will give a clearer indication of what the proposed request entails. This is our State Land Use Boundary change map. The portion that we're looking at to change from State Land Use Ag to Urban is this small 8,000-square foot sliver that's on a portion of parcel 3. Previously, this parcel came over and was a part of this parcel, and when they subdivided it, this particular sliver was placed into this property, and that was not taken care of as far as the State Land Use zoning as well as the change, the County zoning. So, additionally, for the Change of Zone, we have that small Ag-40 portion of 8,000 square feet that will be changed to RS-5 acre for this parcel, and this parcel will change from Resort-Hotel to RS-5 acre. And, this property will change to RS-10 acre. As mentioned previously by the Applicant's representative, the reason for the request is Department of Water Supply has indicated there is only one meter of water available for each identified parcels. The reason for the RS-10 acre versus the RS-5 acre is that this parcel is approximately 14 acres. This would have not, by going RS-10 acre, it would not allow a subsequent subdivision. These parcels are under ten acres so by going RS-5 acre, again, it would not allow these to subsequently subdivide. 2 The reasons for the action,just to give some background on this, previously in this particular area, there was a—back in the nineties, there was a project called the Aman Resort, and there was quite a number of changes that occurred to the zoning—as County zoning, State Land Use zoning in the area to be able to allow that project to go forward. In early 2000's, it was apparent that, that project was not going to go forward, so a new owner came forward for the subject properties, Tom Heers, who was representing Trees of Kukuihaele. He requested that that particular, those three parcels, remain in Resort-Hotel to do a project called Trees of Kukuihaele. That project did not also go forward so currently, these three properties are encumbered by this ordinance that has very strict conditions that the Applicant cannot comply with; mainly, being able to supply the needed water, County water, to the properties. There are other conditions that because of that, they could not comply with as well. But, back to our presentation. The Change of Zone Ordinance 01-22 was approved for the Trees of Kukuihaele development by the Hawaii County Council in 2001,but a number of the conditions have not been fulfilled including Condition C, securing and paying water commitment fees; Condition D, securing either final subdivision or final plan approval, as well as other conditions. The new owner is not pursuing the proposed development, and the project has essentially been abandoned. There is only one water meter available for each of the three parcels. The representative of the current owner of the subject properties suggested the downzoning of the properties to RS-5 acre and RS-10 acre. Here are some site photos of the area. This is on the eastern portion of the Old Government Road as you're coming off the highway travelling towards the subject properties or travelling west. So, this is the Old Government Road. This is the social hall that is on parcel 3. This is the Old Government Road with the access. I believe this access is on the middle parcel, but it provides access to the parcel on the west end that has the Old Manager's Plantation House. This is a photo of the larger property that has the Manager's Plantation House, and this is a closer view of that historic structure. This is a photo of looking east towards Honoka`a on Highway, Honoka`a-Waipio Highway, with the subject properties on the left side. The Planning Director is recommending that the Commission forward a favorable recommendation to the Hawaii County Council for both the State Land Use Boundary Amendment and the Change of Zone request. Just for your information, because of the fact that this is being downzoned to such a low density, the Planning Director, as part of the ordinance, is repealing Ordinance 01-22 as well as the conditions that were attached to that so they would no longer be encumbered on these properties. With that, that concludes our presentation. If there are any questions, I'm more than happy to answer them. Thank you. 3 HENKEL: Thank you, Jeffrey. Are there any questions from the Commission to staff? Then, would the Applicant or representative come forward again? For the record, I'm going to swear you in again for this agenda item. Do you swear to tell the truth in this matter before the Commission? FUKE: Yes, I do. HENKEL: Thank you, Mr. Fuke. FUKE: Again, the staffs report is comprehensive as always, and this is a request that the Applicant made of the Planning Director, and the Planning Director has found fit to initiate the downzoning and obviously the Applicant has, or the landowner has no objections to the proposed downzoning of her properties. Thank you. HENKEL: Are there any questions for Mr. Fuke? Thank you. I see no one is signed up to testify on this matter. Is there anyone in the audience that would like to sign up at this time? Then, I will, would look for a motion to close testimony. DELA CRUZ: Motion to close public testimony. IKEDA: Second. HENKEL: It's been moved and seconded. All in favor, say"aye." COMMISSIONERS: Aye. HENKEL: Opposed? Public testimony is closed. Is there a motion for action and discussion? Oh, I've got to point out also that we're going to be taking action on the two items independently, the boundary amendment and then the Change of Zone, so let's do the boundary amendment first, the SLU 16-46. IKEDA: I'll make the motion. Mr. Chairman, I move that a favorable recommendation be forwarded to the County Council to amend State Land Use District Boundary SLU 16-046 and for a Change of Zone, Docket No. REZ 16-214 based on the Planning Director's recommendation and findings which shall be adopted. MOSES: Second. HENKEL: It's been moved by Commissioner Ikeda; seconded by Commissioner Moses. Is there any discussion on the matter. If not, Mr. Darrow will take a— DARROW: Thank you, Mr. Chairman. If it's ok with you, we'll just take one roll call that will apply to both. Thank you. With that, we'll take the roll call. Commissioner Ikeda? IKEDA: Aye. 4 DARROW: Commissioner Moses? MOSES: Aye. DARROW: Commissioner Clarkson? CLARKSON: Aye. DARROW: Commissioner Dela Cruz? DELA CRUZ: Aye. DARROW: And Mr. Chairman. HENKEL: Aye. DARROW: The motions pass five to zero. HENKEL: Thank you. You'll be notified in writing of the Commission's decision. The discussion ended at 9:29 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 5