HomeMy WebLinkAbout2017-06-01 Windward Planning Commission Minutes Exhibits 1-3 (Admin Matters)APPLICATION FOR PLANNING DEPARTMENT PERMIT
❑ Additional Farm Dwelling
4
J Cluster Plan Development
❑ De Minimus Yard Encroachment
El Agricultural Project District
❑ Change of Zone
❑ Planned Unit Development
❑ Project District
Administrative Permits (Select At
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❑ Non -Significant Zone Change
❑ `Ohana Dwelling
❑ Plan Approval
qg Commission Permits (Select
❑ Shoreline Setback Variance
❑ SMA Assessment
❑ SMA Major Permit
❑ Special Permit
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PLEASE PRINT CLEARLY OR USE FILLABLE FORM
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„APPLICANT/PETITONE� (S) (IF OTHER THAN APPLICANT)
Name: Name:
Mailing Address: Mailing Address:
City: 7 State: Zip: City. State:
Day Ph.: ( ) Email: Day Ph ( ) Email.
Signature: Date: Signature: Date:
CONSULTANT/REPRESENTATIVE OTHER
Name: Name:
Mailing Address: Mailing Address:
'ity State: Lip: City: State. Zip:
Day Ph ( ) Email Day Ph ( ) Email:
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Signature: Date: Signature: Date
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Please indicate to whom the Planning Department Original: Copies
should send original correspondences and copies.m
Please Note: Signing the application above indicates that to the best of your knowledge, all the information provided for this application is true
and complete. It is understood that the Planning Director or Planning Commission may nullify any decision made in reliance upon information
given on this application form should there be any willful misrepresentation or willful lack of full disclosure on the part of the ,signee.
PROJECT INFORMATION
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'Tax Ma Ke s : 3 Size of Property or Affected Area(s):
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Address(es): �� City: State: Zip:
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Project Description:
State Land Use. Zoning: LUPAG: SMA:
..
County of i3awai`i Planning Department
East Hawaii Office: t` West Hawaii Office:
101 Pauahi Street, Suite 3`�ycy�Q[,1U74-5044 Ane Keohokalole Hwy
Hilo, Hawaii 96720 C Kailua-Kona, Hawaii 96740
Phone (808) 961-8288 Phone (808) 323-4770
Fax (808) 961-8742 Fax (808) 327-3563
www.coholanningdept.com Hmvai'i County is an Equal Opportunity Provider and Employer 0anningno.hawaiicounty.gov
❑ Subdivision
❑ Subdivision Code Variance
❑ Zoning Code Variance
PLANNED UNIT DEVELOPMENT Q&A
For additional guidance on P.U.D.s please consult Planning Commission Rule 16
What is the Purpose of a P.U.D.?
The purpose of P.U.D. is to encourage comprehensive, inclusive site planning for a project area. This
includes planning for structures (uses, sizes, locations, and architectural character), subdivision of
land (including number of lots and lot layout), infrastructure (roads, access and utility easements,
and pedestrian and drainage improvements), parking, public areas, and landscaping.
Additionally, project site planning should be compatible with the character of the surrounding
community and that adapts the design of development to the particular characteristic of the land.
Finally, P.U.D.s allow for deviations from the zoning and subdivision codes to diversify the
relationships of various uses, buildings, structures, open spaces and yards, building heights, and lot
sizes in planned building groups in order to ensure the purpose of a P.U.D. as a comprehensive
development that is compatible with the character of the surrounding community.
What is the minimum land area required for a P.U.D.?
The minimum land area required for a P.U.D. is two (2) acres.
What is the Processing Timeline for a P.U.D. permit?
The following is a summary of the common timelines for the P.U.D. permit process:
1. After submitting your P.U.D. application, the Planning Director has 15 -days to review
for completeness. The Director will either determine the application is complete and
accept it, or determine it is incomplete and return the application listing the
information missing from the application.
2. Within 90 -days from the acceptance of completed application, the Planning
Commission will conduct a public hearing. During that 90 -day period, the Planning
Department consults with other federal, state, and county agencies to determine
requirements you may need to meet to develop your project. The Planning Director
will issue a Background and Recommendation report which may include conditions
that need to be met based on consulted agency comments.
3. During the public hearing, Planning Department staff will provide a presentation to
the Planning Commission, the applicants will have an opportunity to present and
answer questions from the Planning Commission, the public will have an opportunity
to provide testimony and the Planning Commission will likely vote.
4. Within 60 -days following the close of the public hearing, the Planning Commission
will either deny or approve the P.U.D. application with conditions.
PLANNED UNIT DEVELOPMENT Q&A
What criteria will the Planning Commission use to grant a P.U.D. Permit?
There are several criteria that the Planning Commission will use to grant a P.U.D. permit, these
include:
Whether a P.U.D. development can start and be completed within a reasonable
period of time.
2. How well the proposed P.U.D. conforms to the General Plan, applicable Community
Development Plans (CDPs), applicable master plans, and applicable design
guidelines.
3. How well deviations/exceptions from Zoning and Subdivision code create a
development that is more keeping with the character of the surrounding community.
4. For residential/agricultural P. U.D.s, the Planning Commission will look for how well
the proposed P.U.D. design fits with the character of the surrounding area, while
ensuring no increase in density, and maintaining open space standards of the zoning
district the P.U.D. is located in.
5. For commercial P.U.D.s, the Planning Commission will look at how well the proposed
P.U.D. design will create an attractive development, which does not adversely impact
surrounding properties/developments, avoids excessive traffic congestion, and
provides for proper access, internal traffic, and parking.
6. For industrial P. U.D.s, the Planning Commission will look for how well the proposed
P.U.D. design will provide an efficient/well organized development, provide for
adequate freight service and storage, no adverse impact on surrounding
properties/developments.
Please note, the Planning Commission is not required to approve all of the requested uses,
plans, code deviation requests, etc., rather they can approve some and deny others based on
how well they meet approval criteria.
What are the requirements for notifying Surrounding Property Owners?
Between the time the application is accepted and the Public Hearing is held, you will need to
post a sign on the property and notify surrounding property owners. See attached
instruction sheet.
What are the next steps following approval of the P.U.D. Permit?
Once a P.U.D. permit is granted by the Planning Commission, the permittee will be
responsible for complying with all conditions of approval which can include timelines to start
and complete development, meeting minimum development standards, infrastructure and
utility improvements, and compliance with other agency rules and regulations. Lack of
compliance could lead the Planning Commission to revoke the P.U.D. permit.
PLANNED UNIT DEVELOPMENT (P.U.D) APPLICATION REQUIREMENTS
AN ORIGINAL AND TWENTY COPIES OF THE P.U.D. APPLICATION SHALL BE ACCOMPANIED BY:
1. A filing fee of $500.
2. A written description of the proposed project, including the following information:
(a) A description of the property to provide the Planning Department with enough
information to determine the location of the land involved in the P.U.D. You can
provide and address, Tax Map Key(s), a metes and bounds survey, etc. Please
note that the minimum land area for a P.U.D is 2.0 acres.
(b) A discussion of the objective, purpose, and reasons for your P.U.D. request and
how it meets the criteria for approval of a P.U.D. indicated in section 16-9 of the
Planning Commission Rules.
(c) A list of all requested deviations from the requirements of the Zoning Code
(Chapter 25, Hawaii County Code) and Subdivision Code
(Chapter 23, Hawai'i County Code).
(d) A discussion of the construction timetable of the proposed development,
including proposed start and completion timelines.
(e) A discussion of how the proposed development relates and conforms to the
General Plan, and adopted community development plan for the project area,
any adopted master plan for the project area, and any adopted design
guidelines/standards for the project area.
3. A site plan, drawn to scale and fully dimensioned, comprising a general development
plan covering the entire area of the P.U.D. clearly showing the following information:
(a) The uses, dimensions, and locations of all existing and proposed structures.
(b) Alignments of existing and proposed streets and existing and proposed access
and utility easements. Separately provide cross sections and details showing
existing and proposed street widths and pedestrian and drainage improvements.
(c) Any proposed subdivision of property for individual parcel sale.
(d) Parking areas, both on -and off-street.
(e) Public areas and uses.
(f) Landscaping and open spaces.
9
PLANNED UNIT DEVELOPMENT (P.U.D) APPLICATION REQUIREMENTS
4. Architectural drawings for all buildings demonstrating the design and character of the
proposed buildings and uses. If the project area is within a special design district within
Kailua Village or Pahoa Village, the application will need to include architectural
drawings for and proposed single-family dwellings. Please contact the Planning Division
to determine if this is applicable prior to submittal of the P.U.D. application.
5. A visual depiction of all of the requested deviations from code called for in
Section 2 (c) above.
Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works -
Engineering Division).
7. Archaeological and Hisorical Resources: Describe and show on the site plan any known
historic and archeological resources on the property. Examples include human skeletal
remains, structural remains, sand deposits, midden deposits, and lava tubes. Please be
aware that a hearing before the Planning Commission may not be held until the
Planning Department determines resources on the property are adequately identified,
recorded, mitigated and/or preserved.
8. Valued Cultural Resources: Identify any traditional and customary native Hawaiian rights
that are exercised in the area; the extent in which the proposed development will affect
these rights; and feasible action to be taken to protect native Hawaiian rights if they
exist. Examples include areas of traditional collection of terrestrial resources (ki leaf,
aho chord, thatch, medicinal plants and ferns) or marine or riparian resources (limu,
'opae, 'o'opu, Mhiwai) used for subsistence, cultural and religious purposes. Traditional
and customary rights may also inclusde rights of access to the archaeological and
historical resources of the property.
9. Floral and Faunal Resources: Describe the types of wildlife and vegetation on the
property. Explain whether there are native, threatened or endangered species on the
property or in the general area.
10. Public Access: Existing public access to and along the shoreline or to mountain areas and
knowledge of whether public access is being used.
11. A list of the names, addresses and tax map key numbers or all surrounding owners and
lessees of property interests in property within the boundaries established by section
25-2-4 of Chapter 25, Hawai'i County Code as amended.
12. A certificate of clearance from the County Director of Finance stating that the real
property taxes and all other fees relating to the subject parcel(s) have been paid, and
that there are no outstanding delinquencies.
13. Any other information or plans deemed relevant by the Planning Director to facilitate
processing the application request.
COUNTY OF HAWAIJ
PLANNING DEPARTMENT
Requirement to Inform Surrounding Property Owners and Lessees of
Contested Case Procedure
These requirements are prepared in accordance with the Planning Commission's Rules of
Practice and Procedure, Rule 4, Contested Case Procedure, effective 6/xx/17. Rule 4,
Contested Case Procedure affects "all cases where the action of the Commission is the final action of
a County official or agency, prior to the opportunity for appeal to Circuit Court, whenever it is
required. It shall therefore be followed in all cases where statutes provide for direct appeal from the
Commission to Circuit Court." Applications affected by Rule 4 include Planned Unit Development
Permits, Special Permits, Shoreline Setback Variances, Special Management Area (SMA) Use
Permits and Use Permits.
First Notice
Within (10) days after the Planning Department or Planning Commission has officially
acknowledged receipt of your application, you are required to serve notice of your application on
surrounding property owners and lessees of record, in accordance with the Hawaii County
Zoning Code, Section 25-2-4.
Second Notice
Planned Unit Development Applications, Special Permit Applications, Shoreline Setback Variance
Applications and Use Permit Applications: You are required to serve a second notice to surrounding
owners and lessees of record within ten (10) days after receiving notice from the Director of the date
of the scheduled hearing but not less than ten (10) days prior to the date of the scheduled hearing.
SMA Use Permit Applications: You are required to serve a second notice within ten (10) days after
receiving notice from the Director of the date of the scheduled hearing but not less than twenty (20)
days prior to the date of the scheduled hearing.
Both notices shall include the following information:
Name of the applicant;
Precise location of the property involved, including tax map key identification, location
map and site plan;
Nature of the application and the proposed use of the property;
4. Date on which the application was filed with the director or the commission;
5. Inform the landowner and lessee that they have aright to submit a written request for a
contested case procedure. Should they seek to intervene as a party, they shall file a
written request on the attached form, "Petition for Standing in Contested Case Hearing."
You should include this form in both notices to the landowners and lessees. The request
shall be filed with the Planning Commission at Aupuni Center, 101 Pauahi Street, Suite
3, Hilo, Hawaii 96720; and accompanied by a filing fee of $200 payable to the Director
of Finance. The required information shall be submitted no later than seven (7) calendar
days, prior to the Commission's first scheduled public hearing to consider the application;
Inform the landowner and lessee that should they choose not to submit a written request
for a contested case procedure, they may express their support/opposition in writing or by
oral testimony at the Planning Commission public hearing to be scheduled; and
7. Planning Department mailing address and phone number should there be any questions.
In addition, the second notice shall include the date, time and place that the scheduled public hearing
will be held to consider the application.
Who Should Be Notified?
When the subject property is located within the State Land Use Urban or Rural District, notice shall
be served to owners and lessees of record of all lots within three hundred feet (300') of the perimeter
boundary of the subject property.
When the subject property is located within the State Land Use Agricultural District, notice shall be
served to owners and lessees of record of all lots within five hundred feet (500') of the perimeter
boundary of the subject property. Except that if the surrounding properties are located within either
the State Land Use Urban or Rural District, notice shall be served to owners and lessees of record of
all lots within three hundred feet(300') of the perimeter boundary of the subject property.
Data available from the Real Property Tax division of the Department of Finance shall be utilized in
determining the names and addresses of the affected owners and lessees of record.
The applicant shall also provide notice to such other owners and lessees of record when the applicant
has actual knowledge of such names or as informed by the Planning Director or
Planning Commission.
Proof of service for the first notice and second notice shall be submitted to the Planning Director or
Planning Commission prior to the date of public hearing. Proof of service may consist of certified
mail receipts, affidavits, declarations or the like. The list of names, addresses and tax map keys of
those individuals notified and one copy of the first and second notification letter shall also be
submitted.
Should you have any questions, please contact the Planning Department at 961- 8288 or 327-4770.
Updated 6/xxt 17
PHONE NO.:
APPLICANT/
DOCKET NO.:
A. Is your interest in this matter clearly distinguishable from that of the general public?
Yes No
If the answer is "yes", please explain:
If the answer is "no", please explain how the proposed action will nevertheless cause you
actual or threatened injury:
B. Are you a government agency whose jurisdiction includes the land involved in the
subject request?
Yes No
If the answer is "yes", please explain the nature of the agency's jurisdiction:
f , Do you lawfully reside on or have some property interest in the land involved in the
subject request?
Yes-----.-----
If
esm....-..--..............If the answer is "yes", please explain:
Appendix A
PETITION FOR.. STANDING IN A CONTESTED CASE HEARING
(Page 2 of 2)
D. Are you a person or persons descended from native Hawaiians who inhabited the
Hawaiian Islands prior to 1778, who practiced those rights which were customarily and
traditionally exercised for subsistence, cultural, or religious purposes?
Yes No
If the answer is "yes", please submit any genealogical evidence and historical evidence
showing the exercise of those rights to support your statement:
.......... �..�._�..�._.._.._�...
Petitioner's Signature
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On this day of 20 , before me personally appeared
_..._..... .__..._._
to me known to be the person described in and who executed
the foregoing instrument, and acknowledged that he executed the same as his free act and deed.
Notary Public, State of Hawaii
My commission expires:
Appendix A
POSTING OF SIGNS FOR PUBLIC NOTIFICATION
In accordance with Chapter 25 (Zoning Code), Article 2, Division 1, Section 25-2-12,
Hawaii County Code 1983 (2005 Edition) and / or Planning Commission Rules of Practice
and Procedure, within ten (10) days of being notified of the acceptance of an application, the
applicant shall post a sign on the subject property notifying the public of the following:
The nature of the application;
2. The proposed use of the property;
The size of the property;
4. The tax map key(s) of the property;
5. That the public may contact the Planning Department for additional information;
and
6. The address and telephone number of the Planning Department.
The sign shall be not less than nine square feet and not more than twelve square feet in area, with
letters not less than one inch high. No pictures, drawings, or promotional materials shall be
permitted on the sign.
The sign shall be posted at or near the property boundary adjacent to a public road bordering the
property and shall be readable from said public road. If more than one public road borders the
property, the applicant shall post the sign to be visible from the more heavily traveled public
road.
The sign shall, in all other respects, be in compliance with Chapter 3 (Signs), Hawaii County
Code 1983 (2005 edition).
The applicant shall file an affidavit with the Planning Department not more than five (5) days
after posting the sign stating that a sign has been posted, and that the applicant will not remove
the sign until the application has been granted, denied, or withdrawn. A photograph of the sign in
place shall accompany the affidavit.
The sign shall remain posted until the application has been granted, denied, or withdrawn. The
applicant shall remove the sign promptly after such action.
William P. Kenoi
Mayor
West Hawaii Office
74-5044 Ane Keohokalole I lwy
Kailua-Kona, Hawaii 96740
Phone(808)323-4770
Fax (808) 327-3563
May 1, 2015
County of Hawaii
PLANNING DEPARTMENT
Michael J. Riehm, AIA, NCARB
Riehm Owensby Planners Architects
P.O. Box 390747
Kailua-Kona, HI 96739
Dear Mr. Riehm:
SUBJECT: Application: PLANNED UNIT DEVELOPMENT (PUD -15-000029)
Applicant: RIEHM OWENSBY PLANNERS ARCHITECTS
Owner: LA'AU, LLC
Request: PUD: IPU PLACE
Tax Map Key: 6.5.002:147 & 161
Duane Kanuha
Director
Bobby Command
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone(808)961-8288
Fax (808) 961-8742
Upon review of the subject Planned Unit Development application and agency comments, the Planning
Director, hereby, approves PUD -15-000029 to allow the development of a master -planned community
consisting of 10 single family lots on the subject property. This PUD approves exceptions from Chapter 25
(Zoning) and Chapter 23 (Subdivisions) based upon the following background and findings.
BACKGROUND
APPLICANT'S REQUEST
Request. The owner, LA'AU, LLC, through the applicant is applying for a PUD to develop the subject
properties, TMK: 6-5-002:147 & 161, as a master -planned community consisting of 10 single family
residential lots and roadway/landscaping easements. The applicant is requesting a PUD to allow for
multiple exceptions from Chapter 25 (Zoning) and Chapter 23 (Subdivisions) in order to achieve the
design principles for the subject development. Approval of the requested exceptions would also enable
the applicant to implement the design guidelines of a planned residential community that is more in
keeping with the character of the local area that is consistent with the existing character similar to other
homes within the Waimea area.
2. Exceptions Requested and Reasons — Hawaii! County Code (HCC), Chapter 25 (Zoning)
A. Minimum Street Frontage. (HCC §25-4-30). The request is to allow the street frontage of a lot to
be less than the required 50% of building site average width for lots, This exception would allow
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Michael J. Riehm, AIA, NCARB
Riehm Owensby Planners Architects
Page 2
May 1, 2015
other than flag lots and lots at the end of a cul-de-sac to be designed without having to meet this
requirement, With the project's unique street and lot layout designed to create a rural character
and to mitigate traffic speed, the requirements of Section 25-4-30 become restrictive to the projects
overall design goals.
B. Minimum Building Site Area; Minimum Building Site Average Width. (HCC §25-4-31). With
the project's unique street and lot layout designed to create a rural character and to mitigate traffic
speed, the requirements of Section 25-4-31 become restrictive to the projects overall design goals.
C. Reduction of Building Site Below Minimum Area. (HCC §25-4-32). With the project's unique
street and lot layout designed to create a rural character and to mitigate traffic speed, the
requirements of Section 25-4-32 become restrictive to the projects overall design goals.
D. General Requirements for Yards and Open Spaces. (HCC §25-4-40). With the project's unique
street and lot layout designed to create a rural character and to mitigate traffic speed, some of the
lots have an atypical relationship to the street. In order for the homes on these lots to better create
a rural and traditional neighborhood environment, a re -designation of the yards is requested.
Through the use of the yard designations as specified in the exhibits (attached), an intimate and
human scaled environment, conducive to pedestrian activities is created.
E. Corner Building Sites. (HCC §25-4-42). With the project's unique street and lot layout designed
to create a rural character and to mitigate traffic speed some of the lots have an atypical
relationship to the street. In order for the homes on these lots to better create a rural and
traditional neighborhood environment, a re -designation of the yards is requested. Through the use
of the yard designations as specified in the exhibits, an intimate and human scaled environment,
conducive to pedestrian activities is created.
F. Fences and Accessory Structures. (HCC §25-4-43). The request is to allow for retaining walls
that exceed 6 feet in height when used to retain the grade be permitted to be on the boundary line
and without any front, side, or rear yard requirements.
Due to the prevalent slopes on the Island of Hawai'i, retaining walls are often required at the
property line to manipulate the grade to provide buildable lot pads. These retaining walls should be
permitted at the property lines without any front, side or rear yard requirements in order to develop
a more useable site area.
This request is to allow any accessory structure, architectural feature, wall, fence, or any other free
standing architectural feature over six feet in height to extend into any required front, side or rear
yard.
A variety of free standing architectural features may be used to create the desired character and
ambiance of the neighborhood. These features may be in the form of walls, gates, arbors and
y
Michael J. Riehm, AIA, NCARB
Riehm Owensby Planners Architects
Page 3
May 1, 2015
trellises which in some cases may be over six feet in height. Freedom in location of these items is
critical to developing an intimate neighborhood character. The locations of these items will be pre-
determined and the CCR's will control any abuse of this variance by the residents of the
neighborhood.
G. Minimum Yards. (HCC §25-5-7). One of the design goals for the community is to develop an
intimate and human scale environment that has a distinct "sense of place." In order to achieve this
goal, control on the placement of the homes on the lots is mandatory. The homes will be designed
to take maximum advantage of the site with the yard setbacks requested. Also, the side yards are
designed to have one large side yard and one smaller side yard in order to provide for a more
useable side yard on one side of the house versus two smaller side yards.
H. Other Regulations. (HCC §25-5-8). With the project's unique street and lot layout designed to
create a rural character and to mitigate traffic speed, the requirements of Section 25-5-8 become
restrictive to the projects overall design goals thus the request that there be no minimum average
width.
3. Exceptions Requested and Reasons — HCC, Chapter 23 (Subdivisions)
A. Block Sizes. (HCC §23-29). This requests that blocks sizes be allowed to be less than 400 feet in
length to encourage pedestrians to walk versus drive to a destination. Studies have shown that
pedestrians will walk versus drive when a destination is within a five minute walking distance or
1,350 feet. Therefore, blocks less than 400 feet in length may encourage residents to walk to visit
their neighbors versus driving.
B. Lot Size, Shape and Setback Line. (HCC §23-32). As part of the application for a PUD,
exceptions are requested herein concerning the standards for lot size, width, shape, orientation
and building setback lines which are different from the standards detailed in the Zoning Code.
C. Access to Lot From Street. (HCC §23-34). An access and utility easement is used, in lieu of a
public street or private street, to provide both vehicular access and utility service to all the lots.
D. Lot Side Lines. (HCC §23-35). The yard designations are atypical due to the layout of the streets
and to keep the lots more rectangular in shape versus lots with lot lines that are not parallel. Some
of the lots have side yard designations which run parallel to the street. These exceptions to the
yard designations are requested in order to create the intended neighborhood character and to aid
in not losing to many lots since the project is already well below the allowable density.
E. Minimum Right -of -Way and Pavement Widths. (HCC §23-29). Reduced street right-of-ways and
pavement widths are requested in order to mitigate traffic speed and to create a rural scaled
neighborhood environment. Studies have indicated that the wider the pavement surface, the
higher propensity for traffic violations such as speeding, running stop signs and so on. The reason
Michael J. Riehm, AIA, NCARB
Riehm Owensby Planners Architects
Page 4
May 1, 2015
for this is the wider the street, the more the motorist thinks it owns the space. Whereas in a
narrower street, the pedestrian feels it controls the space. With the reduced minimum yards and
narrower streets, the homes will do more to create a defined sense of space at the street, one of
the design goals for the project. The main street is located in an access utility landscape easement
which varies in width and the roadway pavement may be approximately ± 18 and 20 feet in width.
F. Future Extensions of Streets. (HCC §23-44). Due the relative small size of the proposed project
and limited amount of generated traffic flow, street extensions would compromise the scale and
desired character of the proposed neighborhood,
G. Intersection Angles; Corner Radius. (HCC §23-45). This request would allow streets to be
permitted to intersect and have radius and or dimensions at the right-of-way lines to provide for a
higher level of pedestrian safety at these locations. This will help with the traffic calming effect of
the roadway network.
One of the major impediments to safe pedestrian movement in a residential community is the large
turning radius at street intersections. The large radius increases the walking distance from curb to
curb, requiring the pedestrian to spend more time in the intersection. With this increased distance„
the pedestrian must calculate, far in advance, an oncoming vehicle, to determine if they are able to
safely make the crossing. This is handled with more ease for some of the residents but becomes
increasingly more difficult for the elderly. The reduced corner radius along with a reduced speed
limit (± 15 m.p.h.) should provide for a more pedestrian friendly environment.
H. Cul-de-sacs. (HCC §23-48). In lieu of a cul-de-sac, an alternate turnaround is used to provide a
paving area that is more in scale with the character of the neighborhood versus a large expanse of
pavement Surface.
I. Grades and Curves. (HCC §23-50). The purpose of requesting a PUD designation for the project
is to have increased design flexibility in developing a more creative master plan and community
environment than would typically be possible through the use of a typical subdivision layout and
standards. Street design is critical to achieving this goal, and as such, design flexibility is required.
J. Protection From Existing or Proposed Arterial Streets. (HCC §23-51). Due to the unique
layout of the lots, the two lots that are contiguous to Kawaihae Road shall have a front yard or side
yard facing this street. The lot with the side yard facing Kawaihae Road has a large setback line
from the road due to the location of the access utility landscape easement location.
K. Sidewalks. (HCC §23-89). The project shall have sidewalks on one side of the street in some
areas where possible but design flexibility is requested which may vary from the specifications of
the County of Hawai'i Department of Public Works,
Michael J. Riehm, AIA, NCARB
Riehm Owensby Planners Architects
Page 5
May 1, 2015
L. Curbs and Gutters. (HCC §23-91). The project shall use curbless streets to provide for a more
rural feeling in the neighborhood. If curbs are used, then they may be similar to the type as
detailed in the County "Standard Details for Public Works Construction," Detail R-1, Precast
Concrete Curb. This curbing profile is more in character with a traditional neighborhood setting
than the typical curb and gutter details typically found in our modern subdivisions.
M. Street Lights. (HCC §23-93), The use of a custom lighting fixture will reinforce the desired
character of the neighborhood and be more sympathetic with the overall design goals of the
project. The use of a custom fixture will provide the design flexibility to choose a different housing
color and decorative style than what is permitted by the County standards.
N. Street Name and Traffic Signs. (HCC §23-94). The use of a custom street name and traffic sign
fixture will reinforce the desired character of the neighborhood and be more sympathetic with the
overall design goals of the project. The use of a custom fixture will provide the design flexibility to
choose a different housing color and decorative style than what is permitted by the County
standards.
0. Right -of -Way Improvement. (HCC §23-95). The right-of-ways may have a variety of treatments
such as pavers, street trees, and landscaping, which will be used to develop the desired character
of the neighborhood. Design flexibility is required in this area to be able develop a rural scaled
environment.
4. Project Description/Objectives. The project is designed to address the needs and lifestyle of
residents who want to live in a planned residential community that is more in keeping with the character
of the local area versus a county standard subdivision layout which would stand in stark contrast. The
project consists of 10 single family residential lots, landscaped easements, and a streetscape designed
to create a sense of place with a rural character which will:
A. Provide a neighborhood that encourages a sense of community and promotes social interaction;
B. Provide a streetscape that is more in keeping with the unique character of Waimea's rural roads;
C. Develop a master plan that mimics the local context and existing landscape; and
D. Through the use of CC&R's, encourage housing design that both respects the historical
architecture and encourages energy efficiency through the use of passive and active solar devices.
5. Project Timeline. The applicant proposes to implement the development in a single phase in
accordance with the following preliminary schedule, subject to permit approvals and economic
conditions:
A. Permit Approvals:
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1. PUD and Subdivision Approval: 12 months; December 2014 to December 2015,
2. Site Work: 12 months; January 2016 to January 2017.
3. Completion of Sales: 2 years; February 2017 to February 2019.
6. Notification to Surrounding Property Owners/Posted Sign. Pursuant to Section 25-6-4(a) of the
HCC, the applicant submitted evidence, dated February 4, 2015, regarding the posting of a public
notification sign on the subject property. A picture of the posted sign was also submitted (Section 25-2-
12). Further, verification was submitted that notices of the application were sent on December 26,
2014 & January 12, 2015 to the surrounding property owners (Section 25-2-4).
DESCRIPTION OF PROPERTY
7. Subject Property. The subject properties (TMK's: 6-5-002:147 & 161), hereinafter, referred to as
"Project area", consists of a total of 2.59 acres and is currently vacant. The Project area is situated
within the District of South Kohala, Hawai'i approximately 0.5 miles to the west of Waimea town
commercial center. It is located on the north (mauka) side of Kawaihae Road, within a predominately
residential area.
Elevations within the Project area range from approximately 2,620' at the lowest point, to 2,648' at the
highest point providing an elevation range of 28 feet. Views in all directions are existing homes
scattered in a rural landscape
8. Current Entitlements/Existing permits and approvals. The Project area is undeveloped and the RS -
7.5 zoning is the original zoning.
9. USDA Soil Type. The property is listed as type 383 — Waimea medial very fine sandy loam, generally
soils of ash fields on lava flows, considered prime farmland if irrigated.
10. Land Study Bureau (LSB) Soil Rating. The property is not rated by the LSB.
11, ALISH. The property is not rated as Agricultural Lands of Importance to the State of Hawai'i.
12, FIRM/Drainage. The property is located in Zone "X", which is an area determined by FEMA to be
located outside of the 500 -year floodplain. The proposed roadway design incorporates grassed
shoulders and swales which would help to reduce surface water and sediment runoff. Drainage will be
controlled through swales, drywells, and natural drainage ways that promote infiltration over runoff.
13, Flora and Fauna. No endemic species of animals or habitats were located on the property.
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14, Archaeological/Cultural/Historic Resources. An archaeological assessment survey of the project
area was conducted (Haun & Associates 2014). No archaeological sites or features were identified
during the survey, therefore the project is documented as an archaeological assessment pursuant to
Chapter 13-284-5(5A).
15. View Plane/Coastal Resources. The subject property is located mauka of Waikoloa Road within an
area of existing residential structures All structures, including dwellings, will be constructed in
conformance with the Zoning Code 35' height limit.
16. Surrounding Zoning and Land Uses. The property is situated within an area primarily designated for
residential uses within the State Land Use Urban District and County Zoning. Inasmuch as the
proposed Project will establish residential lots that are consistent with permitted density allowed by
zoning, the development of the Project will remain consistent with urban uses that prevail and/or are
proposed within the surrounding area.
STATE AND COUNTY PLANS
17. State Land Use District. Urban.
18. County Zoning. Single Family Residential -7,500 sq, ft. (RS -7.5). Minimum building site average width
is 60' and minimum yards are 15' for front and rear and 8' on sides.
19. General Plan Designation. The area is designated Low Density Urban by the Land Use Pattern
Allocation Guide (LUPAG) Map. This request would be consistent with the General Plan LUPAG Map
designation and will complement the goals, policies, and courses of action of the Economic -South
Kohala, Natural Beauty, and Land Use - Single -Family Residential Elements of the General Plan.
20, South Kohala Community Development Plan. The South Kohala Community Development Plan
(SKCDP) was adopted by the County Council on December 1, 2008. The project conforms to two of
the Overall Polices for Land Use in Waimea Town as detailed below:
Waimea Policy 1: Preservation of Waimea's Sense of Place
The project is designed to encourage residential development that is more reminiscent of our older
traditional small towns where the buildings were used to define pedestrian oriented streetscapes. This
type of planning strategy is more in keeping with the type of residential development that reflects
Waimea town's paniolo heritage.
Waimea Policy 2: Responsible Growth
The project is located in the town of Waimea with land that is currently zoned for this type of residential
use and for this type of growth. Utility infrastructure is available to the site along with major arterial
roadways.
Michael J. Riehm, AIA, NCARB
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Further, the South Kohala Community Development Plan (SKCDP) Action Committee did not submit
comments or concerns.
21. Special Management Area (SMA). The subject property is not located within the SMA.
22. Density. Based on applying the required 7,500 square feet minimum land area per dwelling unit against
the total land area of 2.59 acres, a total of 15 dwelling units would be the maximum density that is
allowable by zoning. Should the parcel be subdivided into the minimum lot size of 7,500 square feet
approximately 15 lots would be allowable.
The proposed development of 10 single-family will maintain lot sizes above the required minimum of
7,500 square feet and does not exceed the overall maximum density permitted by the zoning
designation.
23. HRS Chapter 343 (EIS): The project will not be utilizing any State or County lands or funds, and there
are no other Environmental Impact Statement triggers.
PUBLIC FACILITIES AND SERVICES
24. Access. Access to the Project area will be from the Kawaihae Road.
The Applicant, through this PUD, proposes that they be allowed to create internal subdivision roadways
to service its proposed development that will deviate from the minimum requirements of the Subdivision
Code. The Project's internal roadway system will incorporate private streets designed to reduce road
gradient and to help mitigate speeding traffic. These streets would have ± 18 and 20 -foot wide paved
travel ways and landscaped sides. Interior Minor Streets will be retained in private ownership. A
Homeowner's Association (HOA) will maintain all aspects of these streets.
Cul-de-sacs with turn -around areas within the internal roadway system shall be designed to
accommodate emergency vehicles and will be coordinated with the Hawai'i County Fire Department
(HFD) through HFD review of the subdivision construction drawings.
25. Water. The water system in the area is owned by the County of Hawaii. According to Department of
Water Supply (DWS), water can be made available to the development providing adequate water from
a potable water system. The development will be subject to covenants to include conservation
measures for water usage.
26. Sewer. Sewage disposal will be by individual wastewater systems (IWS) that meet all State and
County Requirements.
27. Electricity, Telephone and Cable TV. Power and communication services are accessible to the
Property from overhead lines in the Kawaihae Road right-of-way.
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28. Other Services. Fire protection is provided by the County from its Waimea substation. Police
protection is provided from its substation in Waimea. Refuse (solid waste) will be collected by private
contractors and hauled to the West Hawai'i landfill for disposal.
AGENCY COMMENTS
29. Department of Environmental Management (DEM): See attached memoranda dated January 9, 2015
(Solid Waste) and February 5, 2015 (Waste Water).
30. Department of Public Works (DPW) Building Division: See attached memorandum dated January 12,
2015.
31. Police Department (HPD); See attached memorandum dated January 22, 2015.
32. Department of Public Works (DPW) Traffic Division: See attached memorandum dated January 30,
2015.
33. Department of Water Supply (DWS): See attached memorandum dated February 13, 2015.
PUBLIC COMMENTS
34. As of this writing, the Planning Department has not received any written objections or comments from
the general public or adjacent landowners on the subject application.
FINDINGS - CRITERIA FOR APPROVAL OF PUD -15.000029
This PUD is granted in accordance with the following criteria and findings:
1, The construction of the Project shall begin within a reasonable period of time, from the date of
full approval and shall be completed within a reasonable period of time.
A. Permit Approvals:
1. PUD and Subdivision Approval: 12 months; December 2014 to December 2015,
2. Site Work: 12 months; January 2016 to January 2017.
3. Completion of Sales: 2 years; February 2017 to February 2019.
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2. The proposed development substantially conforms to the General Plan.
The proposed residential units are consistent with the General Plan LUPAG Map designation for the
Property of Low Density Urban (LDU). LDU allows for a residential with ancillary community and public
uses, and neighborhood and convenience -type commercial uses (residential up to 6 units per acre).
The proposed development will consist of 10 single family lots which will maintain lot sizes above the
required minimum of 7,500 square feet required in an RS zoned district. The Project, with the approval
of this PUD, will be developed at a density less than the allowable density of 15 lots not will not exceed
the overall maximum density permitted by the zoning designation.
The proposed development would also complement the goals, policies, and courses of action for the
Economic -South Kohala, Natural Beauty, Public Utilities and Land Use - Single -Family Residential
Elements of the General Plan,
The South Kohala Community Development Plan (SKCDP) was adopted by the County Council on
December 1, 2008. The proposed development is depicted on the Kawaihae Area Conceptual Plan
and referenced appropriately with its current zoning and General Plan designations. As the project
proposes residential purposes, it is consistent with the SKCPD district -wide policies and the general
land uses adjacent to it. The South Kohala Community Development Plan (SKCDP) Action Committee
did not submit comments or concerns. Therefore, the proposed development is consistent with the
requirements of the Zoning Code and the land use policies of the General Plan.
The proposed development shall constitute an environment of sustained desirability and
stability, shall be in harmony with the character of the surrounding area, and shall result in an
intensity of land utilization no higher than and standards of open space at least as high as
permitted or as otherwise specified for the district in which this development occurs.
The proposed subdivision will include 10 single family lots. The proposed density that will not exceed
the maximum density permitted by zoning, which is calculated at 15 units for the entire 2.59 acre
Project Site. Approval of this PUD will allow the applicant to configure the proposed lots and roadways
to realize a low density residential presence that is generally consistent with uses within this particular
area of South Kohala. The land mauka of this development is agricultural in zoning, however, it is also
urban and used residentially in nature.
This PUD would harmonize with the character of the surrounding area and will not compromise existing
and potential land uses within the surrounding area,
4. The development of a harmonious, integrated whole justifies exceptions, if required, to the
normal requirements of the Zoning and Subdivision Codes, and that the contemplated
arrangements or use, make it desirable to apply regulations and requirements differing from
those ordinarily applicable under the district regulations.
The project is designed to address the needs and lifestyle of residents, who want to live in a rural
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residential environment that is in harmony with the inherent natural beauty of the area, promotes social
interaction, encourages walkability, and is open space oriented. The project will consist of a total of 10
residential units with landscaping designed to respect the surrounding area. As stated by the applicant,
their objective is to create a low density residential neighborhood that conveys an open space feeling.
The approval of this PUD will allow deviations from the standard code requirements in order to
sensitively design the 10 single family lots in harmony with the inherent natural beauty and to maximize
the open space for the home sites. The exceptions allow for deviations from the Zoning and
Subdivision Code requirements and include: minimum street frontage; building site area and average
width; yards and open space; lot side lines; intersection angles and corner radius; cul-de-sacs; grades
and curves; minimum right-of-way and pavement widths; street lights, and street name and traffic
signage and right of way improvements, among others as detailed earlier in this letter.
The granting of this PUD will allow for greater flexibility by implementing design guidelines established
to enhance lot design and maximize the property's features to be complementary to existing
surrounding land uses. The property is located in Zone 'W', which is an area determined by FEMA to
be located outside of the 500 -year floodplain. Alternative roadway design standards will be
implemented to encourage lower traffic speeds. Roadway design exceptions that incorporate
landscaped shoulders and swales would help to reduce surface water and sediment runoff. Drainage
would also be controlled through swales, drywells, and natural drainage ways that promote infiltration
over runoff. The retention of the natural drainage features through the Property that will reduce grading
of the site and should alleviate impacts to the existing surrounding development.
The approval of this PUD request will allow the lots to be developed in keeping with the applicant's
objectives for a low density rural residential character utilizing the project's CC&R's that will be
structured to maintain the quality of the original design intent and insure the investment of the
homeowners will be protected, while they enjoy appreciation for their investment and will not be
materially detrimental to the public's welfare nor cause substantial adverse impact to the area's
character. Further, there were no substantial comments or objections by reviewing agencies.
Approval of the above exceptions is different from what is normally applicable under the district
regulation, however, they will assist the developer in achieving a design standard harmonious with the
surrounding developed areas.
APPROVED EXCEPTIONS
Based on the above findings, the following exceptions to the County of Hawaii Chapter 25 (Zoning) and
Chapter 23 (Subdivisions) for La'au, LLC, Ipu Place (PUD -15.000029) are hereby approved:
1. Exceptions Granted from HCC, Chapter 25 (Zoning):
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A. Minimum Street Frontage. (HCC §25-4-30). The request is to allow the street frontage of a lot to
be less than the required 50% of building site average width for lots. This exception will allow other
than flag lots and lots at the end of a cul-de-sac to be designed without having to meet this
requirement. In reviewing the exhibits of the lot layout, we find that sufficient street frontages are
provided.
B. Minimum Building Site Area: Minimum Building Site Average Width. (HCC §25-4-31). The
project's unique street and lot layout is designed to create a rural character and to mitigate traffic
speed. This exception applies to the net lot areas less the access utility landscape easement,
This is not technically required and we find it inapplicable.
C. Reduction of Building Site Below Minimum Area. (HCC §25-4-32). The project's unique street
and lot layout is designed to create a rural character and to mitigate traffic speed. While each
proposed lot will maintain a minimum lot size area of 7,500 square feet, ranging in size from 10,015
to16,262 sq. ft., it will not be exclusive of the land area to be encumbered by the road easement
servicing each of the proposed lots. We have no objection to the granting of this exception from
current department policy that requires minimum lot sizes exclusive of the land area within any
roadway easement serving three (3) or more lots.
D. General Requirements for Yards and Open Spaces. (HCC §25-4-40). The project's unique
street and lot layout is designed to create a rural character and to mitigate traffic speed. Through
the use of the yard designations as specified in the exhibits (attached), an intimate and human
scaled environment, conducive to pedestrian activities is created. We approve the yard/setbacks
as requested as they are inter -development in nature and do not infringe on surrounding
properties.
E. Corner Building Sites. (HCC §25-4-42). The project's unique street and lot layout is designed to
create a rural character and to mitigate traffic speed, Through the use of the yard designations as
specified in the exhibits (attached), an intimate and human scaled environment, conducive to
pedestrian activities is created. We approve the yard/setbacks as requested as they are inter-
development in nature and do not infringe on surrounding properties.
F. Fences and Accessory Structures. (HCC §25-4-43). The request is to allow for retaining walls
that exceed 6 feet in height when used to retain the grade be permitted to be on the boundary line
and without any front, side, or rear yard requirements.
Due to the prevalent slopes on the Island of Hawai'i, retaining walls are often required at the
property line to manipulate the grade to provide buildable lot pads. This portion of the request is
inapplicable as retaining walls of any height are allowed up to the property line with no
setback required.
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A variety of free standing architectural features may be used to create the desired character and
ambiance of the neighborhood. These features may be in the form of walls, gates, arbors and
trellises which in some cases may be over six feet in height. The locations of these items will be
pre -determined and the CCR's will control any abuse of this variance by the residents of the
neighborhood. This exception is approved as shown in the exhibit (attached). This exception
shall be detailed on a master plan submitted to the Planning Department prior to
submission of any individual building permit applications. The master plan shall identify
the locations and heights of all "architectural features" proposed to extend into required
open space areas.
G. Minimum Yards. (HCC §25-5-7). One of the design goals for the community is to develop an
intimate and human scale environment that has a distinct "sense of place," The homes will be
designed to take maximum advantage of the site with the yard setbacks requested (attached). We
approve the yard/setbacks as requested as they are inter -development in nature and do not
infringe on surrounding properties.
H. Other Regulations. (HCC §25-5-8). The project's unique street and lot layout is designed to
create a rural character and to mitigate traffic speed, the request is that there be no minimum
average width. While each proposed lot will maintain a minimum building site area of 7,500 square
feet, ranging in size from 10,015 to16,262 sq. ft., it will not be exclusive of the land area to be
encumbered by the road easement servicing each of the proposed lots. We have no objection to
the granting of this exception from current department policy that requires minimum lot sizes
exclusive of the land area within any roadway easement serving three (3) or more lots.
2. Exceptions Granted from HCC, Chapter 23 (Subdivisions)
A. Block Sizes. (HCC §23-29). This requests that blocks sizes be allowed to be less than 400 feet in
length to encourage pedestrians to walk versus drive to a destination. Studies have shown that
pedestrians will walk versus drive when a destination is within a five minute walking distance or
1,350 feet. Therefore, blocks less than 400 feet in length may encourage residents to walk to visit
their neighbors versus driving. As this is a cul-de-sac we find that it is inapplicable.
B. Lot Size, Shape and Setback Line. (HCC §23-32). As part of the application for a PUD,
exceptions are requested herein concerning the standards for lot size, width, shape, orientation
and building setback lines which are different from the standards detailed in the Zoning Code. In
reviewing the exhibits of the lot layout, we find that good buildable areas have been provided and
therefore approve this exception.
C. Access to Lot From Street. (HCC §23-34). An access and utility easement is used, in lieu of a
public street or private street, to provide both vehicular access and utility service to all the lots. As
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all lots have access to this easement, we find that this exception is inapplicable as all of the lots
have access to a roadway system.
D. Lot Side Lines. (HCC §23-35). The yard designations are atypical due to the layout of the streets
and to keep the lots more rectangular in shape versus lots with lot lines that are not parallel. Some
of the lots have side yard designations which run parallel to the street. In reviewing the exhibits of
the lot layout we approve this exception
E. Minimum Right -of -Way and Pavement Widths. (HCC §23-29). Reduced street right-of-ways and
pavement widths are requested in order to mitigate traffic speed and to create a rural scaled
neighborhood environment. The main street is located in an access utility landscape easement
which varies in width and the roadway pavement will be approximately ± 18 and 20 feet in width.
We approve the reduction of the "normal' minimum 50 foot wide right-of-way and slightly reduced
(in some areas) pavement width.
F. Future Extensions of Streets. (HCC §23-44). Due the relative small size of the proposed project
and limited amount of generated traffic flow, street extensions would compromise the scale and
desired character of the proposed neighborhood. The extension of the cul-de-sac to the north
property line does not afford any benefit for future development and we agree that, since there is
no practical purpose for it, it will not be required.
G. Intersection Angles; Corner Radius. (HCC §23-45). This request would allow streets to be
permitted to intersect and have radius and or dimensions at the right-of-way lines to provide for a
higher level of pedestrian safety at these locations. This will help with the traffic calming effect of
the roadway network. The layout as presented is acceptable and approved.
H. Cul-de-sacs. (HCC §23-48). In lieu of a circular terminus of the cul-de-sac, an alternate, "T" style
turnaround is used to provide a paving area that is more in scale with the character of the
neighborhood. The turnarounds are acceptable to this department, however, the applicant is
required to, in addition to the DWS and DPW reviewing the construction plans, the HFD shall also
approve those drawings.
Grades and Curves. (HCC §23-50). The purpose of requesting a PUD designation for the project
is to have increased design flexibility in developing a more creative master plan and community
environment than would typically be possible through the use of a typical subdivision layout and
standards. Street design is critical to achieving this goal, and as such, design flexibility is required.
This exception is approved on the basis of topography to minimize the grading requirements and to
retain as much of the natural terrain as practical.
In those instances where the vertical or horizontal curves do not meet the minimum requirements,
the Applicant shall present alternate standards at the time of construction plan review, as provided
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for in §23-50(b), with lower design speeds assigned in order to meet the roadway safety standards
as specified within the AASHTO Policy on Geometric Design of Highways and Streets, 2001.
J. Protection From Existing or Proposed Arterial Streets. (HCC §23-51). Due to the unique
layout of the lots, the two lots that are contiguous to Kawaihae Road shall have a front yard or side
yard facing this street. The lot with the side yard facing Kawaihae Road has a large setback line
from the road due to the location of the access utility landscape easement location. This is
approved with the understanding that there will be an appropriate "no vehicle access" planting
screen easement imposed to the Kawaihae Road frontage at the time of subdivision.
K. Sidewalks. (HCC §23-89). The project shall have sidewalks on one side of the street in some
areas where possible but design flexibility is requested which may vary from the specifications of
the County of Hawai'i Department of Public Works. The director is given discretion in imposing
sidewalk requirements and finds the sidewalk locations as shown in the exhibit are acceptable.
L. Curbs and Gutters. (HCC §23-91). The project shall use curbless streets to provide for a more
rural feeling in the neighborhood. If curbs are used, then they may be similar to the type as
detailed in the County "Standard Details for Public Works Construction," Detail R-1, Precast
Concrete Curb. Likewise, the director is given discretion in imposing curbs and gutters and finds
they are not required. Sufficient drainage flow -ways shall be provided through construction
practices, however.
M. Street Lights. (HCC §23-93). This exception is approved to allow design flexibility in the
placement and design of the street lights. This is granted with the understanding that all street
lights shall meet with the Hawai'i County Code, Chapter 14, Article 9, Outdoor Lighting.
N. Street Name and Traffic Signs. (HCC §23-94). This exception is approved to allow the use of
custom street name and traffic signage. All signs shall meet AASHTO standards and are in
accordance with the current Manual on Uniform Traffic control devices to maximize motorist
recognition and respect.
0. Right -of -Way Improvement. (HCC §23-95). The right-of-ways may have a variety of treatments
such as pavers, street trees, and landscaping, which will be used to develop the desired character
of the neighborhood. The treatment of the non -paved portions of the right-of-way are acceptable.
The applicant shall, however, be required to provide adequate drainage flow -ways and absorption.
CONDITIONS OF APPROVAL
The Planning Director approves the La'au, LLC Ipu Place PUD (PUD -15-000029) subject to the following
conditions:
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Permit Runs with the Land. The applicant, its successors, or assigns, shall be responsible for
complying with all of the stated conditions of approval.
Master Plan and Street Layout. The proposed PUD shall be developed in a manner, substantially, as
represented by the applicant within the application. A copy of the master plan shall be submitted to the
Planning Department prior to application for actual building permits. This shall show proposed
encroachments into yards/open spaces for the various "architectural features" and shall show the
heights of said items. Further, a copy of the proposed CCR's shall be provided to the Planning
Department for review, comment and approval in conjunction with construction of the development.
3. Historical and Archaeological Considerations. The Archaeological Inventory Survey has determined
that no historic properties will be affected by this project. In the event any historic properties are
encountered, the project shall be subject to further review by the Department of Land and Natural
Resources' Historic Preservation Division (DLNR-HPD).
4. Potable Water System. Potable water shall be provided and extended to all of the buildable lots.
5. Roadway Design Guidelines. All non-dedicable roadways shall be constructed to follow the
guidelines incorporated in the Hawai'i Statewide Uniform Design Manual for Streets and Highways or
the applicable AASHTO design guide for the appropriate design speed. The geometric design of the
interior subdivision roads should be based on the AASHTO Guidelines for Geometric Design of Low
Volume Roads (average daily traffic volume of less than 400 vehicle trips per day).
6. Utilities. All utilities shall be installed underground.
Construction Plan Review by Fire Department. The Applicant shall consult with the HFD to ensure
conformance of roads and water for emergency and firefighting purposes within the Project Site to
meet the minimum requirements of the Fire Code. Besides the DPW and DWS, construction plans
shall also be submitted to the HFD for review.
8. No Additional Dwellings. The Applicant shall record a declaration affecting all proposed lots within
the PUD which shall give notice that the terms of this PUD approval shall prohibit the construction of a
second dwelling unit on each lot. The proposed declaration is to be recorded with the Bureau of
Conveyances by the applicant at their cost and expense. A copy of the recorded document shall be
forwarded to the Planning Department.
9. Compliance with Other Rules and Conditions. The applicant shall comply with all other applicable
rules, regulations and requirements. Other applicable conditions set forth under the "Approved
Exceptions" section of this letter as well as the requirements of the affected agencies as contained in
the "Agencies' Review" section are incorporated herein as conditions of approval.
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10. Time Extension. Pursuant to Section 25-2-7 of the Zoning Code, and in accordance with the terms
and approvals granted by this PUD approval, compliance with the conditions of this PUD shall
commence within two (2) years from the date of this approval. If the applicant should require an
extension of time, the applicant may request a time extension pursuant to Section 25-6-14 (Time
extensions and amendments).
Should any of the conditions fail to be met or substantially complied with in a timely fashion, the Director
shall initiate the nullification of the PUD approval.
Sincerely,
I
DUANE KANUHA
Planning Director
JRH:nci
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Encls: Exhibits
xc: DPW, Engineering (Hilo and Kona)
DWS
HFD
xc w/encls: Bill Jardine
La'au, LLC
65-1291 Kawaihae Road, Suite 201
Kamuela, HI 96743
Planning Dept. (Kona) - D. Bugado, SKCDP Planner
GIS Section, G. Bailado (via e-mail)
Figure 1: Master Plan Concept
existing jacaranda tree
landscaped main entry
special accent paving
� 5' wide sidewalk
1 access utility
landscape easement
18' pavement width
1
<' • . property line
setback line
lot line
—————— — — — — ——
;
r r r i I I I I` J r f 7 i
6
S
access utility
landscape easement
20' pavement width
\ ' 1 W.
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3
i
r Parr, 3
rr
1
_
grass pavers for—
on street parking
cluster mailbox —
1
<' • . property line
setback line
lot line
—————— — — — — ——
;
r r r i I I I I` J r f 7 i
6
S
access utility
landscape easement
20' pavement width
\ ' 1 W.
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Exhibit 1: Yard Designation
Variance Request- Zoning Code
Request:
The Petitioner request the yards be designated as indicated in Exhibits 1 to 3. Below
is the reference site plan indicating lot location and lot number for referral to exhibits
2to3:
L
EXHIBIT 2
O_ _ EXHIBIT 3
3
10
L
Z m
n' 40' 80'
B-30
Exhibit 2: Yard Designation
Variance Request - Zoning Code
Request:
The Petitioner request the front, rear, and side yards be designated as indicated
below for lots 1, 2, 3, 4 and 5.
(See Exhibit No. 1, page 8-30, for lot location in project)
Note: the yards indicated below apply
to both one and two story buildings.
property line
edge of pavement
access utility landscape
easement
setback line
\ lot line
319
' „ • 'fie,
A. - -'ae dip•
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2 by y
' '•'�O `FRgNT�ARD IS...� ' I '/'. i 'SG •
FRONT YARD 10' / t.{4eO 5 y
'1
• • AFROM YARD IO
`-__________--
_ _ BIDE YARD !__ _
indicates setbacks
for garage only
F --T40'—] r
8-31
Exhibit 3: Yard Designation
eVariance Request - Zoning Code
Request:
The Petitioner request the front, rear, and side yards be designated as indicated
below for lots 6, 7, 8, 9 and 10.
(See Exhibit No. 1, page 8-30, for lot location in project)
Note: the yards Indicated below apply
to both one and two story buildings.
property line
t
1 setback line
access utility lot line
landscape �- -- --�--
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REAR YARD 16' SIDE YAW 15' for garage only
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