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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-014_Amend REZ-07-075) RHawaiione l InvestorsLLCREZAmend.crk.3.30.2022 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HAWAII ONE1 INVESTORS,LLC (FORMERLY KONA HEIGHTS,LLC) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 8 (AMEND REZ 07-075) (PL-REZ-2022-000014) Upon careful review of the request, the Planning Director recommends that a favorable recommendation of the request to amend conditions of Change of Zone Ordinance No. 09 8 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 this position. This favorable recommendation is based on the following findings: The applicant is requesting the following amendments to Change of Zone Ordinance No. 09 8: ■ A five (5)-year time extension to Condition E(Time to Secure Final Subdivision Approval); and ■ An amendment of Condition K (Drainage Improvements)to allow for the option of bonding the drainage improvements or the use of other acceptable forms of surety in lieu of the construction of drainage improvements, prior to the issuance of Final Subdivision Approval. The requested amendment language is as follows (new material is underlined): K. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, or secured by a bond or other acceptableforms o surety,meeting with the approval of the Department of Public Works prior to receipt of Final Subdivision Approval. The drainage study shall include potential impacts from the Kahului-Keauhou Parkway culverts. Since the applicant acquired the property in 2013,they have worked diligently to comply with conditions of approval of both the change of zone ordinance and SMA Use Permit, including securing a Planned Unit Development (PUD)permit in 2016, finalizing and -1- securing approval from the State Historic Preservation Division for an Archaeological Data Recovery Plan in 2010 and Burial Treatment Plan in 2017, securing Tentative Subdivision Approval for phase one of the subdivision in 2017,working with the Department of Parks and Recreation to locate a suitable site for a three (3)acre neighborhood park and completing an Environmental Assessment (EA)and receiving a Finding of No Significant Impact (FONSI) for the park's development and securing approval for subdivision infrastructure construction plans in 2019. Despite this work,the applicant lost its funding to complete the required infrastructure improvements for the project and could not find an alternative source within a timely manner. Thus,the applicant could not meet the February 9, 2019, deadline to secure Final Subdivision Approval,which necessitates the time extension requests. Finally,with approval of the requested amendment to Condition K of Ordinance 09 8, the applicant will have the opportunity to provide an acceptable form of surety to ensure the construction of the subdivision drainage system along with the subdivision's roadway and water systems as a means to secure Final Subdivision Approval,which then affords the applicant additional opportunities to secure the necessary funding to complete the project. The original application was reviewed against the guidelines for granting a change of zone and approved,with conditions,by the County Council. The requested amendment requests were reviewed using the following criteria: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan, Kona Community Development Plan, and Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. 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. Ordinance No. 09 8 was approved by the County Council in 2009 to reclassify 11.054 acres of land from an Agricultural 5-acres (A-5a)to a Single-Family Residential-7,500 square feet(RS-7.5) zoned district. In conjunction with this ordinance, the Planning Commission also approved SMA Use -2- Permit No. 07-024 to allow the development of a 65-lot, single family residential subdivision and related improvements. As stated previously, since acquiring the property in 2013,the applicant has worked diligently to comply with conditions of approval including securing Tentative Subdivision Approval for phase one of the subdivision in 2017. While attempting to finalize requirements for Final Subdivision Approval in 2019, the applicant lost the funding necessary to complete the required infrastructure improvements for the project and could not find an alternative funding source within a timely manner. The applicant is committed to finalizing the project and is requesting an additional five (5)years to secure the necessary funding and bonding the required infrastructure to secure Final Subdivision Approval as required by Condition E. Based on the preceding, the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant and that are not the result of their fault or negligence. Granting of the time extension would not be contrary to the General Plan, Kona Community Development Plan or Zoning Code. The applicant is proposing to develop a 62-lot residential subdivision with lots ranging in size from 3,082 square feet and 6,501 square feet and related improvements consistent with an approved PUD master plan. According to the PUD permit, the PUD is designed to address the needs and lifestyle of residents who want to live in a planned residential community that is a more compact community with alternate standards versus the current, standard subdivision layout,which in many cases lacks a human scale and walkability. Since the ordinance was approved in 2009, there has been no significant changes in the General Plan or Zoning Code relative to the project area. The General Plan (GP) designation for this area is Low Density Urban, which allows residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. This property's RS-7.5 zoning and approved PUD to allow the development of a 62- lot subdivision on the property is consistent with this LUPAG designation. Furthermore, -3- the project remains consistent with several goals, policies, and standards relative to the GP's economic and land use elements. The Kona Community Development Plan (KCDP)was adopted in 2008, and thus was not considered during the original change of zone analysis as the adoption of the two ordinances overlapped. However, the proposed project is consistent with the requirements of the KCDP as amended in 2019, which designates the property within the Kona Urban Area (KUA), and within the outer fringes of the Kahalu`u Neighborhood Transit Oriented Development(TOD) area on the Official Concurrency Map. Furthermore, the subject property falls within Concurrency Zones M and the Kahalu`u Makai Village, with two specific concurrency roadway segments situated adjacent to, but not within,the subject property. These two adjoining concurrency roadway segments include the proposed Kahului-Keauhou Parkway, classified as a secondary arterial, and Connector 9, a proposed minor collector roadway. It should be noted that the KCDP was amended in 2019 to remove the requirement that these roadway segments be constructed concurrent with occupancy of units on the subject property. Now,roadway concurrency requirements are to be determined by concurrency section of the Zoning Code and any applicable Traffic Impact Analysis Report(discussed further below). The proposed development can be considered"Infill" development as defined in the KCDP as it is situated directly to the south of established residential subdivisions of White Sands Beach Estates and Keauhou View Estates subdivisions to the north, and existing single and multiple family residential zoning to the south as part of the resort community of Keauhou. Furthermore, the applicant proposes to construct and dedicate to the County a new subdivision access road(Pi`ilani Street) from Ali`i Drive through the adjacent property to the west(makai) of the subject property,which will connect to Naniloa Street stub out at Queen Kalama Avenue,which is an existing, County owned and maintained road. Furthermore, conditions of the associated change of zone ordinance require stub outs to the property to the south to provide connectivity should that parcel ever be developed. This will satisfy the street network connectivity objective of the Kona CDP. -4- The 62-lot, single-family residential project has been designed and will be built meeting with the requirements of the Zoning Code and approved PUD,which allowed a series of exceptions from the Zoning and Subdivision Codes to, "... improve the overall quality, aesthetics, and to create a more pedestrian-oriented community that would not otherwise be possible with the current County of Hawai`i Codes and Standard Details for roadway construction." The project has met the Zoning Code's concurrency requirements by having secured sufficient potable water(50 units)to satisfy the needs of the project that has registered with the U.S. Green Building Council as a LEED project,whose design criteria will be applied to the project to reduce water demands lower than County requirements (as required by Condition D of the subject ordinance). The Planning Director recommends modifying Condition B (Water Commitments)to require the applicant to maintain those water commitments until the water facilities charge has been paid in full. As the proposed project is anticipated to generate more than fifty (50)peak hour vehicle trips,the applicant commissioned an updated Traffic Impact Analysis Report (TIAR), dated October 2021, as required by the Concurrency section of the Zoning Code. The TIAR summarized the traffic impact of the project as follows, the Laipala Makai project will have little impact to traffic delay at the Ali`i Drive at Queen Kalama Avenue and the Queen Kalama at Naniloa Drive intersections. At the proposed intersection of the project driveway and Ali`i Drive, a single-lane entrance and a single-lane exit will work acceptably. Traffic operations show that the all-way stop-control at Ali`i Drive, and La`aloa Avenue will result in movements that operate at LOS E in Future (2041) Without Project and Future (2 041) With Project conditions. The 8-Hour (Warrant I Condition B) and 4-Hour (Warrant 2) traffic signal warrants were satisfied and the resulting intersection analysis with a traffic signal with permitted phasing resulted in acceptable LOS for the intersection and movements. The future widening of Route 11 and/or the completion of the Ali`i Highway extension will likely lower the traffic volume at this intersection, resulting in better traffic operation at this intersection. It is recommended that this intersection be monitored, and the installation of a traffic signal be considered if needed. The v/c ratio for the northbound and southbound approaches at Route 11 and -5- La`aloa Avenue will also be approaching LOS F in Future (2041). The north-south capacity will need to be increased through the widening of Route 11 from Henry Street to Kamehameha III Road or the construction of the Ali`i Highway extension, both of which have been planned for many years. "As all studied intesections will remain at an acceptable level of service until 2041,there are no recommended mitigation actions required. Finally,there are two (2) defense sirens in the immediate area, one located in the White Sands Beach Estates subdivision approximately 1,450 feet to the north from the subject property, and a second siren located approximately 3,100 feet to the south near Kahalu`u Beach Park. Based on the preceding,the granting of the requested time extension would not be contrary to the General Plan, Kona CDP, or the Zoning Code. The granting of the time extension would not be contrary to the original reasons for the granting of the permit. When the property was originally rezoned in 2009,the Planning Commission forwarded a favorable recommendation for the subject change of zone to the County Council with conditions based on the criteria for approving a change of zone. The reasons for the favorable recommendation were as follows: 1) The proposed zoning was consistent with the GP Low Density Urban LUPAG designation and several goals,policies and actions of the GP's economic and land use elements; 2) necessary infrastructure such as water,wastewater, and roadway access are or can be made available to the project; 3)there are no irresolvable issues related to developing the property (drainage, avifaunal, or botanical), and 4)with appropriate mitigation, the proposed project would not have any negative impact on archaeological, historical, or cultural resources on the subject parcel (further discussed below). Since the change of zone was approved, the Zoning Code was amended to include Concurrency requirements that were discussed above. The scope, design, layout, and phasing of the project proposed by the applicant has not significantly changed since the change of zone was approved. In fact, the project has been further clarified with the approval of the PUD in 2016 and approval of infrastructure construction plans for the"La`ipala Makai PUD, Phase F in 2019. Granting -6- the time extension would simply provide the applicant additional time to secure an alternative funding source and develop the project. Thus,the time extension request is not contrary to the original reasons. The Planning Director believes that the applicant's request to amend Condition K to allow the required drainage improvements to be secured by a bond or other acceptable form of surety instead of being constructed prior to Final Subdivision Approval (FSA) is reasonable for the following reasons: 1)This is the only infrastructure improvement required to be constructed prior to FSA. For example, Condition H expressly permits roadway improvements to be bonded before FSA; 2)the Subdivision Code explicitly provides for a process by which a landowner can enter into agreement with the County for the construction of required subdivision improvements and utilities in lieu of the completion of its construction prior to FSA (Section 23-82. Agreement to provide improvements and utilities. and Section 23-83. Bond.). The applicant plans to use this process to bond other roadway and water infrastructure for the project pursuant to approved infrastructure construction plans and feels that drainage improvements are an integral part of the required roadway infrastructure; 3)based on a review of the record, staff was unable to determine a reason that the drainage improvements specifically needed to be completed prior to FSA. While the comment memo from the Department of Public Works-Engineering Division (DPW)requested a drainage study be prepared and submitted to DPW for approval and that recommended drainage improvements need to be constructed,the memo did not specifically require a timing trigger(e.g.,prior to FSA), however,the proposed conditions of approval from the Planning Director at the time did include that timing trigger; and 4) according to the applicant, the ability to bond all of the infrastructure improvements will assist with securing the needed funding to complete the infrastructure improvements for the project. For the preceding reasons, the Planning Director supports the requested amendment to Condition K. 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. These rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. -7- Investigation of valued resources: The applicant has submitted the following studies from which the Planning Commission can determine the valued natural, cultural, and historical resources in the project area. ■ A Survey of Botanical, Avian and Terrestrial mammalian Species for the proposed Laipala Heights Subdivision, North Kona District, Island of Hawaii prepared by Rana Productions in 2006 ■ Archaeological Inventory Survey, TMK: 7-7-08: 121, Land of Kapalaalaea 2, North Kona District, Island of Hawaii prepared by Haun and Associates in January 2006 ■ Cultural Impact Study/Assessment, Laipala Heights, Kapalaalaea Ahupuaa, District of North Kona, Hawaii Island prepared by Kaimipono Consulting Services LLC in December 2006 ■ Final Archaeological Data Recovery Plan, Land ofKapala`alaea 2 Ahupua`a, North Kona District, Island ofHawai`i, (TMK 3-7-7-08:105, 113, 119, 121) prepared by Haun and Associates in January 2010 ■ Final Burial Site Component of an Archaeological Preservation Plan for Site 50-10- 37-24842 and Portions of Site 24534, TVIK(3) 7-7-008:121, Kapala`alaea 2 Ahupua`a, North Kona District, Island of Hawai`i prepared by Haun and Associates in April 2017 The valuable cultural, historical, and natural resources found in the area: The floral/fauna report revealed that no endangered species are likely to be found on the project site. The archaeological inventory survey identified 14 sites assessed as significant for their information content. Three (3)of the historic properties that recommended for no further work,nine (9) sites were recommended for mitigation through data recovery,and two (2) sites(one ceremonial/habitation site complex(SIHP 24534)was recommended for preservation and one burial site (SIHP 24842)was recommended for preservation in the form of a Burial Treatment Plan). Finally,the Cultural Impact Assessment concluded that, "while evidence of ancient or traditional cultural practices still exists on the project lands, there does not appear to be any evidence of any ongoing traditional cultural practices, except perhaps fishing, which, while not directly impacted by the project, may indirectly impact this resource. -8- Possible adverse effects or impairment of valued resources: Native vegetation may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. According to the botanical and archaeological studies submitted by the applicant, the project will not adversely impact resources in the area with appropriate mitigation. Feasible actions to protect native Hawaiian rights: The applicant has stated that there is no evidence of any traditional or customary Native Hawaiian rights being practiced on the project site. There is no record of public access to the mountains or the ocean, and as the subject property is located approximately 800 feet mauka of the nearest shoreline, there should not be any impact on fishing or shoreline public access. An Archaeological Data Recovery Plan and Burial Treatment Plan were developed and accepted by SHPD in 2010 and 2017 respectively and conditions of approval of this permit and the associated change of zone ordinance have been modified to ensure that the requirements of each of these respective plans(including short and long-term conservation measures for the sites to be preserved and archeological monitoring during land alteration activities)are followed throughout the development of the project to ensure protection of these preserved archaeological resources. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use,prior to and during its commencement or establishment upon the subject properties. Compliance with all applicable governmental requirements is a condition of this approval, and 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, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09 8. Please note, in addition to the applicant's proposed amendment, the Planning Director is -9- recommending modification of other conditions to current standard condition language and to ensure compliance with the implementation of certain conditions. The accompanying draft bill reflects these recommendations and changes. Material to be deleted is bracketed and struck-through; new material is underscored. 4�M�V`OF h{`�pi COUNTY OF HAWAII +_ STATE OF HAWAII ri�•oF•rr.M� BILL NO. ORDINANCE NO. (Planning Dept.) AN ORDINANCE AMENDING ORDINANCE NO. 09-8 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—5 ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET (RS-7.5)AT KAPALAALAEA 2ND,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-7-008:121. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL SECTION 1. Section 2 of Ordinance No. 09 8 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(2005 Editiaii)] (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. Material to be deleted is bracketed and stricken. New material is underscored. -1- SECTION 4. 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 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: -2- CHawaiiOne llnvestorsLLCREZAmend.crk.3.30.2022 HAWAII ONE1 INVESTORS, LLC (FORMERLY KONA HEIGHTS, LLC) PL-REZ-2022-000014 (AMEND REZ 07-075) AMENDED CONDITIONS OF APPROVAL A. The applicant, its successor or assigns ("Applicant") shall be responsible for complying with all stated conditions of approval. B. [ , of Alate,- S"pl , , ithi, 180 days f e the e ff etive date of t4is ,a;,,a ] The Applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. The applicant shall construct necessary water system improvements as required by the Department of Water Supply. C. The [fit] Applicant shall provide a recreational area of at least 5,000 square feet at the Naniloa Street end of the proposed subdivision, which shall be maintained by the proposed subdivision's owners' association. Additionally, the applicant shall provide the recreational area with its own water meter and adequate water to serve park visitors, and support grass and landscaping. This recreational area shall not diminish the [fit] Applicant's commitment to provide additional recreational areas and the requirements under Condition U herein. The [art] Applicant shall provide a minimum of a three-acre,public neighborhood park sufficient in size and quality to create a playing field for team sports such as baseball, football, and/or soccer on another parcel of land within one-quarter mile of this proposed project and all attributes and location of the neighborhood park shall be at the sole discretion of the Department of Parks and Recreation, and an additional two acres of mews on the same parcel as the three- acre,public neighborhood park. The mews may be private park area and shall be owned and maintained by the owner's association. D. The [appliea-H ] Applicant shall implement and/or require implementation of water 1 and energy conservation measures in the development of the houses within the proposed subdivision,utilizing measures similar to the LEED Standards of the U.S. Green Building Council,which shall be binding on the owners of the association and owners of all lots in the proposed subdivision. Compliance with this condition shall be verified by a LEED certified architect. E. Final subdivision approval shall be secured within five (5)years from the effective date of this amended ordinance. The first subdivision phase shall be defined as consisting of up to fifty (50) lots. F. Access to the development shall meet with the approval of the Department of Public Works. Access to the future Kahului-Keauhou Parkway shall not be allowed unless approved the Department of Public Works. Vehicular access to individual lots shall not be permitted from the Kahului-Keauhou Parkway. A gated vehicular emergency egress to the Kahului-Keauhou Parkway may be installed if allowed by the Department of Public Works. The [ffpplie-a-trt] Applicant shall construct a pedestrian pathway connecting a street within the project to the multipurpose path on the Kahului-Keauhou Parkway. G. During the construction of the proposed subdivision, the [apphean Applicant shall cause vehicular construction traffic to utilize an access route across the property to the west and/or south. H. The [app4eaw] Applicant shall provide road and traffic improvements as follows: Alternative 1: Construct a new alternate access road from Alii Drive to the project through currently vacant property to the west or south, meeting with the approval of the Department of Public Works. The road may be constructed as a minor or local street and may allow direct access from individual lots, and shall be dedicated to the County upon completion. It shall include a dedicated left turn lane at the Alii Drive intersection. The road shall connect with a street in the project that provides a further stubout to the adjacent property to the south (TMK: 7-8-010:004). All construction required in Alternative 1 herein shall be completed or bonded before final subdivision approval for the first phase of the proposed project, or Alternative 2: Provide concrete curbs, gutters, sidewalks, and appropriate 2 drywells for drainage control from the proposed development along the mauka side of Naniloa Street to Queen Kalama Street and then from Naniloa Street along the south side of Queen Kalama Street to Alii Drive. These improvements shall include any necessary pavement widening retaining structures, signs,traffic markings, and streetlights, drainage improvements, and relocation of utilities meeting with the approval of the Department of Public Works. All construction required in Alternative 2 herein shall be completed or bonded before final subdivision approval for the first phase of the proposed project. L Within the project area, the [ftppliean4] Applicant shall provide: (1)A connection to Naniloa Street to the north. (2) One road stubout to the adjoining property to the south (TMK: 7-8-010:004). This stubout shall be sufficiently mauka in the proposed subdivision to avoid the Historical Preserve Area on TMK: 7-8-010:004. This stubout shall eventually connect to a mauka-makai connector road within TMK: 7-8-010:004 that shall intersect with the Kahului-Keauhou Parkway. This stubout shall be completed with the first subdivision phase of the proposed project even if insufficient water commitments are available to complete the entire project. (3) One stubout to the adjoining property to the west(TMK: 7-7-008:001)unless the [fit] Applicant chooses to build Alternate I under Condition H. (4) Concrete curbs, gutters, appropriate drywells, and sidewalks for all streets within the proposed project which shall meet the County dedicable standards of the Department of Public Works. (5) Streets and stubouts within the proposed project that shall be constructed to County dedicable standards and shall be dedicated to, and accepted by, the County upon completion; and (6) Crosswalk(s) as determined by the Department of Public Works. J. All development-generated runoff shall be disposed of on-site and shall not be directred toward any adjacent properties. K. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed or secured by a bond or other acceptable forms of surety, 3 meeting with the approval of the Department of Public Works prior to receipt of Final Subdivision Approval. The drainage study shall include potential impacts from the Kahului-Keauhou Parkway culverts. L. The proposed subdivision shall connect to the County sewer system. Any new sewer extension to the public sewer system requires the submittal of a sewer study by the [ffppIiearrt] Applicant to the County of Hawaii Wastewater Division (COH-WWD). The sewer study is intended to define the wastewater flow contribution from the proposed site, evaluate the impact to the existing sewer system, and propose an appropriate sewer extension alignment based on the results of the sewer study. The sewer study shall be prepared in accordance with the City & County of Honolulu Design Standards. Design plans for construction of a proposed sewer extension shall also be submitted to the COH-WWD for review and approval. Documents shall be prepared in accordance with Hawaii County Code, Chapter 21 - Sewers, Hawaii Administrative Rules, Title 11, Chapter 62—Wastewater Systems, and COH-WWD Sewer Standards. M. The ["rte] Applicant and its successors in interest shall be responsible for any noise abatement measures for the subject property,which may be required to qualify the Kahului-Keauhou Parkway for Federal funding. Until the completion of the Kahului-Keauhou Parkway through the subject property, covenants in all deeds to subject property, including deeds to individual units and to any lots subdivided from the subject property, and promotional and sales materials given to prospective purchasers, shall inform prospective owners of the following: "Plans for the area involve the construction of the Kahului-Keauhou Parkway within a right-of-way shown on the attached map. The Kahului-Keauhou Parkway will be a major highway that is expected to carry a high volume of traffic. The County of Hawai`i has determined that the construction of this highway is important to the proper development of Kona as a whole. The construction of the Kahului-Keauhou Parkway will create noise, dust, and other impacts. The contractor building the Parkway will be required to follow some regulations to reduce noise and dust, but some impacts will occur. After completion, traffic on the Kahului- Keauhou Parkway will cause noise and other 4 effects that must be expected from a busy roadway. A prospective purchaser who cannot accept the future construction of the Kahului-Keauhou Parkway in this area is advised to seek another area to reside. This property was rezoned on condition that if noise abatement measures between the Parkway and adjacent residences in this project must be taken to qualify the Kahului-Keauhou Parkway project for Federal funding, the residential owners would be required to pay for the noise abatement." The sales materials and covenants do not have to follow the exact wording of this condition but shall inform the prospective purchasers of the substance of this condition. N. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. O. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. P. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. Q. [ 24442 and 2453 4) shall be s4fnit4ed to toe PI=NR 14PP f,,,-r-eviewand „ al ] The Applicant shall comply with all requirements of the Final Archaeological Data Recovery Plan, Land oL&apala`alaea 2 Ahupua`a, North Kona District, Island ofHawai`i, (TMK 3-7-7-08:105, 113, 119, 121) accepted by the Department of Land and Natural Resources State-Historic Preservation Division (DLNR-SHPD)by letter dated May 27, 2010 or any amendments thereto for the sites found on the subject ro e R. [A rlTr—eat eiit Plan for- Site 'fin 842 shall be s4„nit4e.a for-toe ,-o o n appr-eval of the Dl.,,,,,;,,.t 71;,-eete,-; eenstilta4ion w44 toe PI RTD NPP .,n 5 iircccguti6, lans are f4ii lite d. ArEAp Orcrie appr-eve'a rlTreatrim .] The Applicant shall comply with all requirements of the Final Burial Site Component ofan Archaeological Preservation Plan for Site 50-10-37- 24842 and Poritons of Site 24534, TMK L) 7-7-008:121, Kapala`alaea 2 Ahupua`a, North Kona District, Island ofHawai`i, accepted by the Department of Land and Natural Resources State-Historic Preservation Division (DLNR-SHPD) by letter dated May 8, 2017 or any amendments thereto. All required temporary and permanent preservation buffers shall all be depicted on the site plans of any subsequent subdivision maps, land alteration permits and building permits. S. [ , toe immediate ., shall eease and toe Tlop.,,-tmei t of Land and Natural Resetir-ees 14iste, D,- a4ie,, Piyisiei (PI=NR HPP) shall be ; odiately toe PI RTD NPP w hei it 1`4ids that sti ffi ieiit fnit;- .; ,, ur-es hai e be takeii.] 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. T. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the [fit] Applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. Prior to final subdivision approval, [fit] Applicant shall have entered into an agreement with the county in a form approved by the Administrator of the Office of Housing and Community Development for satisfaction of its requirement under Chapter 11 and shall have provided security 6 to the county,which security shall be in a form that is acceptable to the county in its sole discretion, for full satisfaction of its affordable housing requirement. U. The [app4ea+4] Applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance,whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance,based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a maximum combined value of [Q"� ] $15,057.57 per single-family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: • [$540] $7,261.03 per single-family residential unit to the County to support park and recreational improvements and facilities; • [$2666] $350.27 per single-family residential unit to the County to support police facilities; • [$ ] $691.83 per single-family residential unit to the County to support fire facilities; • [$231.45] $302.89 per single-family residential unit to the County to support solid waste facilities; • [$4,929.90] $6,451.55 per single-family residential unit to the County to support road and traffic improvements; 7 In lieu of paying the fair share contribution, the [fit] 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. The [art] Applicant shall receive a credit against the fair share contribution required for road and traffic improvements outside of the proposed subdivision in the amount of the costs of construction as described in Condition H herein. V. 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. W. The [appiiearrt] Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. X. An annual progress report shall be submitted to the Planning Director prior to the effective date of[the] this amended ordinance. The report shall include, but not be limited to, the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. Y. [ eir-etimstanees: i. The+ie+i per-f,,.,,,a e is the r-estilt of ee+id4ie+is t4at „l,a r„t ha e bee+ o or-Zoning Code. 8 4 . The tifne e tens.,,, granted shall be f9r- ., period ret to e*eeed t e period 1 11 granted f9r-pCrimee !; a eeii itcieii to be per-fvrfm ] If the Applicant should require an additional extension of time, the Planning Department shall submit the Applicants' request to the County Council for appropriate action. Z. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. 9 I� 15 N r. RS-7.5 fB Q R -1 -i -T. A-U 11,68079S "61"F KAHELO-A A-U RS-7.5RU-15 R1AA5 AGRICULTURAL 5 ACRES 4A-5ay TO SINGLE-FAMILY RESID TIAL �_ J l 7,500 5 UAR FEET S-TS 11.05 ACRES _� + RS-16 OPEN RN-3.5 ft$a5 I 0 475 950 1.900 ZBSD 3,800 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 5 ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL 7,500 SQUARE FEET (RS-7.5) AT KAPALAALAEA 2ND, NORTH KONA, HAWAII MAP PREPARED 8Y! 7-008:121 COUNTY OF HAWAII PLANNING DEPARTMENT DATE:November 28 20d EXHIBIT "A" FOR REFERENCE ONLY (KMaHekhb,LLC:1241)