HomeMy WebLinkAboutCOM 0400.000 2000-2002 '•9
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Kim ~ ..I _ Christopher J. Yuen
Mayor 1 i i f~ 3 Director
>,~TE of w~ Roy R. Takemoto
i ~ ~rp ~ ?eDirector
PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 • Fax (808) 961-8742
October 22, 2001
Mr. Sydney Fuke
Planning Consultant
100 Pauahi Street
Hilo, HI 96720
Dear Mr. Fuke:
Change of Zone Ordinance No. 97-102 (REZ S66)
Applicant: Kolaala LLC. (foraraerly Ge~atry-Pacific, LTD.)
Subject: Annual Progress Report
Tax Nla~ Key: 5-9-OOI:OOS
Thank you for your letter and attachments dated July 5, 2001, containing an annual
progress report for the proposed development in compliance with Condition T of Change
of Zone Ordinance No.97-102. We apologize for our delay in acknowledging the
submittal of your annual progress report.
Regarding approval of the Data Recovery Plan and Preservation Plan as submitted in
partial compliance with Condition M of Ordinance No. 97-102 and Condition No. 10 of
SMA Permit No. 379, we note the following:
a) The approval granted by the State Historic Preservation Division (letter dated
November 29, 2000) was predicated on the assumption that there has been a
significant change in development plans for this property from the original intent to
create a subdivision of 50 single-family dwellings to development of one single-
family residence. As such, it can not be determined at this time whether the Data
Recovery and Preservation Plan, as well as the Burial Treatment Plan, are acceptable
should the new owner decide to pursue subdivision plans that are more extensive in
nature. The State Historic Preservation Division will have to review the preliminary
plat map once it is submitted, to determine whether the Data Recovery and
Preservation Plan and the Burial Treatment Plan, which has already been
i?1'lt~~a?Y~avltPr7 ~t'3 ~~^raS-+Pa}91a ,~~rlar tha nrnnnca~ ~~~~•~lnrv.-,nnt .~,l~n
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Mr. Sydney Fuke
Planning Consultant
Page 2
October 22, 2001
b) Full compliance with Condition M of Ordinance No. 97-102 and Condition No. 10 of
SMA Permit No. 379 needs to be demonstrated, specifically the section that states:
"A copy of the approved Final Data Recovery Plan and Preservation Plan be
submitted to the Planning Department prior to submitting plans for subdivision
review and prior to any approval for any land alteration permits."
Again, thank you for attending to this matter. We look forward to the submittal of the
next annual progress report on or before July 17, 2002. Also, please be aware that to
comply with Condition C of Ordinance No. 97-102, final subdivision approval will need
to be secured by July 17, 2002 as well.
In the meantime, please feel free to contact Eileen O'Hora-Weir or Susan Gagorik of our
office at 961-8288 should you have any questions.
Sincerely,
i ~ ~ ~ . ,
CHRISTOPHER J. ~YUEN
Planning Director
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p:lwpwin60\eileen\letters\LKohala_GentryRez866
xc w/ltr: Hawaii County Council
Planning Commission
Planning Department -Kona
Sidney~uk~, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Reports
July 5, 2001 ~
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, Hawaii 96720
Dear NIr. Yuen:
Sulbject: Annua! Report ResluireBnent -Gentry Pacific, Ltd.
Rezoning ®rdinaimce 1®io. 97-102g T1VII~ 5-9-1: 8
Condition T of the referenced ordinance required the submittal of an annual report.
The last report filed was on July 9, 1998. We apologize for this oversight and respectfully
request your acceptance of this letter to satisfy the annual report requirement for the current
and past two (2) years. The next report would thus be due on or before July 14, 2002.
Since the last report, we would like to note the following:
a. The subject property was sold to Kohala LLC on or about June 30, 1999.
- Since its purchase, the new owner of the- property has examined alternative
uses of the site, including ascaled-down version of the SNIA-approved (SMA
379) 50-unit single-family residential lot subdivision.
b. In the meantime, however, the owner has been trying to satisfy the various
conditions of the rezoning ordinance and SMA use permit. One of these
include the preparation and submittal of a Site Preservation Plan and Burial
Treatment Plan to the State I3istoric Preservation Division (SHPD) of the
State Department of Land and Natural Resources (DLNR). These plans must
be approved also by the Hawaii Island Burial Council prior to submittal of
plans for County Plan Approval or Subdivision action.
The Site Preservation Plan and Burial Treatment Plan were approved August
17, 2000 (see attached letter of notification, dated November 1, 2000, from
Don Hibbard, Administrator of the SHPD of the State DLNR).
The approved Burial Treatment Plan was implemented on February 22-23,
2001 (see attached letter, dated February 26, 2001, from Paul H. Rosendahl,
Ph.D. to Mr. Kai Markell, Administrator, Burials Program, SI-B'D).
Mr. Christopher Yuen
July 5, 2001
Page 2
Understandably, until these matters were properly addressed and
implemented, it was difficult if not impossible for Kohala LLC to make
definitive plans for the property. Now that the property has been thoroughly
investigated and the location and value of all sites has been established, it will
be possible for Kohala LLC to consider the possibility of a further
development of the site consistent with the preservation of significant historic
sites. I-Iopefully, such a plan could be finalized within the next year, and the
required annual report next year should provide you with its progress in that
regard.
As you may be aware, a SMA Minor Permit for the site was also issued for
the subject site on September 15, 1993. This Permit was for a residential
compound with a principal residence, an ohana residence, and the lateral
public access easement. Although the residential compound has not been
completed, the lateral public access easement portion has been implemented.
Said easement is already established and recorded.
c. At the same time, to minimise delays in developing the site, efforts were made
to satisfy the of3F site electric power requirements. An easement for routing
the electric power line from the Kohala Ranch Subdivision under Akoni Pule
I~ighway to the property was acquuced, the utility connection was engineered
and the approval of HELCO obtained. Goodfellow Bros., Inc. was selected
as the contractor and the Notice to Proceed was given on March 29, 2001
with the work to commence within ten working days after the date of the
Notice to Proceed and completed within one hundred fifty days thereafter.
The project is scheduled for completion in August or September of this year.
The applicant is aware that there are other conditions that must be implemented prior
to receipt of final subdivision approval. These include matters such as coastal access, impact
fees, "no~ohana" restrictive covenants, solid waste management plan, and the like. Further,
the applicant is fully aware that final subdivision approval must be secured before July 2002.
As noted earlier, since the archaeological parameters have been established, the applicant is in
abetter position to finalize its design of the site. Proposals for the master plan and first phase
engineering have been solicited, and this work should commence very soon. When that is
completed within the next year), the appropriate application will be filed.
Mr. Christopher Yuen
July 5, 2001
Page 3
We trust that the foregoing adequately satisfies the annual report requirement for the
current and past two (2) years. If not or if there are further questions, please feel free to
contact me. Thank you very much.
Sincerely,
SIDNEY . FiJKE
Planning Consultant
Enclosures
cc Kohala LLC
c/o NI~°. Jim Wriston
.
_
)-EB 28 '01 05~41PM GENTRY COMPANIES 808 599 8244 P.2i2
_ I~a.ul 1°1.1®s~nd~hl, iPh.l~., Inc.
Avtha®odag)ca! Mlseor(eal Culeura! Resource A4aaaEemene Srudlea d: Servkes
lO~WalanuanuaArenua Hila,Nawaii 96720 - (80!)969.1]63 fAX(f0!)9i1-i99!
P.0 Bo:23305 • G.M.F..Guam9~921 • (671)172.3117 • FAX(611)472.3131
L®tter 2153-022601 FebnJary 26, 2001
Mr. Kai Aaiarketl
Administrator, Burials Program
State Historic Pr®servation Division
l3epartment of Land and Netural Resources
Kakuhihewa Building, Ftoorr) 555
601 Kamokila Boulevard
Kapolei, Hawaii 96707
Subject: Burial Treatment Plan
Kohata LLC Residential Compound Project
Land of Kahua 1 North Kohata District
Island of Hawaii (TEViK:3-•5-8-01:8)
(PHRI Report 2003-041100)
Dear Mr. Markelf:
The purpose of this I®tter is to inform your office of the implementation of the subject Buriat
Treatment Plan. At its meeting of August 17, 2000, the Haw»i'i Island Buriat Council formally
accepted this plan for the preservation in place of four buria{ sites pr®viously identified within the
Koha{a LLC Residential Compound Project area in the Land of Kahua 1 North Kohata District,
Island of Hawaii (TMK:3-5-8-01:8). Formal notice of this decision, and DLNR cor~currenca, was
subsequently communicated to PHRI, as the applicant's representative, by letter of 1 November,
2000 from D. t°tibbard, SHPD Administrator (DOC. N0.26462; LOG N0.0011 KW01).
More specifca{ly, PHRI carried out the following Buriat feature restoration work in accordance
with th® approved plan:
®ecause only the western portion of the project area will be developed, and the
development wilt in no way infringe upon the four identified Buriat sites, no specific short
term inierirti preservation measures ar® necessary. A{I Buriat features, how®v®r, prior to
long-term Aresenration, should be restored to their original archaeologitat condifion. The
restoration work should be bas:~d on the available archaeologie:at records (maps,
drawings, writt®n descriptions, photographs). 13asatt boulders and cobtales removed t'rorary
the features during tast.~ng work wild be atilt=sd for r®sioration. AIt work should be done -
under this soaperviaiort of a quait•Sed archaeeiogist. The restoration should ba imptern~nted
within 9® days after receipt by the applicant of DLNR written corttirmation of Hawaii Island
Buriat Council approval of the present proposed l3TP jpage 15j.
Burial feature restoration fieldwortc was carried out on February ~2-23, 2001. A written report
locum®nting the work is in preparation and will be submitted as soon as it is completed.
Please contact me at my Hilo office (80&969-1763) if you have any questions, or need any.
additional information.
Sincerely yours,
~ ~
Paul H. Ros®ndahf, Ph.D.
I~resident ~~d Pr±nr^inal `~P~~~~jnir;~i~;r
cc: G.K Wahilani; SHPD Burials Program
J. Fadrr>wsky; Gentry®Paciftc, L#d.
_
.
JAN 22 '01 10~19AM GENTRY COMPANIES 808 599 \8244 P.2i2
TIPA®T64Y E.dO}NX®, C M
®1~9.JAPtaN J. CAYBTA~ ~ ~~1
r~gVE3iAlOhB Of MabV A!! eaN¢O oP l.AtaO Qxc NAIL~mS ~u~E4
c9M43yE6eflpa O?! w oTER P~~ Mgk+u~5A65P8T
~ •
DEPUTIES
'o'e.`9,,",ae.r~ JaPDET E. IUCVVE1,o
unNEl. ~alsMioKa
STATE OF NAWAI(
DEPARTMENT OF lANO AN® NATUfiAL RESOURCES aouancRESOVRCEs
aoaTiNCa aND acEaN RecR~anoN
MIST06tIC P42ESIcRVATIOPI DNISION coNS~vanoN aND RESGURCES
K®dcuhi6+®we Buddfr~. Roam 566 EwPOReEAaEkT
601 Kaerwdcil.® Boudovare eONVEYANCES
Kspoioi, Flow®ia 96707 FORESTRY AND wILDUFE
litSTORIe PiiESEAVATION
November 29, 2000 AND
STAPE PAAfiS
WATER RESOURCE MANAGE3sAEMT
®r. Paul Rosendahf LOG NO: 26597 ~
PHRI OOC NO: 0011Pfut14
204 Waianuenu® Ave.
Milo, i-lawaii 96720 ~~'c`13
Dear Dr. Rosendahl:
SUf3.1ECT: Site preservation plan Kohala PLC Residential Compound Project
Kahtaa, North K®hala, Flawaii Island
TIV(K: 6-9-01:8
Thank you for your letter of November 3, 2000, which is a response to our review letter of October 16,
2000 (Log: 26,350; lOoc: 0010RC16). Our October 16 letter indicated that the preservation plan for sites
in the subject parcel was acceptable, except for the change front preservation with interpretive
development to preservation "as is" (.e., without any interpretive development of any kind) for Sites
4005, 2498, and 2499. We requested alustification forthe proposed changes.
Your letter outlines a number of reasons why the change in the preservation recommendations for the .
three sites is warranted. Chief among these is a change in development plans from a subdivision to a
single-family residence and the desire of the new owner for privacy. The residence will be constructed in
the western portion of the parcel. All of the preserve sites, including four burial sites, are located in the
eastern portion of the parcel, which will remain undeveloped. Another consideration is the fact that the
approved burial treatment plan calls for preservation of the four sites "as is" with no walls, landscaping,
or signage. 1"he intent is to draw as little attention as possible to these sensitive sites. Interpretation of
the non-burial sites, which are located in the same area as the burials, would have the opposite effect.
Finally, it is our understanding that the access road to the property will be situat®d in th® western portion
of the parcel that is stated for development and that no historic sites would be affected by the road
construction.
T he reasons you have given for the change in the preservation recommendations for Sites 4005, 2458
and- 2499 are acceptable. The preservation plan meets with our approval.
Aloha,
/ •
~
OON H11313AF2®, Administrator
State Historic Preservation ®ivision
PM:amk
~ECE~VEp DED 1 ~ 2Qa0
' t
~ ~
C®TJN~T"~C Off` AVVAII ~`I°.~~I'~ O~ ~iAWAII
EII,L NO. 96
ra t
ORDINANCE I®TO.
~ ~
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTI-I AND SOLJTFI KOI-IALA
DISTRICTS ZONE MAP), ARTICLE 8, CI~APTER 25 (ZONING CODE) OF TI°IE I-IAWAII
COUNTY CODE, )3Y CI?iANGING TI~iE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT I{iLJA 1ST,
NORTI~ KOI~iALA, I~IAWAII, COVERED ~Y TAX MAP KEY 5-9-01:08.
EE IT ORDAINED EY TI~iE COUNCIL OF TIC COUNTY OF I-IAWAII:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the I~awaii County
Code, is aYnended to change the district classification of property dcscribcd here' cr as
follows:
The district classification of the following area situated at Kahua 1st, North
Kohala, Hawaii, shall be Single Faanily Residential (RS-15):
Eeginning at a point at the North comer of this piece of land, being also the East
corner of portion of Governanent land of Pahinahina and on the Southwesterly side of
Kawaihae Mahukona Road, Section II, Project No. A-270-01-62, the coordinates of
which referred to Hawaii State Plane Coordinate System, Zone 1 being 453,109.73 feet
North and 375,771.74 feet East, and 8 by true a~nuths referred to the Meridian of
Goverment Survey `Triangulation Station'°PUriJ PILI" and rncasured cloclcwasc from
South:
1. 322° 00' 30.5" 24.31 feet along the Southwesterly side
of Kawaihae. Mahulcona
Road;
2. ~2° 00° 30.5'° 20.00 feet along the Southwesterly side
of Kawaihae.Mahukona
Road;
3. 322° 00' 30.5" 550.00 fact along the Southwesterly side
of Kawaihae Mahulcona
Road;
of Kawaihae Mahukozia
Road;
5. 322° 00' 30.5" 100.00 feet along the Southwesterly side
..it - , .
Koad;
6. 232° OG' 30.5" _ 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
7. 322° 00' 30.5" 400.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
8. 232° 00' 30.5" 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
9. 322° 00' 30.5" 500.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
10. 52° 00' 30.5" 40.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
11. 322° 00' 30.5" 400.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
12. 232° 00' 30.5" 40.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
13. 322° 00' 30.5" 151.70 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
l4. 26° 03' 889.95 feet along Lot 9, as shown on
Map 4 of Ld. Ct. Cons. 129;
Thence along highwater mark (vegetation line) as of January 7, 1993 for the next
thirteen (13) courses, the direct azimuths and distances between points on said
highwater mark being:
15. 136° 21' 40" 516.93 feet;
_ _
16. 155° 00' 250.00 feet;
17. 128° 30' 95.00 feet;
18. 180° 20' 142.80 feet;
19. 93 ° 00' 104.00 feet;
20. 154° OS' 253.40 feet;
21. 157° 15' 225.20 feet;
22. 57° 40' 106.30 feet;
23. 176° 35` 213.10 feet;
24. 98° 00' 172.85 feet;
25. 105° . 20' 83.55 feet;
26. 89° 00' 181.00 feet;
27. 150° 20' 77.35 feet;
28. 206° 50' 35" 1,075.00 feet along poreion of the
Government land of
Pahinahina to the- point of
beginning and containing an
area of 37.880 acres, more or
less.
All as shown on the map attached hereto, marked E~chibit "A" and by reference
made a part hereof.
SEC°ITO1V 2. °This change in district classification is conditioned upon the following:
A. 'The applicant, its successors or assigns shall be responsible for complying with
alI of the stated conditions of approval.
-3-
'I`lte applicant, its successors or assigns shall be responsible for complying with
F ye> y~ ~ /ti in~~~e'~y r:~ ~ L --5! lrx~- ~ ~ IF ~~~.d:' ~YIC:A~
~L '6e$ ~S8'm b&t6a~Ne~sevdal~: ~h ~~~e ....`~._....__d~l ~ L~~. _
for the subject property.
C. The proposed development within the subject property shall consist of a
ma~cimunt of fifty residential lots (not including roadway or other such cotmnon
area lots). Final Subdivision Approval of the proposed residential subdivision
within the subject property shall be secured from the Planning Director within
five (S) years from the effective date of this ordinance.
D. Restrictive covenants in the deeds of all proposed residential lots within the
subject property shall prohibit the construction of a second dwelling unit on each
lot. A copy of the proposed covenants to be recorded with the Bureau of
Conveyances shall be submitted with the plans for subdivision to the Planning
Director for review and approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances in conjunction with the issuance of Final
Subdivision Approval.
1r. In conjunction with Final Subdivision approval, the applicant shall construct the
necessary distribution pipeline, service laterals, and fire hydrants, meeting with
the requirements of the Department of Water Supply. No building permit for any
of the residential structures shall be issued until units of water are available and
committed to the subject property, as represented in the applicant's agreement
with the Kohala Ranch Water Company (formerly Kohala Joint Venture).
F. Access to the subject property from Akoni Pule highway and any improvements
within the Akoni Pule l-lighevay shall be constructed prior to Final Subdivision
Approval meeting with the requirements and approval of the State Department of
°I°ransportation.
e4_
_ _ _ _
G. Roadway connections to the adjoining parce.I of the subject property's
southeastern boundary shall be provided meeting with the approval of the
Department of Public Works and shall be delineated on the final subdivision plat
map for the subject property.
1-I. All interior roadways within the subject property shall be constructed meeting
with the requirements of Chapter 23 of the Subdivision Code and with the
approval of the Department of Public Works.
I. All electrical and communication lines within the subject property shall be placed
underground.
J. A drainage study of the subject property, if required, shall be prepared for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed or
bonded meeting with the approval of the Bepartment of Public Works prior to the
issuance of Final Subdivision Approval.
K. T'he applicant, its successors or assigns shall prepare a Solid Waste 1ldanagement
Plan prior to securing Final Subdivision Approval for the proposed development
within the subject property meeting with the approval of the Department of Public
Works. A copy of the approved Plan shall be submitted to the Planning T~irector.
I,. `T`o ensure that the goals and policies of the I-lousing ldlement of the General Plan
are implemented, the applicant shall secure the conc ce of the Gffice of
1-lousing and Cotnrnunity Ievelopment that the applicant's affordable housing
requirements, if any, have been mutually agreed to prior to Final Subdivision
Approval.
-5-
NI. A Data Recovery `Plan and Preservation Plan shall be prepared for the review and
~~'~k t~6~ ~"'d~~~7~~`7:~' ~~d ~~e~n" Efi". ~+b?$~ai Jf ~~AA ~3~ F~a c!'.j e_~L~ t~tiM~3~.~J`bt(~hF~.;l,s i~~, h~a~-!~:=.
and Natural Resources-Historic Preservation Division (DLNR-HPD). Proposed
mitigation treatment (preservation in place or disinternment/reintez~ament) for
burial sites within the subject property shall be approved by the Historic
Preservation Division's I~Iawaii Island Burial Council before detailed mitigation
plans are firaali~ed for these sites. A copy of the approved Final Data Recovery.
Plan and Preservation Plan shall be submitted to the Planning Director prior to
submitting plans for subdivision review and prior to any approval for any land
alteration permits.
N. Should any remains of historic sites, such as rock walls, terraces, platforttas,
marine shell concentrations or human burials, be encountered, work in the
immediate area shall cease and the Department of Land and Natural
Resources-historic Preservation Division (DLNR-HPD) shall be immediately
notif ed. Subsequent work shall proceed upon an archaeological clearances from
the DLNR-HPD when it finds that su~'icient mitigative nneasures have been taken.
O. `The applicant shall develop and submit a comprehensive public access plan for
the subject property for review and approval to the Planning Director, in
consultation with the Department of Land and Natural Resources in conjunction
with Final Subdivision Approval. The public access plan shall provide for
mauka-makai and lateral shoreline pedestrian accessways, public parking stalls for
users of the shoreline area, signage, and restrictions on use (if any). Such public
access improvements shall be completed prior to Final Subdivision Approval for
any portion of the subject property.
P. The applicant shall rraake its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation, fire,
police, solid waste disposal facilities, and roads. The amount of the fair share
-6-
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision .approval of each increment
shall be a earn calculated in the same manner according to the nurraber of
additional proposed residential lots in each such increnrflent. T'lae fair share
contribution may be in a loran of cash, land, facilities, or any combination thereof
acceptable to the director in consultation with the affected agencies 'The fair
share contribution shall have a uffi combined value of $7,239.16 ~ i®t.
used upon the applicant's representation of intent to subdivide and develop up
to fiftg~ (5®) residential lots, the itdicated total fair share contribution. is
$361,958.0®, however, the total aanount shall be increased or reduced in
proportion with the actual nuanber of subdivided lots according to the
calculation and payanent provisioaas set forth in dais Conditi®ta ~'he fair share
contribution shall be allocated as follows:
1. $3,49®.85 per lot, for an indicated total of $174,42.§Q to the County to
support park and recreational iagflproveraaents and facilities;
2. $168.4® per lot, for an indicated total of $8,420.04I to flee County to
support police facilities;
3. $332.61 per lot, f®r an Indflcated L®tal ®f SIS,63Q,~Q to the County to
support fire facilities;
4. $145.62 per lot, for an indicated total of $7,281.00 to the County to
support soled waste facilities;
-7-
5. $3,101.68 per lot, for an indicated total of $15~,O.~fl to the State or
rw. a~ `'n', ~ ~ru'ae-i r~~e~-.~s.F~" ~
~l~' ! ~.9~1'~ ?L_~tiy.:r~' ~l.i~ici'i,t.:..
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the I~onolulu Consuriner Price Index (I~CP~. In lieu of
paying the fair altars contribution, the applicant tnay constrttct and contribute
improvements/facilities related to parks and recreation, fire, police, solid vyaste
disposal facilities, and roads within the region impacted by the proposed
developffient, subject to the approval of the director. 'The cost of providing and
constructing the improvements required in Condition F shall be credited against
the sum specified in Condition P(5) for road and traffic improvements and
Condition O shall be credited against the sum specified in Condition P(1) for
parks and recreation. For purposes of administering Condition P, the fair market
value of land contributed or the cost of any improvements required or made in Lieu
of the fair share contribution shall be subject to the review and approval of the
director, upon consultation with the appropriate agencies.
Q. In lieu of actual construction of infrastructural improvements as required under
Conditions F, I-I, J, and O, the applicant may enter into an agreement with the
County to assure the County that the infrastructural improvements will be
constructed together with the appropriate bond, surety or other security deemed
acceptable by the Planning I2irector or appropriate agencies and approved by the
Corporation Counsel. Upon execution of such agreement and/or filing of the
security with the County, final subdivision approval for the subject property or
portions thereof shall be granted prior to the actual construction of required
infrastructural improvements.
-8-
1Z. Should the Council adopt a Unified Impac± Fps C)Pdinance setting forth criteria
for the imposition of exactions or the easements of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
fees ®rdinance.
S. Comply with applicable laws, rules, regulations and requireffients of other
affected agencies for approval of the proposed development within the subject
property, including the Departnraent of l;iealth.
An annual progress report shall be subaniteed to the Planning Director prior to
the anniversary date of the approval of the ordinance. 'The report shall izaclude,
but not be limited to, the status of the development and to ghat extent the
conditians of approval are being complied with. 'This condation shall remain in
effect until all of the conditions of approval have been complied with and the
Planning Director acknowledges-that further reports are not required.
U. An initial extension of time for the perforanance of conditions within flee
ordinance may be granted by the. ~'lanning Director upon the follomvirag
circuanstances:
1. `The non performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the tune 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 flee granting of the change of zone.
-9a
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h A - S• G
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A-1a ~ r
A Sa - ~ 1.
A - S• A - 7. ~ a
' A-9•
C r A- S a A- S•
A-9a
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A- Sa
A - 1 •
A - Sa A - S•
A - S • ~ s. ~ - t.
AKONI PULE I°iIGHWAY
TC ~OWi KoaroiA afl
453,1®9.73 N Ran
w-s. ~
375.771 .74 E
"HAWAII STATE PLANE
CO®RDINATE SYSTEM, A - s.
BONE 1"
A - 5a A - S•
r4GRIGUL~URAL (A~S~)
T® SINGLE FAMILY
REST®ENTIAL (RS~ 1
,AREA: X7.58® ,ACRES
AMENDING SECTION 25-8e7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE 8,
C?~A~TER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, DY CHANGING THE DISTRICT
CLI~SSIFICATION FROM AGRICULTURAL (A-Sa) TO SINGLE FAhAILY RESIDENTIAL (RS-15} AT
KAHUA 1ST, NORTH KAHALA, HAWAII.
PREPARED !3Y PLANNING DEPARTMENT
COUNTY OF HAWAII
APRIL 2g. 1997
TMK ; 5-9-01: 8
- - .W - (GENTRY-Pa.CtFIC.LTD.)
-
ExHl~1T ~
_ _
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).
V. Should any of the conditions not be rnet or substantially complied with in a
timely fashion, flee Director naay initiaee rezoning of the subject property to its
original or more appropriate designation.
SECTION 3. In flee event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the- other parts of this ordinance.
SEC'T'ION 4. `T`his ordinance shall take effect upon its approval.
1NTRODLJCED 13Y:
CIL RREI~EIt, COtTNTY OE I~A~VAII
I-iilo, I°Tawaii
Date of Introduction: June 18, 1997
Date of 1st Reading: Junes 18 , 1997
Date of 2nd Reading: July 2, 1997
Effective Date: July 14 , 1997
APPROVED AS °TO EORM AND LEGALITY
~E CORPORATION COiJNSEL
DATED:
-10-
®F~iC~ or ~I~~ C®t C~ER~
C®tit,cy of~~~e ~ e ~ , se.
I~i~® ~a~~~ -
_ - e t,er T r-,
(DRAF°'I' 2
LI:: YOTE •
Inuoduced By: Bobby Jean Lei~tead-T R1 AYES NOES ABS ESC
Date Introduced: June 18, 1997 Arakaki X
First Reading: __Juzx~ 18. 1997 Chun X
I'ublishcd: .?»nP ?5 p~,Q97 I.cithead-T'odd X
Ray
R~~sARKS: Reyn®lds
Santangelo X
smite x
T ler X
Ya on }C
9 0 0 0
ROLL CALL VOTE
Sccond Reading: July 2, 1~7 AYES NOES ABS E~
T°o Mayor: July 7, 1997
Returned: July 15 , 1997 Arakaki X
Effective: July 14, 1997 Chung
Published: July 22, 1997 I.cithead-Todd
Ray X .
RF4IARXS: Reynolds X
Santangelo X
Smith X
Tyler ' X
Yagong X
l 1~0 ~s'ERE~Y CEf~~~~~~ie~re,Pging SILL was adopted by the County Council and published as
indicated above. fVV
NIA L ~LITY:
CE~UTY CORPORATBOt+i COUPdSEI
COUNTY OP FIAddlell
Dar_~/~~
Apprn ~ed/D~rrd this da~• C UA'C!L CJYA/RMAN
COUNTY CLERK
.t1.-~YnR. CO UNT}'OF;HA1ti'A!! Bill No.: 96 (Draft 3)
`-'I Reference: Cp-330.01/PC-61
Ord. No.: ~O~