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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2021-012) RChenREZ.5.24.22 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SITING CHEN CHANGE OF ZONE APPLICATION (PL-REZ-2021-000012) Upon careful review of the request against the guidelines for granting a change of zone, the Deputy Planning Director is recommending that a favorable recommendation of the Change of Zone from an Agricultural-5 acre (A-5a) to a Family Agricultural-1 acre (FA- la) zoning district for 14.968-acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Deputy 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 to change the zoning district from Agricultural-5 acres (A-5a) to a Family Agricultural-1 acre (FA-la) zoning district for an approximately 14.968-acre parcel of land. According to the Zoning Code, the Family Agricultural district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The applicant proposes to subdivide the 14.968-acre parcel into eleven (11) lots, consisting of a minimum of one (1) acre each. The applicant intends to retain the largest lot, consisting of roughly 3.5 acres, for the purpose of constructing a single-family dwelling and planting an orchard(lychee, longan,mango, avocado, ulu, papaya, banana and dragonfruit) and vegetable plots. According to the applicant, the remaining ten (10) lots would be sold. According to the applicant, the proposed change of zone will help address the need for greater diversity of housing choices in the Kona area by creating additional fee simple lots to serve as housing while providing opportunities for diverse small-scale farming. Based on agency comments from Department of Public Works and the need for road connectivity to adjacent developments, the Planning Department requested that the Applicant provide a revised site plan. Please note that should the change of zone to FA-la be approved,the 14.968-acre -1- parcel could be subdivided into a maximum of fourteen (14) lots and any use permitted in the FA-la zoning district could be established on the property. 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 A-5a to a FA-la zoning district conforms to applicable goals,policies and standards of the General Plan and the Kona Community Development Plan. The subject, 14.968-acre parcel is irregular in shape and is currently vacant of any structures or improvements. The property slopes from east to west, ranging from 550-650 feet in elevation,with the highest point being at the southeastern end of the property. The northern and eastern boundary of the parcel is bordered by Hualdlai Road. There is a mixture of residential and agricultural zoning and uses in the area. Surrounding properties to the east are zoned Agricultural 1-acre (A-la) and are approximately one (1) to three (3) acres in size, with existing single-family dwellings. Properties to the north are mostly zoned A-la, with each parcel approximately fourteen (14) acres in size and are largely undeveloped or vacant. A small parcel directly adjacent to the north, zoned A-Ia, is developed with a water tank, owned by the Water Board of the County of Hawaii. An additional small property directly adjacent to the north is zoned A-5a, owned by the County of Hawaii and is currently undeveloped. The property directly adjacent to the west was rezoned from A-5a to RS-10 in 2010 but is currently undeveloped. Properties to the south are a mixture of residential zoning, including RS-7.5 (Pualani Estates Subdivision), RS-15 (Sugar Cane Lane Subdivision), RS-20 (Hualdlai Heights Subdivisoin) and RA-.5a(Kona Orchid Subdivision) and have been developed as residential subdivisions. The property directly adjacent to the south is zoned A-5a and is currently undeveloped. -2- According to the Zoning Code, the Family Agricultural district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the following goals, policies and standards of the General Plan Land Use and Economic Elements: • 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. 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 request to change the zoning to a FA-la district conforms to the LUPAG Map, which designates the property and the surrounding area as a mixture of Urban Expansion and Important Agriculture Lands. According to letters from the Planning Director dated February 25, 2010 and May 23, 2013, the entire site was determined to be situated within the Urban Expansion designation, which allows for a mix of high density, medium density, low density, industrial, industrial-commercial -3- and/or open designation in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. In addition, the proposed change of zone is consistent with the Kona Community Development Plan (KCDP), as the subject property is located within the Kona Urban Area and within the Pua`a-Wai`aha Village Transit Oriented Development Area. All essential utilities and services are available to the property. The subject parcel is accessed via Hualdlai Road, owned and maintained by the County of Hawaii with an average pavement width of 20 feet and varying right-of-way widths. The applicant proposed two (2)new access roads, consisting of Proposed Road Lot A, a cul-de-sac providing access from Hualdlai Road and a proposed road reserve easement providing access to the adjacent parcel to the south. Based on the proposed zoning, the Department of Public Works (DPW) recommends that the applicant provide improvements to the subject property's entire Hualdlai Road frontage consisting of, but not limited to pavement widening, paved shoulder and swale improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. DPW recommends the improvements to be located along the entire subject property frontage of Hualdlai Road equaling half the distance between the difference of the current and proposed right-of-way width and be dedicated upon request of DPW at no cost to the County. According to the General Plan, Hualdlai Road is a collector road and therefore shall be improved to a 66-foot-wide right-of-way. DPW recommends that all driveway connections meet the requirements of Hawaii County Code and that the applicant install any required streetlights or traffic control devices that may be necessary, with design purchase and installation being the responsibility of the applicant. The applicant has requested relief from DPW's recommendation to provide improvements, including pavement widening,paved shoulder and swale improvements along the Hualdlai Road frontage, with the rationale that the applicant's fair share contributions should fulfill the financial burden to mitigate potential regional impacts of the development with respect to public facilities. Additionally, the applicant states that -4- the topography on Hualalai Road makes the project challenging, and that an alternate proposal is to subdivide and eventually dedicate a future road widening strip to the County. Based on the preceding, the Deputy Planning Director recommends that a future road widening strip be subdivided prior to Final Subdivision Approval and dedicated to the County upon request of the Department of Public Works, at no cost to the County, provided that the project's sole access to Hualalai Road is developed as a shared access, in coordination with development of the adjacent parcel to the west, identified as TMK (3) 7-5-017:042. Additionally, the Deputy Planning Director recommends that should a secondary road access to Hualalai Road be developed, the applicant shall provide improvements to the entire subject property frontage of Hualalai Road, as recommended by DPW. The preceding will be added as conditions of approval. Section 25-2-46 (d) (1) of the concurrency provision requires a Traffic Impact Analysis Report(TIAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. Given the small scale and scope of the proposed project, a TIAR was not performed as the project conforms to the County's concurrency requirements. The applicant states that the project is anticipated to generate less than 50 peak hour vehicular trips and should not have a significant adverse impact to traffic along Hualalai Road. According to the Department of Water Supply (DWS), water can be made available from an existing 8-inch waterline along Hualalai Road which fronts the subject property. DWS has confirmed receipt of a water commitment deposit for the proposed development in the amount of 2,800 gallons per day, or seven (7) additional units of water at an average of 400 gallons per day. Additionally, DWS indicated that as the landowner is a member of the Wai`aha System, LLC, which has executed a Water Development Agreement with the County Water Board, the landowner obtained a water commitment in the amount of six (6) equivalent units of water at an average daily usage of 400 gallons per day, per unit, for the subject parcel. Additionally, DWS has requested that the applicant submit documents to convey the water system improvements and -5- necessary easements to the Water Board of the County of Hawaii prior to the final subdivision approval being granted. According to comments from the Department of Land and Natural Resources, Commission on Water Resource Management(CWRM), the actual water consumption for the proposed subdivision of eleven (11) agricultural lots may exceed the amount estimated by DWS, and the applicant should explain how they propose to meet the likely additional water demand. Additionally, the Groundwater Branch of CWRM recommended consultation with the region's Aha Moku Council (moku) on whether a land use conversion or project that uses water will impact any traditional and customary practices. As of the date of this writing, the applicant has not provided a response to comments from CWRM. According to initial comments from the Department of Environmental Management(DEM), the subject property is within 300 feet of the existing Hawaii County sewer system, therefore the applicant would need to connect in accordance with Section 23-85 (Subdivision Code) of the Hawaii County Code. Following the applicant's request for relief from sewer connection requirements, DEM added the allowance that the applicant shall either construct an extension of the sewer system or shall follow Department of Health (DOH)regulations. According to DOH,the applicant can install individual wastewater system (IWS) in accordance with Hawaii Administrative Rules (HAR), Chapter 11-62, Wastewater Systems, for the proposed eleven (11) lot subdivision provided that each lot is at least one (1) acre or greater in size and that only one (1) dwelling, with no accessory dwelling unit (ADU) is allowed on each lot. Additionally, DOH requires that the project shall connect to the County sewer system should it become available to the area. Based on the preceding, the Deputy Planning Director recommends that the development project connect to the County sewer system should it become accessible prior to Final Subdivision Approval or should the lots be developed with more than one dwelling unit on an individual lot. The preceding will be added as a condition of approval. -6- There are no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers, who will dispose of the refuse at authorized landfill sites. All essential utilities and services are available to the property. The Kealakehe Police Station is located approximately three (3) miles north of the project site. There are three (3) fire stations within five (5)miles of the site including Kailua-Kona, Kealakehe, and Pu`uola. The Kona Community Hospital is located in Kealakekua. 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 Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA) and the Department of Public Works- Engineering Division (DPW), the property is located in Zone "X", an area outside of the 500-year flood area. There are no significant topographical constraints, and the property is not located in a flood zone. Conditions of approval will ensure that all development generated runoff will be disposed of onsite and that the applicant will comply with Chapter 10 related to Erosion and Sedimentation Control. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not situated within the Special Management Area. It is located over approximately one (1)mile from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems or marine resources in the area. Thus, the proposed request will not adversely impact those resources. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical, or native resources in the area. Thus, it is not anticipated that the proposed request will have an adverse impact on cultural or historical resources in the area. 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 -7- 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: ■ Investigation of valued resources: An Archeological Inventory Survey (AIS) for the subject property was completed by Bulgrin and Rechtman in 2005. ■ The valued cultural; historical; and natural resources found in the rezoning area: The State Historic Preservation Division (SHPD) confirmed that an archeological inventory survey (AIS)was completed in 2005 and accepted by SHPD. The AIS documented six (6)historic sites, all located within the subject parcel and assessed by SHPD as significant under criterion D. According to the AIS,the sites included historic walls which functioned as boundaries for ranching, a ranching enclosure and a terraced outcrop interpreted as a temporary habitation site in use prior to Western contact. Five (5) of these sites were recommended for no further work and one (1)was recommended for data recovery. SHPD accepted a data recovery plan in 2008, as well as a subsequent data recovery report in 2009. Based on current information, SHPD's determination for the proposed project is "no historic properties affected."The applicant has stated that during clearing and grading of the property SHPD will be notified, and all work shall immediately cease, upon inadvertent discovery of any archeological or historic features.No professional floral or faunal survey was conducted of the property. The vegetation within the project area is primarily non-native and weedy in nature, consisting mainly of introduced grasses, kiawe, koa haole, opiuma, kukui, vines,weeds, and shrubs. According to the applicant,though rare or endangered floral or faunal resources are unlikely to be found on the subject property due to the developed, suburban nature of the surrounding areas, it may be possible to find the Hawaiian Hawk, Hawaiian Owl, Hawaiian Goose and Hawaiian Hoary Bat. Introduced bird species such as dove, Japanese white-eye, house finch, myna, as well as cats, dogs, rats, pigs, and mongoose are also common on the subject property. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW), the Hawaiian Hawk or `Io (Buteo solitarius)may occur in the project vicinity and their nests might be present during the breeding season -8- from March to September. DOFAW also reported that Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1st through September 15th. Additionally, State-listed waterbirds such as the Hawaiian Duck(Anas wyvilliana), Hawaiian Stilt(Himantopus mexicanus knudseni), Hawaiian Coot(Fulica alai), and the Hawaiian Goose or Nene (Branta sandvicensis) may also potentially occur in the vicinity of the proposed project site. DOFAW also reports that the project area falls within the historic range of the State-listed Blackburn's Sphinx Moth (BSM: Manduca blackburni) and has recommended measures to avoid harm to BSM. Finally, DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. ■ Possible adverse effect or impairment of valued resources: With the exception of the previously mentioned archaeological sites, which were addressed by the data recovery report, the impairment of other valued resources on the property is unlikely. ■ Feasible actions to protect native Hawaiian rights: No known gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. However, in addition to the data recovery report mentioned above, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. 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 permits,the installation of approved wastewater disposal systems, compliance -9- 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 above findings,the request to rezone the property from an Agricultural-5 acre (A-5a) to a Family Agricultural-1 acre (FA-la)zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-25 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition,As Amended), 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. <Planning Department> AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—5 ACRES (A-5a) TO FAMILY AGRICULTURAL— 1 ACRE (FA-la) AT KAILUA-KONA,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-017:043. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 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 Kailua-Kona, North Kona, Hawaii, shall be Family Agricultural— 1 Acre (FA-la): Beginning at the Southwesterly corner of this parcel of land, being also the Southeasterly corner of Lot D, the Northwesterly corner of Lot 2 and the Northeasterly corner of Lot 116 of Pualani Estates Subdivision, Phase 2 (File Plan 2416), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO"being 1,894.92 feet North and 6,654.29 feet East, and running by azimuths measured clockwise from True South: 1. 1580 16' 12" 715.98 feet along Lot D and along the remainder of Royal Patent 1669, Land Commission Award 8519-B, Apana 3 to Kamaikui to a point; 2. 2500 07' 30" 24.88 feet along the Southerly side of Hualalai Road to a point; 3. 2580 39' 30" 35.12 feet along the Southerly side of Hualalai Road to a point; -1- 4. 2520 53' 25" 141.12 feet along Lot 1-A and along Grant 983 to Kipola to a point; 5. 2560 21' 32" 281.08 feet along middle of stonewall, along Lot 1-A and along Grant 983 to Kipola to a point; 6. 3470 08' 126.74 feet along Lot 1-B and along the remainder of Royal Patent 1669, Land Commission Award 8519-B, Apana 3 to Kamaikui to a point; 7. 2570 08' 184.67 feet along Lot 1-B and along the remainder of Royal Patent 1669, Land Commission Award 8519-B, Apana 3 to Kamaikui to a point; Thence, for the next fourteen (14) courses following along the Southerly side of Hualalai Road: 8. 3060 24' 30" 14.19 feet to a point; 9. 3000 46' 30" 34.99 feet to a point; 10. 2970 35' 30" 64.03 feet to a point; 11. 3000 44' 30" 34.78 feet to a point; 12. 3070 05' 30" 41.37 feet to a point; 13. 3020 23' 30" 38.59 feet to a point; 14. 3030 03' 22.82 feet to a point; 15. 2900 19' 20.64 feet to a point; 16. 2790 35' 30" 23.87 feet to a point; 17. 2730 18' 30" 25.35 feet to a point; 18. 2640 35' 30" 92.14 feet to a point; 19. 2680 18' 54.95 feet to a point; -2- 20. 2740 07' 37.18 feet to a point; 21. 2780 0 F 30" 51.30 feet to a point; Thence, for the next fourteen (14) courses following along the Westerly side of Hualalai Road: 22. 2950 14' 30" 22.05 feet to a point; 23. 3080 19' 30" 20.69 feet to a point; 24. 3250 39' 30" 20.68 feet to a point; 25. 3340 17' 30" 21.48 feet to a point; 26. 3360 02' 30" 33.82 feet to a point; 27. 3400 24' 30" 67.33 feet to a point; 28. 3340 52' 6.52 feet to a point; 29. 3410 39' 30" 26.14 feet to a point; 30. 3470 00' 30" 72.51 feet to a point; 31. 3500 18' 30" 18.90 feet to a point; 32. 3450 48' 30" 19.77 feet to a point; 33. 3290 30' 30" 15.17 feet to a point; 34. 3070 10' 30" 42.94 feet to a point; 35. 3160 36' 30" 11.53 feet to a point; Thence, for the next nineteen (19) courses following along the middle of stonewall, along Lot 2 and along Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams: 36. 720 44' 30" 66.50 feet to a point; 37. 740 32' 20" 77.76 feet to a point; 38. 870 49' 10" 36.53 feet to a point; -3- 39. 700 17' 20" 80.56 feet to a point; 40. 800 42' 40" 38.66 feet to a point; 41. 770 56' 10" 30.09 feet to a point; 42. 850 08' 40" 56.81 feet to a point; 43. 950 30' 20" 32.20 feet to a point; 44. 830 15' 10" 37.88 feet to a point; 45. 930 22' 50" 40.53 feet to a point; 46. 780 31' 30" 30.97 feet to a point; 47. 670 43' 30" 25.01 feet to a point; 48. 830 04' 15" 75.51 feet to a point; 49. 760 43' 50" 56.82 feet to a point; 50. 790 32' 10" 85.53 feet to a point; 51. 700 31' 50" 49.92 feet to a point; 52. 810 42' 30" 63.08 feet to a point; 53. 770 02' 50" 54.92 feet to a point; 54. 760 18' 30" 192.73 feet to the point of beginning and containing an area of 14.968 Acres. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 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 -4- 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 Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -5- MenREZ.5.24.22 SITING CHEN CHANGE OF ZONE APPLICATION (PL-REZ-2021-000012) CONDITIONS OF APPROVAL A. The applicant,its successors or assigns ("Applicant")shall comply with all of the stated conditions of approval. B. 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 meeting with the approval of the Department of Water Supply. D. Final Subdivision Approval for the proposed subdivision shall be secured within five (5)years from the effective date of this ordinance. E. All driveway connections and construction within Hualalai Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Hualalai Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works, Engineering Division. F. The Applicant shall be responsible for the design,purchase, and installation of streetlights and traffic control devices as may be required by the Department of Public Works-Traffic Division. G. Hualalai Road, fronting the subject property, is identified as a collector road by the Hawaii County General Plan and therefore recommended to be improved to a 66-foot-wide right-of-way. Provided that the sole access to Hualalai Road is developed as a shared access, in coordination with development of the adjacent parcel to the west, identified as TMK (3) 7-5-017:042, a future road widening strip equaling half the distance between the difference of the current and proposed 66-foot-wide right-of-way width along the property's Hualalai Road frontage shall be subdivided at the time of Final Subdivision Approval and dedicated to the County upon request of the Department of Public Works at no cost to the County. -1- H. Should a secondary road access from Hualalai Road to the subject parcel be developed, the Applicant shall provide improvements to the entire subject property frontage of Hualalai Road consisting of, but not limited to, pavement widening, paved shoulder and swale improvements, and any required utility relocation, meeting 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 required in Condition H and shall be dedicated to the County. L Per Hawaii County Code, Section 23-45, Proposed Road Lot A and Proposed Road Reserve Easement shall intersect at a right angle and the corner radius shall be a minimum of 20 feet. Proposed Road Lot A shall be a minimum 50 feet wide right-of-way and be constructed to a dedicable standard. Proposed Road Lot A and Proposed Road Reserve Easement shall be built to County dedicable standards and dedicated to the County upon request by the Department of Public Works, at no cost to the County. J. Vehicular access to individual lots shall be prohibited from Hualalai Road. 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 and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. L. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. M. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawai`i. N. The Applicant shall comply with the Department of Health's Hawaii Administrative Rules (HAR) Chapter 11-55, regarding Water Pollution Control, which requires an NPDES permit for certain construction activities. -2- O. Restrictive covenants in the deeds of all resulting lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the Hawaii County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of Conveyances shall be submitted to the Deputy Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. P. The method of sewage disposal shall meet with the requirements of the State Department of Health (DOH). DOH will allow the use of an individual wastewater system (IWS), in accordance with Hawaii Administrative Rules (HAR), Chapter 11-62, Wastewater Systems, for the proposed eleven (11) subdivided lots provided that each lot is at least one (1) acre of size or greater and only one (1) dwelling unit,with no accessory dwelling unit(ADU),is constructed on each lot. The proposed subdivided lots and use of an IWS shall be subject to all applicable provisions of HAR, Chapter 11-62. In addition, the development project shall connect to the County sewer system should it become accessible prior to Final Subdivision Approval or should the lots be developed with more than one dwelling unit on an individual lot. Q. 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. -3- R. To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire fencing shall not be used on the property and woody vegetation over 15 feet in height shall not be removed during bat breeding season of June 1st to September 15''. S. All lights used for nighttime work shall be fully shielded to minimize adverse impacts on seabirds. Nighttime work that requires outdoor lighting shall be avoided during the seabird fledgling season from September 15 though December 15. T. If any state-listed waterbirds such as the Hawaiian Duck, Hawaiian Stilt, Hawaiian Coot or Hawaiian Goose (Nene) are present during any construction activities, cease all activities within 100 feet of the bird. Work may continue after the bird leaves of its own accord. If a nest is discovered at any point, the Hawaii Island Branch DOFAW Office should be contacted. U. If trees are to be cut,particularly during the breeding season from March to September, the area shall first be surveyed to ensure no Hawaiian Hawk nests are present. V. The Applicant shall contact the Hawaii Branch DOFAW office to determine if the state-listed Blackburn's Sphinx Moth (BSM) is present on the subject property and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM. If plants are to be removed, the Applicant shall follow guidelines from DOFAW to avoid harming BSM. W. To prevent the spread of Rapid `Ohi`a Death (ROD), other harmful fungal pathogens, vertebrate and invertebrate pests (e.g. Little Fire Ants, Coqui Frogs), or invasive plant parts, the Applicant shall consult with the Big Island Invasive Species Committee (BIISC) in planning, design and construction of the project in order to properly mitigate spread of high-risk invasive species. 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 -4- contains soil, such as work boots and vehicles, shall be thoroughly cleaned with water and sprayed with 70% alcohol solution. X. The Applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the unit counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each unit shall be based on the number of units developed. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $15,636.59 per single family residential unit. The fair share contribution per single family residential unit shall be allocated as follows: 1. $7,540.24 per residential lot to the County to support park and recreational improvements and facilities; 2. $363.74 per residential lot to the County to support police facilities; 3. $718.44 per residential lot to the County to support fire facilities; 4. $314.54 per residential lot to the County to support solid waste facilities; and 5. $6,699.63 per residential lot to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the Applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Deputy Planning Director, upon consultation with the appropriate agencies and approval of the County Council. -5- 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 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 Deputy 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. 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 Deputy Planning Director shall submit the applicants' request to the County Council for appropriate action. -6- CC. Should any of the conditions not be met or substantially complied with in a timely fashion, the Deputy Planning Director may initiate rezoning of the area to its original or more appropriate designation. -7- . ea 2 A-la AGRICULTURAL-AGRICULTURAL DISTRICT(A-5a)TO FAMILY AGRICULTURAL DISTRICT(FA-1a) 14.968 ACRES A-la (�y -la 0 A-la 9�0, �A S < G �O �Q 1,894.92'N 6,654.29 E RS-10 AKAPONO L A-5n O RS 15 A-.5n r 2 �Z R -15 Rs-INA P AC � RA- PS r A RS- . A-5n 99� pUApU v U) KUgHI PL RA-. Q 0 Z T R 7.5 y G R -20 m Q -0 5-20 r � � 5 4� 5 RA-.5n To Kon T r-977_5 -5n Feet 0 500 1,000 1,500 2,000 2,500 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -AGRICULTURAL DISTRICT (A-5a) TO FAMILY AGRICULTURAL DISTRICT (FA-1 a) AT KAILUA-KONA, NORTH KONA, HAWAI'I MAP PREPARED BY: TMK:(3)7-5-017:043 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:November 12,2021 EXHIBIT"A" siting Chen Map: 1435