HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2021-006) RKaupulchuREZ Jma.11.5.21
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
KA`UPULEHU LAND LLC
CHANGE OF ZONE APPLICATION (PL-REZ-2021-000006)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone requests be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Planning Director reserves the right to modify and/or
alter this position based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from an Agricultural-5 acre
(A-5a) zoning district to a Neighborhood Commercial-10,000 square feet(CN-10) and
Single-Family Residential-10,000 square feet(RS-10) zoning district for 5.349 acres of
land. The CN-10 and the RS-10 zoning districts,both with a minimum lot size of 10,000
square feet, would allow a maximum density of twenty-three (23) lots. If the requested
land use entitlement changes are approved, the applicants propose to subdivide the
property into a total of nine (9) lots, with a minimum size of 10,000 square feet each,
consisting of three (3) commercial lots fronting Mamalahoa Highway and six (6)
residential lots for the development of single-family residences and `ohana dwellings
south of the commercial development. The commercial lots are anticipated to have three
(3) 1 and 2-story mixed retail and commercial/office buildings, having a gross leasable
floor area of approximately 18,600 square feet. According to the applicant, a subdivision
application would be filed approximately six (6) months after all land use entitlements
approvals have been secured. The applicant would like to begin construction within six
(6) months after issuance of all permitting approvals. Full build out of the proposed
Project is anticipated to be 2025. The estimated cost of improvements would be about
$500,000 for the site work, paving,utilities, etc. and driveway related improvements
necessary to serve the lots.
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In order to consider an area for any type of zoning designation, the applicable
goals, policies, and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from an Agricultural-5 acre (A-5a) zoning
district to a Neighborhood Commercial-10,000 square feet (CN-10) and Single-
Family Residential-10,000 square feet(RS-10)zoning district conforms to applicable
goals, policies and standards of the General Plan. The subject, 5.349-acre property is
trapezoidal in shape, is fairly level with 0 to 3 percent slopes, and is currently improved
with two (2) farm dwellings built in 1927 and 1928. The remainder of the property had
been previously utilized for commercial truck crop farming for several decades. The
property is currently covered with various grasses and is intermittently used for cattle
grazing. The Lanimaumau Stream runs through the southern portion of the subject parcel.
The parcels immediately to the east,west, and south of the subject property are
similarly zoned Agricultural 5-Acres (A-5a). Across Mamalahoa Highway to the north,
parcels are zoned Single-Family Residential (RS-10),Neighborhood Commercial (CN-
10), and Village Commercial (CV-7.5 and CV-20). The surrounding area includes a mix
of agricultural, commercial and residential uses. There are several types of commercial
business operating within 500 feet of the subject property including two restaurants and a
gas station.
The RS (Single-Family Residential) zoning district provides for lower or low and
medium density residential use, for urban and suburban family life. It applies to areas
having adequate facilities to carry out the above stated purpose. According to the Zoning
Code, the Neighborhood Commercial (CN) zoning district applies to strategically located
centers suitable for commercial activities which shall be of such size and shape as will
accommodate a compact shopping center which supplies goods and services to a
residential or working population on a frequent need or convenience basis. This district is
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distinguished from a central commercial district which provides general business and
broad services to a city or region.
The Land Use Pattern Allocation Guide (LUPAG)Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The proposed CN-10 and RS-10 zoning
conforms to the LUPAG Map which designates the subject property as divided in two,
with approximately half of the parcel designated as Medium Density Urban (MDU) and
the other half designated as Low Density Urban (LDU). Medium Density Urban allows
for village and neighborhood commercial and single family and multiple family
residential and related functions. Residential density may be up to 35 units per acre in
multiple family residential developments. Low Density Urban allows for residential uses,
with ancillary community and public uses. It also allows for neighborhood and
convenience-type commercial uses. The overall residential density may be up to six units
per acre. Based on the preceding, proposed CN-10 and RS-10 zoning would effectuate an
increase in density that would be consistent with the MDU and LDU LUPAG
designations.
In addition, the proposed CN-10 and RS-10 zoning is consistent with the
following Land Use goals, policies, and standards of the General Plan:
■ Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
■ Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
■ Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability ofpublic services and utilities, access, and public need.
■ Designate and allocate single-family residential zoned lands at varying densities
for future use in accordance with the needs of the communities and the stated
goals,policies, and standards.
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The northern half of the property is located in an area designated for urban uses
and the southern half of the property is located on the "Waimea Conceptual Plan" in an
area designated for the"Small Farms and Ranches Preservation Program."The SKCDP
envisions the development of an action program to acquire critical open space areas in
east Waimea within this area. According to the SKCDP, the small farm and ranch lots in
East Waimea are visually important to maintain the rural and paniolo character of
Waimea. The SKCDP indicates that time will be needed to implement a number of
important open space preservation tools and programs, and that while these tools and
programs are being put into place,private lands that are currently zoned A-5a, A-1Oa, A-
20a, or A-40a should retain their current zoning. Exceptions can be made for affordable
housing, agricultural cluster subdivisions, and small-scale rezonings of 4 lots or less that
may assist families in allowing their children to obtain individual properties. The CDP
also recommends reducing the General Plan low density urban designated areas in
Waimea town. However,the subject property holds the General Plan LUPAG
designations of Low Density Urban (LDU) and Medium Density Urban (MDU), both of
which allow for a mix of residential and commercial type uses, as is proposed for the
subject project. The establishment of commercial type uses on the subject parcel would
not be expanding the existing commercial center for Waimea town as there are several
existing commercial operations on commercially-zoned property further east beyond the
subject site. Additionally, properties 800 feet to the east on both sides of Mamalahoa
Highway are designated Urban by the State Land Use Commission.
All essential utilities and services are available to the site. Mamalahoa
Highway is currently striped with a two-way left turn lane in the median of the road along
the frontage of the subject property. The existing dwellings on the subject site are
currently accessed via Ishihara Farm Road, a private road over an approximately fifty
(50) foot wide combined easement right-of-way. The subject property was allowed the
ability to utilize nonexclusive access easements over and across Easements "5" and "6"
and a non-exclusive utility easement over and across Easement"9", as granted by the
Declaration of Easements dated May 11, 2005. The applicant is proposing three (3)
driveway accesses to the project site. Two access points will be from Mamalahoa
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Highway and are intended to service the three (3)proposed commercial lots. The two (2)
proposed driveways will connect to a circulatory roadway within the property fronting
Mamalahoa Highway. The six (6)residential lots will be accessed via a driveway
connection to Ishihara Farm Road, a private roadway over an approximately fifty (50)
foot wide combined easement right-of-way as well as interior access easements. The
commercial properties will not have vehicular access via Ishihara Farm Road. The
subject property is encumbered with a 10-foot-wide "No Vehicular Access & Planting
Screen" easement along its entire Mamalahoa Highway frontage, thus direct access to the
highway is currently prohibited. The applicant has consulted with the Planning Director
and Director of Public Works to gauge support in removal of the easement, and they have
indicated their support of the request. Thus,the applicant intends to formally request the
removal of the restriction during the subdivision process for the property. Based on the
proposed zoning, the Department of Public Works (DPW) recommends that the applicant
provide improvements to the subject property's Mamalahoa Highway frontage consisting
of, but not limited to,pavement widening with concrete curb, gutter and sidewalk,
drainage improvements, signs and markings, streetlights, and any relocation of utilities,
meeting the requirements of the Americans with Disabilities Act and the approval of the
Department of Public Works. DPW also recommended that the applicant install
streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase,
and installation of such devices. Roadway improvements shall be located within the
future road widening setback established by the Planning Department. Mamalahoa
Highway is a County arterial roadway with an approximate 40-foot-wide pavement
within a 50-foot right-of-way in this area. According to the General Plan, Mamalahoa
Highway is designated as a secondary arterial road and thus shall be improved to the
required standard with an 80-foot right-of-way, which will require the applicant to
provide a 15-foot-wide future road widening setback along the property's entire
Mamalahoa Highway frontage.
A Traffic Impact Analysis Report(TIAR) was conducted for the project in
February 2018 and updated in November 2020 by Traffic Management Consultant
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(TMC) (see Exhibit 6 of application). The updated TIAR was designed to update and
evaluate traffic count data to establish existing traffic conditions, develop trip generation
characteristics, analyze traffic impact on Mdmalahoa Highway from two proposed access
driveways, Ishihara Farm Road and at adjacent intersections in the project area
(Waikelehua Place, Keaka Kea Place and Earl's Pa`auilo Store Driveway) and to provide
mitigation recommendations to impacts identified in the study. The analysis of existing
traffic conditions found that all of the studied intersections operated at an acceptable
Level of Service (LOS) between LOS "A" and LOS "C". The TIAR assumes full build
out and occupancy of the project by 2025, at which time it is expected to generate net
totals of 33 vehicle trips per hour(vph) and 47 vph, during the AM and PM peak hours of
traffic,respectively. The net AM and PM peak hour trips generated by the proposed
project are not expected to exceed the fifty (50) vehicles per hour trip generation
threshold established by the Concurrency Requirements of the Zoning Code. In 2025,the
LOS is expected to degrade at most of the intersections, but will still be no worse than
LOS "D." Based on the findings,the TIAR recommends the following traffic mitigation
measures: 1) The median taper on the left-turn lane on eastbound Mdmalahoa Highway at
Keaka Kea Place should be restriped to extend the two-way, left-turn lane from Earl's
Pa`auilo Store Driveway to the beginning of the left-turn lane at Keaka Kea Place; 2)
Minimum 100-foot spacings should be provided between the intersections on Mdmalahoa
Highway at Waikelehua Place, the west and center driveways, and Earl's Pa`auilo Store
Driveway/Ishihara Farm Road; 3) A minimum of 25 feet distance should be provided
between the edge of the circulatory road and the future widening of the travel way on
Mdmalahoa Highway; and 4) A traffic signal warrant analysis should be considered at the
Mdmalahoa Highway intersections at Waikelehua Place and at Keaka Kea Place by the
Year 2040. The Planning Director supports adding a condition of approval that requires
the recommended traffic mitigation measures from the TIAR to be completed prior to
final plan approval for any use in the CN-zoned area, since the proposed commercial
development will have the most impact on traffic conditions.
According to the Department of Water Supply (DWS), water for the proposed
project can be made available from an existing 12-inch waterline within Mdmalahoa
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Highway. The applicant secured a water commitment for the proposed development in
the amount of 8,000 gallons/day until July 31, 2024. DWS requires the applicant to
construct necessary water system improvements, including, but not limited to the
installation of service laterals that will accommodate the appropriately sized meters to
front each lot, installation of a reduced pressure type backflow prevention assembly
within five (5)feet of the meter on private property, as well as relocation and adjustment
of the department's affected water system facilities (should it be necessary). Finally, prior
to obtaining final subdivision approval, the applicant will be required to maintain valid
water commitments for the proposed subdivision as well as remit facilities charge
payments and submit documents conveying the improvements and necessary easements
to the Water Board of the County of Hawaii. DWS also indicated that the 12-inch
waterline within Mdmalahoa Highway is adequate to provide the required 2,000-gallons
per minute of flow for fire protection.
As there is no municipal sewer system in the area,wastewater will be served by
Individual Wastewater Systems (IWS)meeting the approval of the State Department of
Health (DOH). All other essential utilities are available to the property. Police and fire
services are available within three (3)miles of the site in Waimea.
There are no severe geological or topographical problems for the property
that cannot be properly rectified, or which would render the land unusable.
According to the Federal Emergency Management Agency the subject property contains
several flood zone designations including Zone "X", "XS", "AO", "AE", and "AEF".
Zone "X"is determined to be an "Area of Minimal Flood Hazard", and it is not known to
be prone to flooding. Zone "XS"is determined to be areas at 0.2% annual chance flood;
areas of I% annual chance of flooding with average depths of less than 1 foot or with
drainage areas less than 1 square mile; and areas protected by levees from 1% annual
chance flood. Zone "AO" is determined to be areas with flood depths of 1 to 3 feet
(usually sheet flow on sloping terrain); average depths determined. Zone "AE"is
determined to be the base floodplain where base flood elevations are provided. Zone
"AEF" is determined to be floodway areas in Zone AE. The floodway is the channel of
stream plus any adjacent floodplain areas that must be kept free of encroachment so that
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the 1% annual chance flood can be carried without increasing the BFE. The topography
of the project site is fairly level with slight slopes from 0 to 3 percent. A condition of
approval will require that the Applicant comply with the County flood code when
developing the property. Additionally, a condition of approval will be added to require
that all development generated runoff will be disposed of on site and not directed toward
any adjacent properties. All earthwork activity, including grading, grubbing and
stockpiling, will conform to Chapter 10, Erosion and Sedimentation Control, of the
Hawaii County Code. Thus, the reclassification meets this criteria.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located over eight
(8) miles from the nearest shoreline, is not situated within the Special Management Area
and will not be impacted by coastal hazard and beach erosion. There are no identified
recreational resources or public access to the shoreline or mountain areas, scenic and
open space preserves, coastal ecosystems, marine resources, historic resources in the
area. Thus,the proposed request and use of the property will not adversely impact those
resources.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights.In view of the Hawaii State Supreme Court's "PASH"
and"Ka Pa`akai O Ka Aina"decisions, the issue relative to native Hawaiian gathering
and fishing rights must be addressed in terms of the cultural, historical, and natural
resources and the associated traditional and customary practices of the site.
The Department of Land and Natural Resources, Division of Forestry and
Wildlife (DOFAW), provided comments to address the impact of the proposed project on
endangered or threatened flora and fauna, specifically the Hawaiian Hawk(`Io), the
Blackburn Sphinx Moth, Hawaiian hoary bats, Hawaiian goose (Nene), and seabirds.
Additionally, DOFAW provided comments regarding the spread of Rapid `Ohi`a Death
and the spread of invasive plant species. Conditions of approval will be included to
address the recommendations provided by DOFAW.
No archaeological inventory survey was conducted for the project area. By letter,
DLNR-State Historic Preservation Division (SHPD) indicated that no historic properties
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have been documented nearby and that the potential to impact significant historic
properties is unlikely due to prior extensive land alteration associated with modern small
farming. SHPD also indicated that the subject property is outside the area known to
contain segments of the Waimea Field System which comprises significant agricultural
features. As such, SHPD stated no objections to the proposed Change of Zone and
accompanying State Land Use Boundary Amendment.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use, prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permit, compliance with the Fire Code, installation of improvements required by
the American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the preceding findings,the request to rezone the property from an
Agricultural-5 acre (A-5a)zoning district to a Neighborhood Commercial-10,000 square
feet (CN-10) and Single-Family Residential-10,000 square feet(RS-10) zoning district
would result in an appropriate land use pattern that would further benefit the general
public.
The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Pu`ukapu Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
MsV Of N
COUNTY OF HAWAII STATE OF HAWAII
�OF•K�.I�
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO—PU`UKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-10) AND SINGLE
FAMILY RESIDENTIAL (RS-10) AT PU`UKAPU, WAIMEA, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY: 6-4-024:027.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Section 25-8-11, Article 8, Chapter 25 (Zoning) of the Hawaii 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 Pu`ukapu, Waimea,
South Kohala, Hawaii, shall be Neighborhood Commercial (CN-10) and Single Family
Residential (RS-10):
PARCEL A
Beginning at the Northwest corner of this parcel of land, being also the Northeast
corner of Parcel 28, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "WEST BASE"being 238.81 feet South and 2,276.20 feet
East, and thence running by azimuths measured clockwise from True South:
1. 250° 21' 321.25 feet along Southeasterly side of
Mamalahoa Highway;
2. Thence along Lot I I-A-2, on a curve to the right with a radius of 25.00 feet, the
chord azimuth and distance being:
289° 44' 31.73 feet;
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3. 329° 07' 220.84 feet along same;
4. 59° 07' 170.00 feet along the remainder of Lot 11-
A-1;
5. 329° 07' 62.00 feet along same;
6. 59° 07' 67.84 feet along same;
7. 70° 21' 99.29 feet along same;
8. 149° 07' 350.60 feet along Parcel 28, to the point of
beginning and containing an area of
2.325 Acres.
PARCEL B
Beginning at the Southwest corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "WEST BASE"
being 944.18 feet South and 2,698.08 feet East, and thence running by azimuths
measured clockwise from True South:
1. 149° 07' 471.30 feet along Lot B and Parcel 28;
2. 250° 21' 99.29 feet along the remainder of Lot 11-
A-1;
3. 239° 07' 67.84 feet along same;
4. 149° 07' 62.00 feet along same;
5. 239° 07' 170.00 feet along same;
6. 329° 07' 327.50 feet along Lot 11-A-2;
7. 30° 02' 383.59 feet along same, to the point of
beginning and containing an area of
3.024 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
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SECTION 2. In accordance with Section 25-2-44, Hawaii 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.
INSERT CONDITIONS
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai`i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
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CKaupulehuREZ Jma.11.5.21
KA`UPULEHU LAND LLC
CHANGE OF ZONE APPLICATION (PL-REZ-2021-000006)
CONDITIONS OF APPROVAL
A. The applicant,its successors or assigns (Applicant) shall comply with all of the
stated conditions of approval.
B. A water commitment deposit shall be paid to the Department of Water Supply
(DWS) within 180 days from the effective date of this ordinance in accordance
with Rule 5 of the Department of Water Supply's Rules and Regulations. The
Applicant is responsible for maintaining valid water commitments to support the
proposed subdivision until such time that required water facilities charges are paid
in full.
C. Prior to issuance of Final Subdivision Approval, the Applicant shall construct
necessary water improvements, which shall include but not be limited to 1)
installation of service laterals that will accommodate the appropriately sized
meters to front each lot; 2) installation of a reduced pressure type backflow
prevention assembly within five (5) feet of the meter(s) on private property; and
3) relocation and adjustment of the Department of Water Supply's affected water
system facilities, should they be necessary.
D. The Applicant shall submit plans for Final Subdivision Approval showing the
removal of the existing 10-foot wide"No Vehicular Access & Planting Screen"
easement along the subject property's Mamalahoa Highway frontage.
E. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
F. Access to Mamalahoa Highway and all construction within the County Right-Of-
Way (ROW) shall require a ROW permit and conform to Chapter 22, County
Streets of the Hawaii County Code. Additionally, the provision of adequate site
distances at the access to Mamalahoa Highway shall meet with the approval of the
Department of Public Works.
G. Prior to issuance of Final Subdivision Approval/Final Plan Approval for the CN-
zoned area, the Applicant shall provide improvements to the subject property's
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Mamalahoa Highway frontage consisting of, but not limited to, pavement
widening with concrete curb, gutter and sidewalk, drainage improvements, signs
and markings, streetlights, and any relocation of utilities, meeting with the
requirements of the Americans with Disabilities Act and the approval of the
Department of Public Works. The improvements shall be located within the future
road widening setback established in this ordinance.
H. Since Mamalahoa Highway is designated as a secondary arterial road by the
General Plan, a fifteen (15) foot wide future road widening setback along the
property's entire Mamalahoa Highway frontage shall be subdivided and
dedicated, at no cost to the County, prior to issuance of Final Subdivision
Approval/Final Plan Approval for the CN-zoned area.
L The Applicant shall be responsible for the design,purchase, and installation of
streetlights and traffic controls as may be required by the Department of Public
Works-Traffic Division.
J. Prior to issuance of Final Plan Approval for any use in the CN-zoned area, the
Applicant shall provide traffic mitigation measures as recommended by the
Traffic Impact Analysis Report Update, dated November 5, 2020, to include 1)
The median taper on the left-turn lane on eastbound Mamalahoa Highway at
Keaka Kea Place should be restriped to extend the two-way, left-turn lane from
Earl's Paauilo Store Driveway to the beginning of the left-turn lane at Keaka Kea
Place; 2) Minimum 100-foot spacings should be provided between the
intersections on Mamalahoa Highway at Waikelehua Place, the West and Center
Driveways, and Earl's Paauilo Store Driveway/Ishihara Farm Road; 3) A
minimum of 25 feet distance should be provided between the edge of the
circulatory road and the future widening of the travelway on Mamalahoa
Highway; and 4) Traffic signal warrant analysis should be considered at the
Mamalahoa Highway intersections at Waikelehua and at Keaka Kea Place by the
Year 2040.
K. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties. A drainage study shall be prepared by a licensed
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civil engineer and submitted to the Department of Public Works prior to the
issuance of a construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to the construction of any proposed structures on the property.
L. All construction within Zones AO,AE and AEF shall comply with Chapter 27,
Floodplain Management, of the Hawaii County Code.
M. All earthwork activities including grading, grubbing, and stockpiling shall
conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County
Code.
N. The Applicant shall comply with the Department of Health's Hawaii
Administrative Rules (HAR) Chapter 11-55,rules regarding Water Pollution
Control, which requires an NPDES permit for certain construction activities.
O. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
P. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g.,rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work,the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at(808) 933-
7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
Q. To protect any Hawaiian Hawks (`Io)in the project vicinity,prior to cutting any
trees on the subject property, a qualified biologist shall survey the area to ensure
no Hawaiian Hawk nests are present.
R. To protect Blackburn's Sphinx Moth (BSM) contact DLNR, Division of Forestry
and Wildlife (DOFAW) to determine whether a vegetation survey should be
conducted. To avoid harm to the BSM, remove plants less than one meter in
height or during the dry time of the year. If removing tree tobacco plants or
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disturbing the ground around these plants, they must be checked thoroughly for
the presence of eggs and larvae.
S. To protect any Hawaiian hoary bats in the vicinity of the property,woody
vegetation over 15 feet in height shall not be disturbed, removed or trimmed
during bat birthing and pup rearing season, from June 1st to September 15th.
T. To avoid and minimize potential project impacts to the endangered Hawaiian
goose (Nene) the Applicant shall implement the following applicable measures:
Do not approach, feed, or disturb Nene. If Nene are present during construction
activities, all activities within 100 feet(30 meters) should cease, and the bird
should not be approached. Work may continue after the bird leaves the area of its
own accord. Contact DOFAW for further guidance if a nest is discovered or a
previously undiscovered nest is found on the subject property after work begins.
U. To protect any seabirds in the vicinity of the property,the Applicant shall install
shielded outdoor lights to direct light downwards.Additionally, the Applicant
shall install automatic motion sensor switches and controls on all outdoor lights or
turn off lights when human activity is not occurring in the lighted area. Finally,
the Applicant shall avoid nighttime construction during the seabird fledging
period, September 15 through December 15.
V. To prevent the spread of Rapid `Ohi`a Death (ROD), if`Ohi`a trees are present
and will be removed, trimmed or potentially injured, DOFAW requests that
Applicant follow the guidance of the College of Tropical Agriculture and Human
Resources, University of Hawaii. Additionally, the Applicant shall minimize the
movement of plant or soil material between worksites in order to prevent the
spread of invasive species. All equipment,materials and personnel shall be
cleaned of excess soil and debris. All gear that contains soil, such as work boots
and vehicles, should be thoroughly cleaned with water and sprayed with 70%
alcohol solution.
W. To prevent the spread of invasive plant species, the Applicant shall use native
plant species for landscaping that are appropriate for the area.
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X. The Applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval and shall
be based on the actual number of additional residential units (inclusive of time
share units) or lots created. The fair share contribution in a form of cash, land,
facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three (3)years
after the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a
combined value of$9,662.28 per multiple family residential unit or lot
($15,057.57 per single family residential unit or lot). The total amount shall be
determined with the actual number of residential lots according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit or lot(single family residential unit or lot) shall be
allocated as follows:
1. $4,766.13 per multiple family residential unit or lot($7,261.03 per single
family residential unit or lot)to the County to support park and
recreational improvements and facilities;
2. $150.63 per multiple family residential unit or lot($350.27 per single
family residential unit or lot)to the County to support police facilities;
3. $463.37 per multiple family residential unit or lot($691.83 per single
family residential unit or lot)to the County to support fire facilities;
4. $206.52 per multiple family residential unit or lot($302.89 per single
family residential unit or lot)to the County to support solid waste
facilities; and
5. $4,075.63 per multiple family residential unit or lot($6,451.55 per single
family residential unit or lot)to the County to support road and traffic
improvements.
-5-
In lieu of paying the fair share contribution, the Applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
Y. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented,the Applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
Z. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
AA. The Applicant,its successors and/or assigns shall comply with all applicable
County, State and Federal codes, laws, rules, regulations and requirements for the
proposed development, including the Department of Public Works, Department of
Water Supply and Department of Health.
BB. 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 are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
-6-
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the Applicant should require an additional extension of time, the
Planning Director shall submit the Applicant's request to the County
Council for appropriate action.
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.
-7-
RS-10 R5 RS-10 -15 A-5a
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j"m.
�y R � CN-10
.1 RS-10 R\
RS-10 ILI CN- A-
RS-10 �
5-10 N`� A-5a
OP
CV-7.5 z 8.8 so E ONO CN-10
"WESTBASE"
A-5a
CV- 0
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'Co
CN-7.5 A-5a
CN-7.
A-5a
A-5a
C 7.5
PARCEL B
AGRICULTURAL(A-5a)TO
SINGLE FAMILY RESIDENTIAL(RS-10)
PARCEL A 3.024 ACRES
AGRICULTURAL(A-5a)TO
NEIGHBORHOOD COMMERCIAL(CN-10)
2.325 ACRES
A-5a
- a A-5a
CV-7.5 A-5a
944.18'S
2,698.08'E
"WESTBASE"
A-5a A-5a
A-5a
Feet
0 300 600 900 1,200 1,500
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-11 (LALAMILO - PU'UKAPU ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO
NEIGHBORHOOD COMMERCIAL (CN-10)AND SINGLE FAMILY RESIDENTIAL (RS-10)
AT PU'UKAPU, WAIMEA, SOUTH KOHALA, HAWAI'I
MAP PREPARED BY:
TMK:(3)6-4-024:027 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:August 17,2021
EXHIBIT"A" Ka'upulehu Land LLC
Map: 1430