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Home My WebLink AboutCOM 0050.001 2022-2024 JMq-4 OF yE:tjy Mitchell D. Doth 40' '- Barbara DeFranco,Chair Mayor �di1y, v Zaheva Knowles,Vice Chair .; Michael Dela Cruz Lee E.Lord Clement"CJ"Kanuha III Managing Director irk "�""� ►�� Mahina Paishon-Duarte Michael Vitousek County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 Fax(808)961-8742 January 18, 2023 } Heather Kimball, Council Chair and Members of the County Council w, h County of Hawaii w 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: CORRECTION TO COM 0050.000 2022-2024 Change of Zone Application (PL-REZ-2022-000017) Applicant: Shawn Maile Nakoa, Esq. Request: Agricultural-5 Acre(A-5a) to Family Agricultural-1 Acre(FA-1a) Tax Map Key: (3) 7-7-008:062; North Kona, Hawaii Please see below corrections to the abovementioned communication. This letter corrects a typographical error in the draft ordinance and its Exhibit"A" attached to said communication. The first line of the draft ordinance is corrected to read as follows: "AN ORDINANCE AMENDING SECTION 25-8-6 (KAILUA-[140NALU]HONALO URBAN ZONE" The first line of the description in Exhibit"A"is corrected to read as follows: "AMENDING SECTION 25-8-6 (KAILUA-[140"TTU]HONALO URBAN ZONE MAP) ARTICLE 8," Corrected draft ordinance and Exhibit"A" are enclosed herein. Hamai'i County is an Equal Opportunity Provider and Employer Comm.No, + Ref.To: Ref. Date-JAN 4 2023. Heather Kimball, Council Chair and Members of the County Council County of Hawaii January 18, 2023 Page 2 Should there be any questions, please contact Maija Jackson of the Planning Department at 961-8159. Sincerely, Bat.-ra DeF°)rice!j :r 1R,2023 15'26 nI-TTMµ Barbara DeFranco, Chair Leeward Planning Commission \\COHO 1\planning\publicAwp60\PC\PCC2023-1\L.NakoaPL-REZ-2022-0000171pc 1 Enclosure: Draft Ordinance cc via email wlencl.: Mr. John Pipan, Land Planning Hawaii, LLC Shawn Maile Nakoa, Esq. Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Sinclair Salas-Ferguson, Deputy Corporation Counsel Jeffrey W. Darrow, Deputy Planning Director AN ORDINANCE AMENDING SECTION 25-8-6 (KAILUA-HONALO URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-la)AT KEAUHOU,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-7-008:062. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-6, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Keauhou,North Kona, Hawaii, shall be Family Agricultural District—One Acre (FA-1 a): Beginning at a spike in the concrete at the Southeasterly corner of this parcel of land, being also the Northeasterly corner of Lot 1 and being a point on the Westerly side of Kuakini Highway (F.A.P. No. 5-229 (1), the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAILUA(NORTH MERIDIAN)" being 18,439.04 feet South and 12,621.21 feet East, and running by azimuths measured clockwise from True South: Thence, for the next four(4) courses following along the remainder of Grant 3019 to Ka`aipulu: 1. 720 00' 212.91 feet along Lot 1 and Lot 2 to a 1/2 inch pipe in concrete (found); 2. 3420 00' 238.37 feet along Lot 2 to a�Iz inch pipe in concrete (found); -1- i 3. 720 00' 686.75 feet along Lot 2 to a point; 4. 162° 00' 334.35 feet along Lot 1 to a point; I Thence, for the next twenty-two (22) courses following along middle of stonewall and along Land Commission Award 4452, Apana 2 to H. Kalama: 5. 2570 19' 22.78 feet along Lot 21 of Alii Heights, Unit 2, Phase IV (File Plan 2400) to a point; 6. 2480 14' 42.85 feet along Lot 21 of Alii Heights, Unit 2, Phase IV (File Plan 2400)to a point; 7. 2520 21' 38.80 feet along Lot 21 and Lot 20 of Alii Heights, Unit 2, Phase IV (File Plan 2400)to a point; 8. 2570 01' 51.69 feet along Lot 20 of Alii Heights, Unit 2, Phase IV (File Plan 2400)to a point; 9. 2590 26' 27.50 feet along Lot 20 of A1i`i Heights, Unit 2, Phase IV (File Plan 2400)to a point; 10. 2520 23' 59.05 feet along Lot 20 and Lot 19 of Alii Heights, Unit 2, Phase IV (File Plan 2400)to a point; 11. 2480 27' 25.04 feet along Lot 19 of Alii Heights, Unit 2, Phase IV (File Plan 2400)to a point; 12. 2560 03' 35.68 feet along Lot 19 of Alii Heights, Unit 2, Phase IV (File Plan 2400)to a point; 13. 2600 39' 60.28 feet along Lot 19 and the Southerly end of Roadway of Alii Heights, Unit 2, Phase IV (File Plan 2400) to a point; -2- i i 14. 2630 45' 21.59 feet along the Southerly end of Roadway of Alii Heights, Unit 2, Phase IV (File Plan 2400)to a point; 15. 2610 59' 42.98 feet along the Southerly end of Roadway of Alii Heights, Unit 2, Phase IV (File Plan 2400) and along Lot 18-A of Alii Heights, Unit 2, Phase IV to a point; 16. 2540 20' 71.90 feet along Lot 18-A and Lot 22-A of Ali`i Heights, Unit 2, Phase IV to a n point; Thence, for the next five (5) courses following along Lot 22-A of Alii Heights, Unit 2, Phase IV: t 17. 2510 56' 43.57 feet to a point; i 18. 2470 18' 32.36 feet to a point; 19. 2460 57' 18.00 feet to a spike (found); 20. 2570 26' 40.12 feet to a point; 3 'G 21. 2520 41' 26.07 feet to a point; 22. 2590 53' 39.02 feet along Lot 22-A and Lot 21-A of Alii Heights, Unit 2, Phase IV to a } nail (found); I Thence, for the next three (3) courses following along Lot 21-A-1 of Alii Heights, Unit 2, Phase IV: 23. 2530 13' 24.03 feet to a spike (found); 24. 2490 36' 41.85 feet to a point; 25. 2540 07' 39.60 feet to a point; 26. 2500 38' 22" 98.24 feet along Lot 21-A-1 and Lot 18-A- 1 of Alii Heights, Unit 2, Phase IV to a nail(found); -3- 27. 253" 12' 9.64 feet along the Westerly side of Kuakini Highway (F.A.P. No. 5-229 (1)) to a point; 28. 3510 14' 30" 35.57 feet along the Westerly side of Kuakini Highway (F.A.P. No. 5-229 (1)) to a point; Thence, following along the Westerly side of Kuakini Highway (F.A.P. No. 5-229 (1)) on a curve to the left with a radius of 1,567.89 feet,the chord azimuth and distance being: 29. 3500 47' 25.08 feet to the point of beginning and containing an area of 5.292 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public 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. A. The applicant(s), its successor(s) or assign(s) ("Applicant") shall be responsible for complying with all of the stated conditions of approval. -4- I E i B. The Applicant shall be responsible for complying with all requirements of I Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The Applicant is responsible for maintaining valid water commitments to support the proposed subdivision until such time that required water facilities charges are paid in full. D. Prior to issuance of Final Subdivision Approval, the Applicant shall construct necessary water improvements, including, but not limited to, installation of a water meter fronting each proposed parcel, meeting with the approval of the Department of Water Supply. i E. Final Subdivision Approval for the proposed subdivision shall be secured within five (5)years from the effective date of this ordinance. F. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A drainage study, if required, shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. G. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control of the Hawaii County Code. H. Vehicular access to individual lots shall be prohibited from Kuakini Highway. I. All driveway connections and construction within the Pomaika`i Street Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. -5- I E ,t I i J. Access to P6maika`i Street, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. i i I K. No structures shall be constructed within the existing 60-foot-wide road easement, established in 1987 as part of Subdivision No. 5535, unless the applicant is able to properly remove the easement. I L. A National Pollutant Discharge Elimination System (NPDES)permit, if required, shall be secured from the State Department of Health before the commencement of ground disturbing activities. M. The Applicant shall be responsible for extending the County sewer system along P6maika`i Street and installing a connection fronting each proposed parcel, meeting with the approval of the Department of Environmental Management, and prior to the issuance of Final Subdivision Approval. N. Prior to issuance of any building permits and/or ground-disturbing activities on the subject parcel and/or parcels created by the proposed subdivision, each individual lot owner shall conduct an Archeological Inventory Survey (AIS) and submit an AIS report, meeting with the approval of the Department of Land and Natural Resources-State Historic Preservation Division(DLNR-SHPD). Permit issuance shall not proceed until DLNR-SHPD notifies the Planning Department that the AIS and/or other requested documentation has been reviewed and accepted. O. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls,terraces, platforms, etc.), I 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 -6- I 1 I disturbance and contact the Department of Land and Natural Resources-State Historic Preservation Division(DLNR-SHPD) 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. P. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements for the proposed development, including the Fire Department, Department of Public Works, Department of Water Supply and Department of Health. Q. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). -7- 5. If the Applicant should require an additional extension of time,the Planning Director shall submit the Applicant's request to the County Council for appropriate action. R. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. A-5a -A RA-3a 1- Rs-10 RS-20 0 R o RS-20 Q A a R10 Q" R RS-15 C 9 LARLORRU -10 5- 5 S RS- L A- a R - AGRICULTURAL(A-5a)I RS 15 FAMILY AGRICULTURAL(FA-1a) 5.29 ACRES ... R FA-2a FA-2a - 0 i i G R5 15 1 � A-5n A-5a 18,439.04'S FG 12,621.21'E 9� RS- °KAILUA" ti 1 A-5a fG 1 1 1 RS-10 _ 5-15 ( i A-5a OPEN I W-3.5 i o 1 r Feet 0 700 1,400 2,100 2,800 3,500 AMENDMENT TO THE ZONING CODE, AMENDING SECTION 25-8-6 (KAILUA-HONALO URBAN ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO FAMILY AGRICULTURAL (FA-1a) AT KEAUHOU, NORTH KONA, HAWAII MAP PREPARED BY: TMK:(3)7-7-008:062 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:March 14,2022 Shawn Nakoa EXHIBIT"A" Map: 1438