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Home My WebLink AboutCOM 0374.000 2002-2004 ~„t+,?! New Dixie Kaetsu Harry Kim Mayor Managing Director • 1. ~~1t}of n~'tl~ ~~gg EEppi-..~ COUNTY OF HAVO~AII 25 HMI 9 17 25 Aupuni Street, Room 215 Hilq Hawaii J6720-4252 • (808)961~~}(': Fax (~Q~1 Z6 Gtb553 KONA. 75-5706 Kuakini Highway, Suitz 103 Kailm-1(~ }u~~i1( 467 ~-~~1 f~~~ (803)329-5226 • Fnx (SOR)326-5663 September 24, 2003 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Amendment to Change of Zone Ordinance No. 91-91 (REZ 694) Applicant: Pua`anui Partnership Tax Map Key: 7-6-8:portion of 5 Change of Zone Application (REZ 03-015) Applicant: James & Mihoko Malian Request: A-Sato FA-2a Tax Map Key: 7-3-7:40 & 41 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, ~1 ^ Harry Kim ~ Mayor L091 103may Enclosures cc: Planning Department Comm. No: Ref. To: 1 I ~ ~ ~ Ref. Uate . Hatry Kim Moyo~ , County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 SE? 2 4 2~ Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Amendment to Change of Zone Ordinance No. 91-91 (REZ 694) Applicant: Pua`anui Partnership Tax Map Key: 7-6-8:nortion of 5 The Planning Commission, after a duly held public hearing on September 11, 2003, voted to recommend for your approval the proposed legislative bill for an amendment to Condition B (deadline to secure Final Plan Approval) and Condition C (construction deadline) of Change of Zone Ordinance No. 91-91, which rezoned one acre of land from an Agricultural 1-acre (A-la) to a Village Commercial 1-acre (CV-la) zoned district. The area involved is located on the makai side of the North Kona Belt Road, Holualoa Village, Holualoa ls` and 2nd, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting amendments to Conditions B (secure Final Plan Approval) and C (commence construction) of Ordinance No. 91 91 for an additional 5 years to complete the construction of a restaurant on approximately one acre within a State Land Use Urban-designated and Village Commercial-zoned portion of a 22-acre property. The applicant has also requested a concurrent amendment to Condition No. 5 of Special Permit No. 649, which allowed the establishment of a 10-bedroom inn. Effective September 12, 1991, Ordinance No. 91 91 changed the district classification of the subject property from Agricultural (A-1 a) to Village Commercial (CV-1 a). The applicant requested the change of zone to construct a restaurant and related Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 facilities within aone-acre portion of the property. Under Condition B, Final Plan Approval for the development should have been secured within one year from the effective date of the change of zone, or September 12, 1992. In addition, Condition C required the commencement of construction within one year from the date of receipt of Final Plan Approval and completion (certificate of occupancy) within two years thereafter. Final Plan Approval was not secured, and the applicant did not apply for a time extension, although the applicant's desire was to develop the property consistent with the Village Commercial zoning. The applicant is requesting the amendments to allow additional time for construction of the restaurant. The inability of the applicant to comply with the requirements of Conditions B and C of Change of Zone Ordinance No. 91 91 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. Ordinance No. 91 91 was approved for commercial uses on the site. Since the granting of the Change of Zone, there has been a restructuring of the property ownership, which resulted in the original property being consolidated and resubdivided. This restructuring has also affected the timely development of the proposed project. The applicant completed roadway improvements to the Mamalahoa Highway as required under the ordinance, and was unable to complete the restaurant due to financial and time constraints. Together with the sluggish economy and the unanticipated cost of the improvements, the applicant was unable to fulfill conditions of the Change of Zone ordinance. As the economy is slowly showing signs of recovery, the applicant now feels that the construction of the proposed restaurant can be completed within the next five years. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Medium Density Urban uses. The affected area is zoned CV-1 a. The County Zoning Code has subsequently been revised since this rezoning was approved. However, compliance with all applicable requirements such as setback, height and landscaping will still be required. Although the Department of Land and Natural Resources provided no comment on a trail running through the subject property, because of concerns expressed by a surrounding property owner, a condition will be added to insure that the 12-foot wide trail not be disturbed. All essential utilities and services are available to the site. The request would not adversely impact the land use pattern in the immediate area. The granting of this request would not be contrary to the original reasons for granting the change of zone request. Based on the above findings, the request to amend Conditions B and C would not be contrary to the original reasons for approving the Change of Zone. To reflect current language used in the conditions of approval and to reflect the applicant's request, a new Condition B incorporating requirements from existing Conditions B and C, is proposed. Also proposed is an amendment to Condition L, to state that the Planning Director may Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 initiate rezoning of the area to its original or more appropriate designation should conditions not be met or substantially complied with in a timely fashion. For your favorable consideration, an amendment to Conditions B, C and L of Ordinance No. 91-91 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, ~~~C~~®1?.~-sue Fred Galdones, Chairman Planning Commission Lpuaanuipartnership02PC Enclosures cc: Mr. Sidney Fuke Pua`anui Partnership Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BPuaa"uiCOZAmend.dac-8/8/03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PUAANUIPARTNERSHIP CHANGE OF ZONE ORDINANCE N0.9191 (REZ N0.694) AMENDMENT TO CONDITIONS B AND C PUAANUI PARTNERSHIP is requesting an amendment to Conditions B (secure Final Plan Approval) and C (commence construction) of Change of Zone Ordinance No. 91 91 which rezoned aone-acre portion of land from the Agricultural (A-la) to a Village Commercial (CV- 1 a) district. The area involved is located on the makai side of the North Kona Belt Road, Holualoa Village, Holualoa 1st and 2"d, North Kona, Hawaii, TMK: 7-6-8: Por. 5 (formerly portion of 10). REOUECT 1. Request: The applicant is requesting an amendment to Conditions B and C of Ordinance No. 91 91 for an additional 5 years to complete the construction of a restaurant on approximately one acre within a State Land Use Urban-designated, Village Commercial- zoned portion of a 22-acre property. The applicant has also submitted a concurrent request to amend Condition No. 5 of Special Pennit No. 649 for an additional five yeazs to complete the construction of the remaining 4 bedrooms of a 10-bedroom inn on three acres within the State Land Use Agricultural-designated portion of the property. (See Exhibit A -June 24, 2003 Letter) 2. Reasons for the Request: According to the applicant, the inability to comply with conditions is a result of conditions that could not have been foreseen or were beyond the control of the applicant. Since the granting of the Change of Zone, there has been a restructuring of the property ownership, which resulted in the original property being consolidated and resubdivided. This restructuring has also affected the timely development of the proposed project. The applicant completed roadway improvements to the Mamalahoa Highway as required under the ordinance and was unable to complete the restaurant due to financial and time constraints. Together with the sluggish economy and the unanticipated cost of the improvements, the applicant was unable to fulfill conditions of the Change of Zone ordinance. As the economy is slowly showing signs of recovery, the applicant now feels that the restaurant can be completed within the next five yeazs. GENERAL INFORMATION 3. September 12,1991: Effective date of Ordinance No. 91 91 which rezoned the subject property from Agricultural (A-la) to Village Commercial (CV-la). The applicant requested the change of zone and concurrent State Land Use Boundary Amendment from Agricultural to Urban for approximately one acre to allow the construction of a restaurant and related facilities within aone-acre portion of the property. Condition B of Ordinance No. 91 91 required that Final Plan Approval be secured within one yeaz from the effective date of the change of zone or September 12, 1992, and Condition C required the commencement of construction within one yeaz from the date of receipt of Final Plan Approval and completion (certificate of occupancy) within two yeazs thereafter or no later than September 12, 1994. The applicant did not apply for a time extension but still intended to develop the property consistent with the Village Commercial zoning. 4. Current: To date, the restaurant has not been completed and the applicant is requesting the amendments for an additional five years to complete the construction of the restaurant. Conditions B and C of Ordinance No. 91 91 currently reads: B. final Plan Approval for the development shall be secured from the Planning Department within one yeaz from the effective date of the change of zone. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning code), Hawaii County Code, as aznended, plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall provide for heavy landscaping for the purpose of preserving the green belt and open space; C. construction shall commence within one yeaz from the date of receipt of Final Plan Approval and shall be completed (certificate of occupancy) within two years thereafter. -2- AGENCIES' COMMENTS 5. Department of Public Works: (See Exhibit B - July 21, 2003 Memo) 6. Department of Water Supply: (See Exhibit C -July 29, 2003 Memo) 7. Fire Department: (See Exhibit D -July 11, 2003 Memo) 8. State Land Use Commission: (See Exhibit E -July 18, 2003 Letter) 9. Department of Health: (See Exhibit F -July 30, 2003 Memo) AGENCIES - NO COMMENTS OR OBJECTIONS 10. Department of Environmental Management, Police Department APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 11. (See Exhibit G -July 29, 2003 Letter and Exhibit H -August 6, 2003 Letter and attachments) AGENCIES - NO RESPONSE 12. Department of Water Supply, Real Property Tax Office, Department of Land and Natural Resources Land Division, Department of Land and Natural Resources State Historic Preservation Division PUBLIC COMMENTS 13. The department has not received any written objections or comments from adjacent property owners or the community on the request. -3- SidneyFuke, 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 q ~ •Environmental Repons ~~~J rm 1(1 June 24 2Q03 Mr. Christopher Yuen, Director C'v.: Planning Department COUNTY OF HAWAFI 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Time Extension Requests - Puaanui Partnership Rezoning Ordinance No. 91-91 and Special Permit No. 649 Holualoa la` and 2"d, North Kona, HI, TMK: 7-6-08: Por of 5 The owner of the subject property is requesting a time extension to complete construction of a restaurant and related facilities, as represented in Ordinance No. 91-91, and an additional five (5) rooms to the Holualoa Inn, as allowed by Special Permit No. 649. Pursuant to these requests, please find enclosed the following: a. Twenty (20) copies of this letter, with appropriate enclosures; b. A list of the surrounding property owners within five hundred (500) fee of the subject property; c. Real property tax clearance; and d. Filing fee in the amount of $350 ($250 for zoning and $100 for SP). PROJECT LOCATION The subject parcel is located on the makai side of the North Kona Belt Road in Holualoa Village and is identified by TMK: 7-6-08:5 (formerly a portion of 8 & 10) with a street address of 76-5928 Mamalahoa Highway. Although the subject property fronts the Highway, the area of the proposed development and the existing Holualoa Inn are situated makai of other commercial lots/uses fronting the Highway. (See Figures 1 & 2). As shown on the tax map, the subject pazcel consists of 22+ acres. The area of the proposed development, however, is considerably less. The Special Permit for the allowable 10-room inn covers 3 acres. This includes the inn, driveway, pazking, and related improvements. The azea of the proposed restaurant complex, which was covered by the rezoning ordinance, encompasses 1 acre. (See Figure 3) EXHIBIT Mr. Christopher Yuen June 24, 2003 Page 2 GENERAL PERMITTING BACKGROUND AND NATURE OF REQUESTS A. Special Permit No. 649 1. On October 20, 1987, a Special Permit (SP No. 649) was issued by the Planning Commission fora 5-room bed and breakfast on approximately 3 acres of the subject area. The basic dwelling consisted of 3 rentable rooms, and 2 more rooms would have been added on to the building. The additional rooms were completed within the required construction period. 2. On December 16, 1993, the Planning Commission amended the permit by allowing the bed and breakfast to operate as a 10-room inn. The approval was subject to a number of performance conditions. (See Appendia A) Condition 5 of the amended permit required that "Construction of the proposed 10-Room Inn shall commence within three (3) years from the date of receipt of Final Plan Approval and be completed within three (3) years from the date of commencement of construction." Final Plan Approval was issued on May 20, 1996. A building permit for some of the improvements and 1 additional room was issued on September 12, 1996. 3. On September 17, 1999, the Planning Director granted an extension until September 12, 2002 to complete the additional 4 rooms. (See Appendix B) To date, the remaining 4 rooms have not been completed, and the Inn is operating with 6 rooms. 4. REQUEST: In light of the above, the applicant is requesting an amendment to Condition 5 by allowing 5 more yeazs to complete the remaining 4 rooms. B. Rezoning Ordinance No. 91-91 1. On September 12, 1991, a) Ordinance No. 91-90, amending the State Land Use Boundary from Agricultural to Urban; and b) Change of Zone Ordinance No. 91-91, with conditions, from Agriculture 1-acre (A-la) to Village Commercial (CV-la) for one acre of land on TMK: 7-6-8: portion of 10 became effective. Due to a subsequent consolidation/resubdivision action, the subject area Mr. Christopher Yuen June 24, 2003 Page 3 is now a portion of parcel s instead of 10. A copy of the rezoning ordinance is found in Appendix C. T'he intent of these amendments was to allow the construction of a restaurant and related facilities within the 1-acre area. (Figure 3) 2. Conditions B and C of Ordinance No. 91-91 required plans to be submitted for Plan Approval within 1 year from the effective date of the zone change (i.e., no later than September 11, 1992) and the project to be completed within a 2-year period after issuance of Plan Approval (i.e., no later than September 9, 1994). The applicant did not apply for an administrative time extension. Even if one were applied for and granted, it would have extended only to September 1993 (for Plan Approval) and September 1996. A Council-approved time extension is still needed before any commercial development can occur on the subject site. 3. REQUEST: The applicant still would like to have the ability to develop the property consistent with its Commercial-Village (CV- l a) zoning. As such, the applicant is requesting an amendment to Conditions B and C by allowing a minimum of 5 years to complete the project. This would include the time needed to secure the appropriate construction permits. JUSTIFICATION OF REQUESTS In making these extension requests, the applicant respectfully requests your taking the following into consideration: 1. The applicant's inability to perform within the stipulated period was a result of conditions that could not have been foreseen or were beyond the control of the applicant and not attributable to the applicant's negligence. Since the Special Permit for the 10-room Inn and rezoning for the restaurant and related facilities were granted, there has been some restructuring of the property ownership. This has resulted in the original site being consolidated and resubdivided. Furthermore, you will note that the original applicant for the Special Permit and rezoning was Desmond Twigg-Smith. The requests now are being filed by Puuanui Partnership, which includes various members of the Twigg-Smith family. This restructuring has affected the rate at which the project could progress. Mr. Christopher Yuen June 24, 2003 Page 4 At the-same time, to expand the Inn, Condition J of the rezoning ordinance required some measure of improvements to the Mamalahoa Highway. Pursuant to said requirement, improvements to the Highway were completed in 1994. The improvements consisted of the removal of a mauka embankment within the right-of--way, the construction of the needed stabilization of the new embankment, the relocation and/or stabilization of a utility pole, and the relocation of the existing roadway further mauka. The time and funds needed to complete this improvement left little to complete the Inn as well as the restaurant project. Only an additional room was constructed during this period, as well as the required on-site improvements (parking, drainage, driveway access, and new water tank for fireflow). Other improvements were also made to the basic Inn to assure compliance with ADA requirements. During this same period, the economy was continuing its downward slide, and that made it even more difficult for the applicant to generate the needed funds to proceed aggressively with the balance of the project. In sum, the applicant did not anticipate the entire infrastructure costs associated with fulfilling the conditions of both the Special Permit and rezoning ordinance; the cost of upgrading the structure and new room; and the still sagging economy. Although being diligent in trying to complete this project in a timely manner, the applicant was financially strapped during this period. The economy, however, is beginning to show signs of recovery. The applicant thus believes that the remaining improvements to the Inn and the proposed restaurant facility can be completed within the next 5 yeazs. 2. Approval of these requests would not be contrary to the prevailing General Plan and Zoning Code Since the rezoning was approved in 1991, there have been no changes to the General Plan affecting the subject property or immediately surrounding area. Although an updated Zoning Code was approved in 1996 and ratified in 1999 due to a legal challenge, they do not affect the existing and proposed uses and structures. All new improvements will be consistent with the prevailing Zoning Code standazds, such as setback, height, pazking, and landscaping. Mr. Christopher Yuen June 15, 2003 Page 5 Likewise, since 1993, the criteria for Special Permit have also not changed. 3. Approval of these requests would not be contrary to the original reasons for granting of the requests for the Special Permit and rezoning. In approving the Special Permit (Appendix A), the Planning Commission, in summary, noted that the request would "...promote the effectiveness and objectives of the Chapter 205,... . "Private lodging facilities aze a permitted use within the County's Agriculture zone district.... The proposed 2 acres...that will be taken out of the agricultural inventory for this area will not significantly affect the agricultural resources of the azea, as the proposed use will be confined within the existing and addition of the single family dwelling and surrounding developed grounds. No active agricultural lands will be taken out of production to provide the area necessary to establish this use...." "The desired use will not adversely affect the surrounding properties. ...The property is of sufficient size to allow for adequate setbacks and buffers in minimizing any physical, social, or other impacts that this lodging facility use may have on the neighborhood...." "The desired use will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, police and fire protection. All essential utilities...aze available to the subject property...." "The land upon which the proposed use is sought is not unsuitable for the uses permitted within the district." Because the facility will be contained within an existing dwelling, "no existing or proposed azeas for agricultural activities will be curtailed or diminished...." "The use will not substantially alter or change the essential character of the land and the present use." Because the inn is located within an island of agricultural activities, "from a physical standpoint, there will be no major alteration to the landscape which would give this area an appearance other than what is presently there...." "Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. The proposed lodging facilities are pazt of a worldwide trend towards providing alternative Mr. Christopher Yuen June 25, 2003 Page 6 lodging sites in rural and agricultural azeas such as this particular location. "The request is not contrary to the General Plan." The County Plan designates this area Medium Density Urban Development and is zoned A- 1 a, where private lodging facilities are permitted. Furthermore, the proposal "would also be in keeping with the Economic Element policies of the General Plan...." Relative to Rezoning Ordinance No. 91 91 (Appendix C), in recommending its approval to the Council, the Council's Committee on Planning concurred with the recommendation of the Planning Commission and Planning Director wherein they concluded that (See Appendix D): "1) The change of zone would essentially be an exchange or even swap of land area for another CV zoning by the applicant in the general area of Holualoa Village and results in a minimal increase of commercial zoned lands. 2) The continued cultivation of coffee on the property would underscore the agricultural importance of Holualoa as an agricultural community and would assure the open space character of the azea." The reasons for the approval of both the Special Permit and zone change aze still valid today. Accordingly approval of this extension requests would not be inconsistent with the original reasons for approving the Special Permit and rezoning ordinance. In light of the above, the applicant respectfully requests your favorable initiation of these time extension requests. Should you have questions on this matter, please feel free to direct them to me. Thank you very much. i~cerel~~ 1 SI Y M. FUKE Planning Consultant Enclosures Copy - Puuanui Partnership w/ enclosures PUAANUI PARTNERSHIP TO WHOM IT MAY CONCERN: On the matter of the proposed time extension and related amendment(s) to Ordinance No. 91-91 and Special Permit No. 649 affecting a property identified by TMK: 7-6-08:5 (formerly identified by TMK: 7-6-08: 10), please be informed that as landowner and applicant, we hereby authorize Sidney Fuke, Planning Consultant to file and process the requested amendments as noted in the attached applications. ~ 6/3/03 amo erez gala) (Date) President, Ekolu Ranch Corp General Partner, Puaanui Partnership P.O. BOX 222 HOLU ALGA, HI 96725 PHONE: (808) 324-1121 FAX: (ROR)322-2472 _ _ A PAGE 51 B HOLU OA C 'See Page 48 D E ~ d'9i 9t Kama Lam ~ ° y':. ialal Fame ~ v w ~ ] _ S.. ~ ~ Mauka Meadow ~ ~ 95-5599 N y / r ~a n_ 2 ~ z r 1 MILE - 30 s>~ 75-5710 -e - o 9 c Waiona Meadows ~ 9 6 ° > f - ' ~S-S812 7 Lane, pave nLu ~ u O m . c 9olualon llmsrds ' jplo Ln ~oyl ualoa Homestead Rd °i - xo,~e rmo~cn ~ r Hoeseshoe'Nm • icon,n,. cn) a- ^~1~ 4 ~b99a 4 ~bavs Io Pl Hotualoa'! - sp ~ xotuALOA •L Subiect Site N~ . K Scbwl .n+ ^DUUns" Iolani tea!? ~ ~ ewe Noludoa E~ou d ve . I ,..a Lako up7 n, ~ O ~~b ~ R rb•5985 iei Rer~B&B , Vi h xo\aalo~B~y Pm,ed _ _ _ _ _ _ 5 5 eue~ idtorr Payed Sunsa B"v'nana Sbd ~ J~~maaka e`~µ,~pliiPl :j ~a d 7avn ~ v o Xoao %alulant Gardena P ~Sanshine iR~~bbd) ° w 0. aved w HoluNOO Pat Q 6 6' ~ 6 k ~ C ~ 8 6 ` ~ Fi;~ure 1 u wed a' A ~ E~SSeePage54~ C ~ D ~ E' 9. N ORT N A 1° SGA LE; A to ~ ll I" = 400' i II A-la I, A 1° III ~ Y25 IS ~ A to A I° c 1; H oLU ALOA ~ WAIMEA Sci-iooL cv p H, 31~-45 S 15,425.80 E °KAILUA(N Ori~H qQS ~5 RB IS 'MERI b1AN)B ~y MAMALAH oA cv lob c to v I_ns v I-2s KCAV HOU-'~ O~ 1~ A la j ')J ~ _ 1.25 I S II I I A 1° Subiect Site ~I ° I A-lo A 1° 1 1 .AGRICULTVRAL (A- a) To VILLAGE CO MERCIAL. (G~-la~ AR A = 1 .000 ACRE I \ ~ A-1° II I I (i ii I I A ro I ~ A 1° I \ 1 P.\ ~v ~ P,O _ 1 ~~AMENDMENT TO THE ZONING CODE AMENDING SECTION ~S-8'7 (NORTH 1<ONA ~oNE MAP} A12TICLE 3, CHA1°TC-It ~.S (ZONING COOE~ 01= THE HA1/~lAll COt1NT7' COdt= 8Y CHANGING THE OISTi~IG"T CLASSIFICATION FfQOM AGI~IC1Jt_ j Uf?AL (A-la) TO ViL!_AGE CoMMSi?CIA~. (CV-la) AT HOI..UALOA 1ST AND 2ND, NORTH Y<OIVA, HALVAtI. pRg PAi=~2 C-b ~Y n PLANNING bHPAf~TM ENT FiPUre2 COUNTT oP }-1AWAll TMK : 7-6-oB = to (t°oRT1oN) - DCC _ ~,8, Igo / / ~ T i w Jo 8 h bQ ~ w ~ ° ~ 1 I ~y~~ ~ w ~ £ ~ O I ] a ~ h', ~ ~ ~ a ~ o nu I ~ ~ - i ~ i ~ I ~ < II Y I ~ Inl S -i o I ~ n 1 ~ ~ ; o F w `9 s f n H ~ ~ i n ~1 ,`o A P W ~ U I 1 m [4 J d ~I m ~ 4a ry y ~ ~9 ! } F 1 ri ^ ~W i \ 1 Y 4 ~ ~o f uo Z , _ I I_ F n'm ~I xo wo I ~ I ` 1 I N y I ~ ~ I do I o ~ ti I N^ I ~ 1 LLw I I I I ~ ~ ~ u I o I 11 _ - w a F _ I ~ o ~ ~ j 4 ~ ~ ` Sl H uw ~ OW .a n az I ~ m -J m ~il <i I ~~s O -'~I M:'~ n _1 F- - I OWU ~ Q ________l__J °~E 1` ~ ~ ~~e 1i1 o~v ~ ~ ~ - J i w ~ V-' ti 3 - gs~ ' ~ v~ o'- v v w ; nt ~'w a `~J bpw Sl 1L i J~_p n JF ~ 1 '"aw V 1_I~_I _I_ ° ~ ~ ° ~ ~ ~ ~ Q W~ ~ Q 2~` =i Q u u ,(1 ~ w~ r o 9- i ~ ~ ~ Iu,Z nJ v S a ~ ~ = ° ~ lure 3 o- a av~ o a 1 _ B.. C~- __IS_ ~ 1 ONSV Oi ~'iiY ' Stephen K. Yamashiro Mayor 1lE OF•HFY~ l'J-Ulxx[~'~1 II~ ~tCf11Mt1 PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 9b1-8288 Fax (808) 961-9615 CERTIFIED MAIL January 10, 1994 Mr. Sidney M. Fuke Sidney Fuke .and Associates 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Amendment to Special Permit No. 649 Applicant: Desmond Twigg-Smith Request: Amendment from 5-Room Bed & Breakfast Establishment to a l0-Room Inn Tax Map Key: 7-6-08•Portion of 8 and Portion of 10 The Planning Commission at its duly held public hearing on December 16, 1993, voted to approve the above-referenced amendment to Special Permit No. 649 by increasing the number guest rooms from 5 to 10. Special Permit No. 649 allowed the establishment of a bed and breakfast lodging facility in an existing single family dwelling in the Agricultural District. The property is located on the makai side of the North Kona Belt Road in Holualoa Village, approximately 200 feet makai of Paul's General Store in Holualoa 1st & 2nd North Kona, Hawaii. Approval of the amendment is based on the following: 1. Such use is not contrary to the objectives sought to be accomplished by the land use law and regulations. The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes. as amended. The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. In the case of the Agricultural APPENDIX A Mr. Sidney M. Fuke January 10, 1994 Page 2 District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The proposed project will be located within an area whose soils are identified as Honualu (HvD) soil series by the Soil Conservation Service and is generally utilized for pasture. The soil is classified as "C" of "Fair" by the Land Study Bureau's Overall Master Productivity Rating and unclassified by the Department of Agriculture's ALISH map. In recognizing that lands within agricultural districts might .not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural district. The subject property is situated within the County's Agriculture 1-acre zone district. Private lodging facilities are a permitted use within the County's Agriculture zone district. The proposed Inn will be conducted within a substantially large existing single family dwelling of approximately 5,000 square feet enclosure. An existing garage (540 square feet) will be converted into a bedroom and a 2 story addition (594 square feet each floor) will be constructed to increase the existing bedrooms to a total of l0 rooms. The total square footage of the Inn would be approximately 6,728 square feet. The proposed 2 acres and approximately 2,700 square feet for the 10-car parking area that will be taken out of the agricultural inventory for this area will not significantly affect the agricultural resource of the area, as the proposed use will be confined within the existing and addition of the single family dwelling and surrounding developed grounds. No active agricultural lands will be taken out of production to provide the area necessary to establish this use. Therefore, based on the above circumstances, approval of the subject request would not be contrary to the objectives of the State Land Use Law Rules and Regulations given the subject conditions. The parcel is 37-plus acres with a 2 acre portion being used for the Bed & Breakfast facility. The proposed use would not displace agricultural activity nor diminish the agricultural potential of the area since this parcel has not been in agricultural use in years. Therefore, the proposed use would not be contrary to the objectives of the State Land Use Law for the Agricultural district. Mr. Sidney M. Fuke January 10, 1994 Page 3 2. The desired use will not adversely affect the surrounding properties. The existing two story single family dwelling consists of approximately 5,000 square feet and will be expanded by 1,728 square feet for a total of 6,728 square feet. The existing access to the Inn is proposed to be improved to be 10 feet wide with 2-foot shoulders on each side, from the driveway to the restaurant which will be a two-lane driveway, 20 feet in width. The addition to the existing residence will be approximately 65 feet from the south side property line. The existing paved parking area within the two lane driveway in the porte cochere area and the new 10-car parking area will be available for visitor and guest parking. The property is heavily landscaped with vegetation on the north, east and south of the property. The area to the west is open pasture. The property is of sufficient size to allow for adequate setbacks and buffers in minimizing any physical, social, or other impacts that this lodging facility use may have on the neighborhood. In addition, as the proposed Inn is situated within an area of pastoral character, has magnificent views with a quiet and rural atmosphere; the proposed 10-Room Inn will become a popular visitor attraction. The level of use of the 10-YOOM Inn is surely expected to increase as supported by restaurant facilities and art center. Therefore, the proposed complex must be able to handle the additional traffic and provide the necessary and required accesses to the Inn so that it can handle the increased traffic. Therefore, the proposed amendment to Condition No. 2 is recommended for DENIAL and a condition of approval is included to ensure that the access to the Inn is upgraded to a level commensurate with the proposed Inn, restaurant and art center activities. 3. The desired use will not unreasonably burden public agencies to provide roads and streets, sewers, water drainage, police and fire protection. All essential utilities such as electricity, water and telephone are available to the subject property. All requirements of the Department of Health, Department of Public Works, and Fire Department shall be complied with prior to establishment of the proposed use, including that of a two-lane roadway to the Inn which shall meet the requirements of the Fire Department and the Department of Public Works. Although, consulted agencies had n© objection to the request, the Fire Department raised concerns about fire protection measures as Mr. Sidney M. Fuke January 10, 1994 Page 4 well as the need to provide effective fire access lanes to the proposed Inn. These concerns will have to be addressed and an approved plan shall be submitted with plans for Final Plan Approval. In addition, the applicant has submitted a roadway improvement agreement and Letter of credit in the amount of $90,000 for the improvements along Mamalahoa Highway which the Department of Public Works has determined to be adequate to comply with the condition No. J of Ordinance No. 91-91. 4. The land upon which the proposed use is sought is not unsuitable for the uses permitted within the district. As indicated previously, the proposed 10-Room Inn facility will be contained within the existing single family residence and proposed addition on the property. Therefore, no existing or proposed areas for agricultural activities will be curtailed or diminished as a result of the establishment of this activity on this property. As such, other undeveloped areas are still available for agricultural development and the removal of 2 acres of land from .the agricultural inventory will not. have a detrimental impact on the agricultural resources of the area or the County of Hawaii. In addition, this type of rural Inn is suitable at this particular location and may become an integral part of the international visitor industry. 5. The use will not substantially alter or change the essential character of the land and the present use. The essential character of the land is primarily agricultural in nature, with the existing coffee orchards and cattle ranch pasture fields. The proposed Inn sits within this agricultural environment and as indicated previously, the proposed Inn will be confined to the area of the existing single family dwelling and its surrounding grounds. Although the applicant is proposing a 1,728 square foot addition for 5 more rooms and a 10-car parking area (2,700 square feet) for their guests, it is not considered a substantial alteration of the land or the character of the area. The building addition will be constructed in an area that is already developed. Therefore, from a physical standpoint, there will be no major alteration to the landscape which would give this area an appearance other than what is presently there. 6. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. Mr. Sidney M. Fuke January 10, 1994 Page 5 The proposed lodging facilities are part of a worldwide trend towards providing alternative lodging sites in rural and agricultural areas such as this particular location. A localized and unique lodging facility provides the visitor an opportunity to experience Hawaii in a home-type setting as well as contribute to the economic structure of the County. Within the County of Hawaii, there are unique areas and structures that can provide this type of service to the visitor. 7. The request is not contrary to the General Plan. The County General Plan Land Use Pattern Allocation Guide Map (LUPAG) map designates this area for Medium Density Urban Development. The Kona Regional Plan land use concept map designates this area for Agriculture 1-acre uses. The property is situated within the County's Agricultural 1-acre (A-la) zone district. Private lodging facilities-are a permitted use within this zone district. Therefore, the proposal would also be in keeping with the Economic Element policies of the General Plan which states that."The County of Hawaii shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County" and "The-County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors." Additionally, one of the basis purposes of the County General Plan is "To improve the physical environment of the County as a setting for human activities - to make more functional, beautiful, healthful, interesting and efficient." The proposed Inn at this particular location will fulfill this purpose. Approval of this request is subject to the following conditions: 1. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. 2. A metes and bounds description of the 2 acre area for the Inn and for the area containing the 10-car parking area in written and map form shall be submitted to the Planning Department within one year from the effective date of this amendme»t request to the Special Permit. 3. Should parcels TMK: 7-6-8:5 & 27 be conveyed or sold to any other parties in the future, and the 10-room Inn is utilizing the driveway access over these parcels, an easement document showing proof of access over parcels 5 and 27 shall be submitted to the Planning Director, or another legal access to these facilities shall be provided in order to continue the Mr. Sidney M. Fuke January 10, 1994 Page 6 operations. A copy of the easement documents shall be filed with the Planning Department within one year from the effective date of approval of this amendment request to the Special Permit. 4. Final Plan Approval for the conversion of the garage and construction of the two story addition to the existing dwelling shall be secured from the Planning Department within three (3) years from the effective date of this permit. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall identify structures, landscaping, fire protection measures, paved parking stalls and paved two lane driveway to the proposed Inn and drop-off area associated with the proposed use. In addition, a pedestrian access via a sidewalk system of improved pathway shall be provided from the proposed Inn to the proposed restaurant and art center. Parking shall comply with the requirements of Chapter 25 (Zoning Code). No parking variance from the Code shall be applied for or granted. Parking for all functions shall be maintained on the subject property. Plans shall also indicate additional landscaping along the adjacent south property boundary and around the 10-car parking area to mitigate any visual or noise impacts generated by the proposed Inn and parking lot. 5. Construction of the proposed 10-Room Inn shall commence within three (3) years from the date of receipt of Final Plan Approval and be completed within three (3) years from the date of commencement of construction. 6. The two lane driveway to the Inn and the 10-car parking area shall be paved (asphalt or asphalt concrete). The 10-car parking area shall be paved and striped prior to the issuance of any certificate of occupancy permit for the Inn. 7. The plans for a two-lane driveway access to the proposed Inn shall meet with the approval of the Department of Public Works and the Fire Department. This approved plan shall be submitted simultaneously with the plans for Final Plan Approval. 8. The applicant shall also comply with the State Department of Health requirements prior to submitting plans for Final Plan Approval. This approval must be submitted simultaneously with plans for Final Plan Approval. Mr. Sidney M. Fuke January 10, 1994 Page 7 9. The applicant shall comply with the Department of Public Works, Building Division, Traffic and Engineering Divisions requirements relative to the proposed structural additions, driveways, sight distance, slope, drainage and any other necessary requirements for this proposed use. l0. The applicant shall provide at the time of subdivision and/or development of parcel 8, road widening along the property frontage of parcel 8 adjacent to Hualalai Road in compliance with the requirements of the Planning Department and the Department of Public Works. 11. The applicant shall comply with all other laws, rules, regulations and requirements. 12. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition 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. 13. An extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: a) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; b) granting of the time extension would not be contrary to the General Plan or Zoning Code; c) granting of the time extension would not be contrary to the original reasons for the granting of the permit; and d) 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). Further, should any of the conditions not be met or substantially complied with in a timely fashion, -the Director shall initiate procedures to revoke the permit. This approval does not, however, sanction the specific plans submitted with the request as they may be subject to change given specific code and regulatory requirements of the affected agencies. Mr. Sidney M. Fuke January 10, 1994 Page 8 Should you have any questions, please feel free to contact Rodney Nakano of the Planning Department at 961-8288 or Royden Yamasato of the West Hawaii Office at 329-4878. Sincerely, Donald L. Manalili, Chairman Planning Commission RKN:jdk LTwigq-03.PC xc: Honorable Stephen K. Yamashiro, Mayor Mr. Desmond Twigg-Smith Planning Director Department of Public Works Department of Water Supply County Real Property Tax Divisicn Fire Department Department of Health West Hawaii Office State Land Use Commission Plan Approval Section oHty o. ~4F. j2;._ a Virginia Goldstein 6'^~ r-, n ^1 ~ J oo: y`%- s ~ ! Director Stephen K. Patnasbiro (I J i r" r i_i~~~~ ~ ~I'~ ~ a i Mayo, :q ` 9! Russell Kokubun -,J I ,-1 5. ~ f~ ~ ,5,3 ~..`lF _ ~ Depury Director ' ei ' r k _y; ~ V` c_~.=.._., C~~u~~g ~rzftxttit September 17, 1999 PLANNING DEPARTMENT 25 9upuni Streeq Room 109 • Hilo, Hawau 96720-4252 (808) 961-8288 • Fax (808) 961-8742 Mr. Sidney Fuke 100 Pauahi Street Suite 212 Hilo, Hawaii 96720 Dear Mr. Fuke; Administrative Time Extension to Condition No. 5 Special Pemlit No. 649 Applicant: Desmond Twigg-Smith Tax M~ Kev 7-6-08• Portion of 8 and Portion of 10 This is to acknowledge receipt of your letter dated August 23, 1999. In your letter you requested an administrative time extension to Condition 5 of Special Permit No. 649. This request for, time extension is hereby granted until September 12, 2002 for completion of construction for the proposed 10-room Inn. Condition 5 states: "5. Construction of the proposed 10-room Inn shall commence within three (3) years from the date of receipt of Final Plan Approval and be completed within (3) years from the date of commencement of construction." As stated in your letter, Final Plan Approval was issued on May 20, 1996. A buIIding permit for some of the improvements and one (1) additional room was issued on September 12, 1996. The high costs of the infrastructural improvements was not as anticipated. Subsequent to the completion of the improvements, the economy continued its downward slide and made it difficult to generate needed funds to proceed aggressively with the balance of the improvements. Based on the facts as stated above, the time extension is warranted. In addition, Condition 13 states: " 13. a. the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; APPENDS Mr. Sidney Fuke Page 2 September 17, 1999 b. granting of the time extension would not be contrary to the General Plan or Zoning Code; c, granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; d. the time extension shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year;" Should you have any questions, please feel welcome to contact Eleanor Mirikitani of my staff at 327-3510. . - ---_-Sincerel _ . Y ~IRGINIA GOLDSTEIN Planning Director EMM:rld a: \76008010\fuke, ltr c~ xc: West Hawaii Office COUNTY OF HAWAII. STATE OF HAWAII BILL NO. 3 9 5 (Draft 3) ORDINANCE NO. 91 91 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO VILLAGE COMMERCIAL (CV-la) AT HOLUALOA 1S.T AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-6-08:PORTION OF 10. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Holualoa 1st and 2nd, North Kona, Hawaii, shall be Village Commercial (CV-la): Beginning at the Northeasterly Corner"of this parcel of land, being also an angle point'on the Northerly side of an eaisting 12-ft. wide trail; the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 8,317.45 feet South and 15425:8$ feet East and running by azimuths measured clockwise from True South: 1. 358° 54' 30" 12.07 feet across the eaisting " 12-ft. wide trail to a point; 2. 6° 44' 30" 67.12 feet along stonewall and along the remainders of Allotment 63 of the Holualoa 1st and 2nd Hui Partition and Royal Patent 9475, Land Commission Award 7713, Apana 43 to V. Kamamalu to a point; APPENDIX C 3. 8° 49' 30" 56.82 feet along stonewall and along the remainders of Allotment 63 of the Holualoa 1st and 2nd Hui Partition and Royal Patent 9475, Land.Commis5ion -Award 7713, Apana 43 to V. Kamamalu to point; 4. 9° 20' 20.95 feet along the Westerly. side of an ezistinq roadway to a point; Thence, for the neat siz (6) courses following along the remainders of Allotment 63 of the Holualoa 1st and 2nd Hui Partition and Royal Patent 4975, Land Commission Award 7713, Apana 93 to V. Kamamalu: 5. 82° 33' 30" 241.43 feet to a point;. 6. :.172° 33' 30" 166.92 feet, passing across the eai§ting 12-ft. wide trail; to a point; 7. 26Z° 33' 30" 195.00 feet to a point; 8. 263° 12' 47.28 feet along stonewall to a point; 9. 267° 16' 30" 30.51 feet along stonewall to a point; 10. 274° 21' 59.75 feet along stonewall to the point of beginning and containing an area of 1.000 Acre. A11 as shown on the map attached hereto, marked Ezhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (H) final Plan Approval for the development shall be secured from the Planning Department _2_ within one year from the effective date of the change of zone. To assure adequate time for plan approval review and in accordance with Chapter 25-294 (Zoning Code), Hawaii County Code, as amended, plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall provide for heavy landscaping for the purpose of preserving the green belt and open space; (C) construction shall commence within one year from the date of receipt of Finai Plan Approval and shall be completed {certificate of occupancy) within two years thereafter; (D) a drainage system shall be installed meeting with the requirements of the Department of Public Works; (E) access to the development. shall be restricted to one driveway from Mamalahoa Highway. This access shall be provided over Taa Map r Key Nos: 7-6-8:24 and 27, unless an equivalent or better access (i.e., sight distance, topography, hazards) can be utilized meeting with the approval of the Departments of Public Works and Planning. The driveway access shall be imgroved with a minimum 20-foot wide pavement from Mamalahoa Highway to the development meeting with the approval of the Department of ~ 1 Public Works. These improvements shall be completed grior to issuance of a certificate of occupancy for any part of the ~ development; (F) sight distance, including pavement widening along the frontage of TMR: 7-6-8:05, shall meet with the requirements of the Department of Public Works. These -3- improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; (G) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (H) comply with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, and Public Works; (I) should the council adopt a -Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developers' erection, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (J) the applicant, his successors, assigns or heirs shall not seek an increase in density beyond the maximum of five units until the existing infrastructure on Hualalai Road and Mamalahoa Highway has-been- improved to acceptable standards. The applicant shall submit restrictive deed covenants for the subject property to the planning department for its review and approval prior to the submittal to the State of Hawaii, Bureau of Conveyances for recordation with the final plat maps. These covenants shall be included in the deed and will require that there be no increase _4_ in density on the subject properties until such time as the infrastructure on Hualalai Road and Mamalahoa Highway has been improved to an acceptable standard meeting with the approval of the planning department and department of public works. Once those conditions have been met, this covenant may be eatinguished; (K) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (L) an eztension 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, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time eatension would not be contrary to the General Plan or Zoning Code; 3) granting of the time eatension would not be contrary to the original reasons for the granting of the permit; 4) the time eztension granted shall be for a period not to eaceed the period originally granted for performance (i.e., a condition to be performed within one year may be eztended for up to one additional year); and 5) if the applicant should require an -5- additional eatension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event 'that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED HY: COUNCIL &R, CO TY OF HAWAII Hilo, Hawaii Date of Introduction: August 21, 1991 Date of 1st Reading: August 21, 1991 Date of 2nd Reading: September 4, 1991 Effective Date: September 12, 1991 -6- - ~ TFiLIE AI~I4 ~ i A la ~f3T F'1 ~ A to I ~ SGA LE= ~ I" = 400' I ev-ro P to A to .I Y25-ts A to A la e: _I HOLU A~oA t' WAIMEA ScF-iOOL ev to B 3iZg5 S 15 X425-86 E RS IS •ME'RII U)AN OH RS IS MAMALA}{oA cv 10~ c ro v Lis L-~5 KcA4HOU-+ ev le A Iv V_1.25 S I II A}la I A 10 A la ~ A-lo I i A~rztcuLTURAL (A- o~ TO \/ILLAGE Co MEI~CIAL (GV-lay ~ AIZ A c 1 -000 ACRE \ _-J A-ta ~ ~ I 1 I I I ~ A la I ~ I A la 1 ~ P° 1 P\ "AMENDMENT TO THEZONING CODE AMENDING SECTION ~5-87 (NORTH KONA ZONE MAP) ARTICLE 3, CHAI°TCI~ ~S (ZONING CODE) OF THE 1-tAWAII COUNT7' CoDC ~7' CHANGING THE DISTRICT CLASSIFICATION FROM AGRICUt-T U??AL (A-la) TO VILLAGE COMMERCIAL (C~/-la) AT HOI.UALOA 1ST AND 2ND, NORTH 1<ONA, HAWAII. PR'?PAI~CO L3Y = r'~-P.NNINC-~ bEPAf~TM ANT COUNT' of HAWAII TMK = 7-6-os . to ~~oRTION) DEC . -28, I~'.~o EXHIBIT IIAII n""OR T Tr'E C0~~1MITTEE ON PLANNING DATE: July 30, 1991 Re: Comm. 2671 PLACE: Councilroom - _ - TIME: 1:30 p.m. ' - Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was 'ref erred Bill No. 461, regarding the rezoning request of Desmond Twigg-Smith at Holualoa 1 and 2, North Kona, Hawaii, TMK: 7-6-03:18, reports as follows: Bill No. 961 amends Section 25-90 (Kailua-Honalo Urban Zone Map), Article 3, Chapter 25 (Zoning Code) of the County of Hawaii, by changing the district classification of 38,112± square feet of land from a Village Commercial -10,000 square foot (CV-10) to an Open zoned district. Surrounding land uses include residences and commercial shops and u offices. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area as Medium Density Urban which may allow for neighborhood and village commercial uses and residential uses provided applicable goals, policies and standards are met. Presently, the commercially zoned parcel is almost one-acre in size and is zoned CV-10 or Village Commercial. it is located on the south of Mamalahoa Highway-Old Government Road intersection and is presently planted in coffee where the applicant intends to keep and preserve this agricultural use, a permitted use within an open zoned district. The applicant has a Special Permit No. 649 which allows the establishment of a bed and breakfast lodging facility on 3 acres of a 37.835-acre parcel identified as 7-6-08:10. This permit contains a three bedroom restriction until the driveway access is widened, at which time the applicant wil be able to expand his current operation to maximum of five bedrooms. The applicant would like to down zone this property so that he may swap or exchange this zoning for another one-acre vacant parcel similar in size where he would like to .build his restaurant. APPE'NDIXD PC REPORT No, zz7 ADOPTED: PC-ZZ~ Page 2 July 30, 1991 In submitting a favorable consideration for the change of zone, the Planning Commission concurs with the Planning Director's following reasons: 1) The change of zone would essentially be an eachange or even swap of land area for another CV zoning by the applicant in the general area of Holualoa Village and results in a minimal increase of commercial zoned lands. 2) The continued cultivation of coffee on the property would underscore the agricultural importance of Holualoa as an agricultural community and would assure the open space character of the area. Your Committee on Planning is in accord with the intent and purpose of Bill No. 461 and recommends that it pass first reading. ~r , TAKASHI DO NGO, CHA MAN S HARRY S. DLE, VICE CHR. S Y. KZ, MEMBER BR N DE/LIMA, MEMBER HELENE H. HALE, MEMBER ~ _ MERLE LAI, MEMBER SP R SCHUTTE, MEMBER CES 1 DEPARTMENT OF PUBLIC WORFaS COUNTY OF HAWAII HILO, HAWAII ?~i~3 ,iUl- pal Il ? ~ DATE: July 21, 2003 PL,°r.~~lil'~ ~ '?:.ENT ~4"IrAemo`r~ndum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief ~ Engineering Division SUBJECT Amendment to Change of Zone Ord. No. 91-91 Amendment to Special Permit No. 649-Condition 5 Applicant: Pua 'anui Partnership Location: Holulaloa 1st and 2nd, N. Kona, HI TMK: 3 / 7-6-008: Por. of 5 We reviewed the subject application and our comments are as follows: The conditions of the special permit and Zoning Code amendment should be updated to reflect the current conditions and parcel numbers. BUILDING Buildings shall conform to all requirements of code and statutes pertaining to building construction. Building Permit 961242 for additions and renovations to the existing 2 bedroom dwelling is outstanding (see attached memorandum from our Building Division). No Certificate of Occupancy has been issued. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. Grading Permit 003128 was issued on January 31, 1992 for the access driveway to the Inn. We have no record of completion of the work. 2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. ,~~r•g~.~wa ~5 EXHIBIT b Memorandum to PD Change of Zone Ord. 91-91 Special Permit No. 649 Condition 5 July 21, 2003 Page 2 of 2 2. If required by DPW for any portion of the development, a drainage study shall be prepared and the recommended drainage system shall be constructed meeting with the approval of DPW. 3. Flood Zone "AE", affects the subject parcel as designated by the Flood Insurance Rate Map (FIRM), dated June 2, 1995. Improvements may be subject to the requirements of Chapter 27 -Flood Control, of the Hawaii County Code. 4. If required by DPW, the applicant shall submit a flood study prepared by a licensed professional civil engineer and submit to the Federal Emergency Management Agency (FEMA) for a Letter of Map Change. ROADWAYS 1. Mamalahoa Highway, the County road serving the subject property, is classified in the General Plan as a secondary arterial road. It has an 18-20-ft. wide pavement within a variable right-of-way width (approximately 50-ft. wide in the vicinity of the proposed project). It is substandard based on width, alignment and roadside hazard clearances. 2. The applicant should be required to provide a future road widening setback along the entire Mamalahoa Highway frontage of the subject parcel equal to one half the difference between the existing right-of--way and 60 feet and dedicate it at no cost to the County, upon request by the DPW. 3. The applicant shall remove encroachments or obstructions within the County right- of-way, meeting with the approval of DPW. 4. Access to Mamalahoa Highway, including the provision of adequate sight distances, should meet with the approval of DPW. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Install a street light, signs and markings meeting with the approval of the DPW, Traffic Division. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA PLNG-KONA BUILDING DIVISION . - _ ` Department of Public Works -County of Hawaii Hiio (808) 967-8337 -Fax (808) 961-8410 101 Pauahi St., SUite7-Hilo, Hawaii 96720 Kona (808)3273520-Faz (808)3273509 ? _ r~ July 11,2003 Memorandum TO: KIRAN EMLER, Engineering Division FROM: BRIAN I~JIKAWA, Acting Building Division Chief SUBJECT: VARIANCE APPLICATION SP-649 and Ordinance No. 91-91 Applicant: SIDNEY M. FUKE Owner: PUUANUI PARTNERSHIP TMK: 7-6-8-10 Location: Holualoa ,North Kona Our comments on the subject application are as follows: We have no comments or objections to the application. ® Approval of the application shall be conditioned on the comments as noted below. We oppose the approval of the application for the reasons noted below. ® All new building construction shall conform to current code requirements. The subject dwelling/structure currently has outstanding violations which shall be corrected. The permit for the subject dwelling was never finaled. The minimum setbacks shall be maintained as follows: Residential structures - 3 ft. side, 3 ft. rear Commercial structures - 5 ft. side, 5 ft. rear The projections do not meet setback requirements and should be corrected. No openings in the exterior wall are permitted less than ft. from the property line. The exterior wall or projections shall be constructed to provide a hour fire resistive occupancy separation. An approved automatic sprinkler system is required/to substitute. The common wall shall be constructed to provide a hour fire resistive area separation. ® Others: The Building Permit No. 961242 is not final 01 MAIFR e~t~. fb1w~` ®EPAI~TMERlT OF WATEF2 SUPPLY COUNTY OF HAWAII o ° 345 KEKUANAOA STREET, SUITE 2O ° HILO, HAWAII 96720 4f~R`Nnv1>~A TELEPHONE (808) 961-8050 ° Fnx (808) 961-8657 July 29, 2003 . , TO: Mr. Christopher J. Yuen, Planning Director o Planning Department : a~ o ;sue FROM: Milton D. Pavao, Manager ~ ";i SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 91-91 0~ AMENDMENT TO SPECIAL PERMIT NO. 649 -CONDITION 5 APPLICANT - PUA'ANUI PARTNERSHIP ~ TAX MAP KEY 7-6-008:PORTION OF 5 (FORMERLY 7-6-008:008 AND 010) We have reviewed the amendments to Change of Zone Ordinance No. 91-91 and to Special Permit No. 649 and have the following comments. There are two existing 1-inch service laterals with 5/8-inch meters servicing the inn and other uses not related to the inn. The applicant previously agreed to make other arrangements to provide water for or discontinue the unrelated uses to obtain more water for the proposed inn expansion. Along with this arrangement, an additional six (6) units of water or 3,600 gallons per day was and is still available through the change of zone for the proposed expansion. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment maybe issued for the six additional units. The required water commitment deposit is $900.00. Remittance of $900.00 from the applicant is requested as soon as possible so that a water commitment maybe formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. The applicant will be required to pay the prevailing facilities charge and capital assessment fee for the additional water. We have no objections to the subject amendments with the condition that the applicant comply with applicable requirements of the Department's Rules and Regulations, policies and other conditions that were or maybe mutually agreed upon between the Department and the applicant. ~q ~ / EXH~+IBIT I/l/aEer brirtc~a ~roc~re~~... Mr. Christopher J. Yuen, Planning Director Page 2 July 29, 2003 Should there be any questions, please contact Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070. Sincerely yours, t1 f Milto avao, P.E. Man ger SHK:sco copy - (w/enc.) Mr. Sidney Fuke (w/enc.) Puaanui Partnership ,NAY as M9y, ' Harry Kim ~ ` - Darryl J. Oliveira Mayor Fire CAief ~;•a..~y' Desmond K- Wery 9r~ 01 NN n ~ Depury Fire CkieJ <'~~3 J~1L 1 y R~ R y? F ~ .,;~i . ~ ,,ilr-,err ~uuntp of ~aivaf `f C~%'- '-'.''.i' FIRE DEPARTMENT 25 Aupuni S[reet • Suite 103 • Hilo, Hawaii 96720 ~ (808) 961-8297 Fax (808) 96]-8296 July 11, 2003 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 91-91 AMENDMENT TO SPECIAL PERMIT NO. 649 -CONDITION 5 APPLICANT: PUA'ANUI PARTNERSHIP TAX MAP KEY: 7-6-08:PORTION OF 5 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). S\PU CpG = y~ EXHIBIT , ~ ~ I ~rREO~ ~ Christopher J. Yuen, Planning Director Page 2 July 11, 2003 "3. When there are not more than two Group R, Division 3 or Group M July 11, 2003 Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate countyjurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. Christopher J. Yuen, Planning Director Page 3 July 11, 2003 "Q) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(I) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301: "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying ±he required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207." Of particular note is the paragraph relating to fire hydrants. AR L OLIVEIRA Fire Chief RK:Ik P ` ~ ~ti1k LINDA LINGLE ' - SEMJATdMF1CAYEPAtEO ~ ANTHONY .I.H. CHING GOVERNOR °y EXEGOFIVE OFFICER S `,,`,6® J , ,,'I.. ~ ~I ^T 1 ? ~I n STATE OF I'IAWQII r-.. rv ~ , . ~ - DEPq\FiTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM ~ ~ I LAND USE COMMISSION ~'~'I~"" - ~ P.O. Box 2359 Honolulu, HI 96804-2359 , bs?~~ Telephone: 608-587-3822 Fax: 808-587-3827 July 18, 2003 Mr. Christopher Yuen, Director Planning Department, County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Amendment to Change of Zone Ordinance No. 91-91 Amendment to Special Permit No. 649 -Condition 5 Applicant: Pua'anui Partnership Tax Map Key: 7-6-08:Portion of 5 We acknowledge receipt of your July 2, 2003 memorandum regarding the above subject applications. Given the location, scope, and nature of the proposed activity, the State Land Use Commission defers to the judgment of the County of Hawaii in this matter. We have no further comments to offer at this time. Thank you for the opportunity to comment on the subject project. Please feel free to contact me at 587-3822 should you require clarification or any further assistance. Sincerely, ~ ~j'r «1'y ~'~"s..~ ANTHONY J. C ING Executive Officer EXHIBIT E ce..=° .LP 1B~~1~`g°'F qi 4 'µv~ye~`, LINDA LINGLE "O6 CNIVOME L. FUKINO, M.D. pO VERNOR ~ DIRECTOR OF HEALTH ~.g,,,...~ r003 AUG 5 p.m 2 37 STATE OF HAWAII DEPARTMENTOFHEALTH F~~'-~`4~II~ P.o. 8°x9,6 -,,,~~Nr HILO, HAWAII 96727-0916 ~~"I~'~ ~ ~ ;/,A~11 MEMORANDUM DATE: July 30, 2003 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno District Environmental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 91-91 Amendment to Special Permit No. 649 -Condition 5 Applicant: Pua'anui Partnership Tax Map Key: 7-6-08:Portion of 5 W WB is unable to comments to the proposed project at this time. Before we can offer any comments, the applicant needs to address the following: 1. The amount of wastewater to be generated by the project. 2. The quality of the wastewater to be generated by the project. 3. The location of all existing wastewater systems. WORD:Pua'anui Partnership.at EXHIBIT F SidneyFuke, Planning Consultant P a r ~ ~ i i ~-t<~~ 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 ~1, t ~ ~ • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax (808) 969-7996 ~q • Subdivision • Land Use Permits JUIy 29, 2003 ~ ~ • Environmental Reports Cn~; rti` c~~'&SGf A .r' Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Amendment to Rezoning Ord. No. 91-91 and Special Permit No. 649, Pua'anui Partnership Holualoa, North Kona, HI, TMK: 7-6-008: Portion of 5 Thank you for providing me with a copy of agency comments to date regarding the subject matter. In response to said comments, please note the following: Denaztment of Public Works As the improvements have been completed, the applicant was under the erroneous impression that a certificate of occupancy was issued. The applicant apologizes for this oversight and will follow this up with the former contractor. Prior to any land disturbance activity, the required permits will be secured from the County. A drainage system will be designed and implemented in conjunction with the development of this site. The plan will reflect the containment and/or disposal of all on-site generated water on the site. There are no plans to do any improvements with the Zone "AE" area. In the unlikely event that improvements aze needed there, the appropriate clearances and permits from the County will be secured. The applicant has no objections to setting aside and dedicating a 5-foot strip of land fronting the subject site for the future road widening of the Mamalahoa Highway. Encroachments associated with the project and located within the existing road right-of- way will be removed in a manner meeting with the approval of the Department of Public Works. If needed, the street light at the entrance to the subject property at the Mamalahoa Highway will be installed by the applicant in conjunction with the development of the commercially zoned area. Fire Department The requirements of the Fire Department relative to fire access, sprinklers, and related fire protective measures will be done during the building permit review process for any new structures. It should be noted that the Fire Department is one of the agencies that must review and approve a building permit. As such, the fire concerns will have to be accommodated before a permit can be issued. EXHIBIT ~is;~;?~sP..~....~ Mr. Christopher Yuen July 29, 2003 Page 2 We note that the State Land Use Commission, County Department of Environmental Management and Police Department had no objections or significant comments to offer on these applications. We trust that the aforementioned adequately responded to the comments. If not or if there are further comments on this matter, please feel free to contact me. Thank you very much. Sincerely, r ~l S ~EY M. FUKE Planning Consultant Copy -Department of Public Works Fire Department Pua anui Partnership w/ enclosures SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 _ • Planning • Variance • Zoning Telephone: (808) 969-7522 • Faz: (808) 969-7996 • Subdivision • Lantl Use Permits • Environmental Reports August 6, 2003 Mr. Christopher Yuen, Director County Planning Department 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning and SP Time Extension Requests Pua'anui Partnership, TMK: 7-6-08: Portion of 5 This is to confirm and follow up on my discussion with Norman Hayashi of your staff regazding the subject matter. Pursuant to our discussion, please note that: a. The applicant does not object to having the subject hearings and/or applications processed sepazately. We do understand that although the nature of the requests (i.e., time extension) is similaz, they deal with two sepazate projects and permits. b. Due to a consolidation/resubdivision action, the appropriate tax map key I covered by Ord. No. 91-91 is now a portion of 5 instead of 10. This action j also resulted in the consolidation of the driveway access parcels (TMK: 7- 6-08: 24 arid 27) referred to in condition E of Ord. No. 91-91 into parcel 5. i As such, if appropriate, the applicant has no objections to having such editorial changes also included with the pending time extension requests. i c. The improvements to the Mamalahoa Highway referred to in Condition J have been completed. I am enclosing pertinent correspondences with your office on this matter for your information and use. I trust that the foregoing information adequately responded and/or confirmed my discussion with your staff. If not or if there are further questions on this matter, please feel free to contact me. Thank you very much. 'ncerely,~~! SIDNEY M. FUKE Planning Consultant Enclosures Copy - Pua'anui Partnership w/ enclosures via FAX ( EXHIBIT H VMtV Dr • ~ Donna Fay K. Kiyasaki Stephen K. Yamashiro - Cki<j Engineer M°y°r = Riley W. Smith ~'rr o~•N~,:M~` Depwry Chiej Entineer (~~ix~cfg >z~ ~c£tr~tii DEPARTMENT OF PUBLIC WORKS 25 Aupuni Strcet, Room 202 Hilo, Hawaii 96720-4252 (8067 961-8321 Fax (808) 969-1138 ---May-13.-3995-- - - - Christan Twigg-Smith 76-6036 Mamalahoa Hwy Holualoa, HI 96725 SUBJECT: Completion of Improvements Location: Holualoa 3rd, North Kona, HI TMK: 7-7-~.; 04 Grading Permit No.: 3882 This is to inform you that the roadway improvements for the subject grading permit have been completed according to the approved plans. As requested, a final construction inspection for the subject project was held on A/p//riil 171995. Galen Kuba, Acting Division Chief Engineering Division TWP: sls cc: Engineering-Hilo Engineering-Kona `OJN`Y Oi Ngw9, ~ y6i~- _ Virginia Goldstein Stephen K. Yamashiro Dimctar Mayor Norman Olesen erg>• °;N~ Deputy Director f Us•Nr ~II1tTt~~J II~ ~MflTttit PLANNING DEPARTMENT 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 (808) 961-8268 Fax (808) 961-9615 January 19, 1994 Mr. Sidney M. Fuke Sidney Fuke and Associates 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Special Permit No. 649 (SPP 649) Applicant: Desmond Twigg-Smith Approved Use: 10-Room Inn Agreement for Roadway Improvements & Letter of Credit Tax Map Kev: 7-6-08: Portion of 8 & 10 We are in receipt of your letter dated December 20, 1993, regarding the above-referenced permit. As consummated with the County of Hawaii and as represented to the Planning Commission at its December 15, 1993, public hearing on the request, an agreement for certain roadway improvements along the Mamalahoa Highway was effectuated and a Letter of Credit in the amount of $90,000 to cover the cost of these improvements was submitted. These submittals satisfied the requirements of Condition J (no request for expansion of B & B use until completion of roadway improvements to Hualalai Road and Mamalahoa Highway) of , Ordinance No. 91-91. Therefore, restrictions on any request for the expansion of the 5-bedroom B & B have been subsequently lifted. However, we would like to temper this statement by noting that the lifting of the restriction does not imply tacit approval of any request for the expansion of the existing B & B operation. Similar to the recent approval of the amendment to SPP 649 to allow the expansion of the existing B & B to a 10-room Inn, any proposed expansion will be reviewed by this office and the Planning Commission on a case by case basis. For your information, we have recently received the original copy of the Irrevocable Standby Letter of Credit in the amount of $90,000 from First Hawaiian Bank. I Mr. Sidney M. Fuke Page 2 January 19, 1994 Thank you for your attention to these matters. Please contact Daryn Arai or Rodney Nakano of this office should you have any questions. _ Sincerely - - - - - ~ VINIA LDSTEIN Plan ing rector DSA:mjh LTwigg02.DSA xc/ltr: West Hawaii office TMK file REZ 694 SLU 783 Desmond Twigg-Smith i I SidneyFuke&Associates 100 Pauahi Street Suite 212 ~ Hilo, Hawaii 96720 Consulting Land Use Planners Telephone: (80B) 969-7522 ~ Fax: (808) 969-7996 December 20, 1993 Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII _ _.25_~Upuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: RE: Holualoa Inn - Bed and Breakfast Desmond Twigq-Smith (SP No. 649) Understanding and unraveling the history of this application was made simpler through your and your staff's assistance and guidance. -Thank you very much. We believe that in the end, this project will serve the community of Holualoa very well. As you recall, an agreement between your office and the applicant was consummated in April 5, 1991. Said agreement stipulated that the applicant would not seek to expand his project until certain improvements were made. We trust that with a) the agreement to make certain off-site roadway - improvements and the posting of the bond; and b) your favorable recommendation and the Planning Commission's subsequent approval of the applicant's 5-room addition that the "no-expansion" restriction has been lifted. However, the applicant understands - as was discussed at the Planning Commission's December 15 meeting - that the processing and off-site infrastructural improvement requirements for any expansion of the project would be looked upon on a case by case basis. Again, thank you very much for your guidance and assistance on this matter. S' c~rely, ~~v"~~ SIDNEY M. FUKE Planning Consultant cc Mr. Desmond Twigg-Smith atv or N~ u?~'~'"'~ ~'w,o Virginia Goldstein . , yl~i;~ Stephen K. Yamashiro - ~ - D(rator Mayor Norman Olesen ii ~ .F•~ Deputy Director „E oi•Hi.~+ ~ITIIYC~~J II~ ~FI~1T?~tt PLANNING DEPARTMENT 25 Aupuni Street, Room I09 • Hilo, Hawaii 96720-4252 (808) 961-8288 Fax (808) 961-9615 December 7, 1993 Mr. Sidney Fuke 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 Dear Mr. Fuke: Chanqe of Zone Ordinance No. 91-91 Compliance with Condition No. J. TMK: 7-6-08: 10 This is to acknowledge receipt of the letter dated December 1, 1993 and the attachments related to the subject matter. This submittal with the executed agreement and letter of credit satifies the requirements of Condition No. J of Ordinance No. 91-91. We will be circulating the agreement to the required parties for their signatures and will send you a copy. Based on the above, we will now proceed with the processing to the Planning Commission of Mr. Twigg-Smith's amendments to Special Permit No. 649. Should you have any questions, please feel welcome to contact Royden Yamasato of our office at 329-4878. Sincerely, VIR I IA GO STEIN Plan ing Di ector RHY:rld 0630Q xc: Special Permit No. 649 Department of Public Works ~ West Hawaii office I - - - - - - A G R E E M E N T THIS AGREEMENT, made, executed, and delivered this day of December, 1993, by and between AKALA, a - registered-Hawaii partnership; of--which-Desmond--T-wgg-Smith-- is its General Partner, hereinafter called the "First Party," whose business address is P. O. Box 222, Holualoa, Hawaii 96725, and the COUNTY OF HAWAII, whose business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Second Party," through its Planr9.~.azc? Department and Department of Public Works. W I T N E S S E T H WHEREAS, in accordance with County of Hawaii Ordinance No. 91 91, a one (I) acre portion of a property identified by TMK: 7-6-08: 10, Holualoa 1st and 2nd, North Kona, Hawaii, was rezoned from Agricultural (a-la) to Village Commerci.ali. (CV-la) on September 12, 1991; and WHEREAS, said ordinance was approved with certain conditions, one of them being the following: "(J) the applicant, his successors, assigns or heirs shall not seek an increase in density beyond the maximum of five units until the existing infra- structure on Hualalai Road and Mamalahoa Highway has been improved to acceptable standards. The applicant shall submit restrictive deed covenants for the subject property to the planning department for its review and approval prior to the submittal to the State of Hawaii, Bureau of Conveyances -1- - for recordation with the final plat maps. These covenants shall be included in the decd and will require that there be no increase in density on the subject properties until such time as the infrastructure on Hualalai Road and Mamalohoa Highway has been improved to an acceptable standard meeting with the approvT of tFie planning department- ~ - - department of public works. Once these conditions have been met, this covenant may be extinguished;" and WHEREAS, pursuant to the aforementioned condition and after discussions with the Second Party, the First Party s.s prepared to make certain roadway improvements to satisfy said condition; and WHEREAS, the First Party proposes to improve the sight distance along the mauka side of .the Old Mamalahoa Highway, approximately 100 yards north of the intersection of said Highway with the Hualalai Road by the removal of a mauka embankment within the existing right-of-way, the construction of the needed stabilization of the°embankment, the relocation and/or stabilization o£ the existing utility pole, and the relocation of the roadway further mauka. NOW, THEREFORE, IT IS HEREBY AGREED, by and between the First Party and Second Party, that: 1. The First Party shall prepare the required construction plans for the review and approval ~f the Second Party and shall. make, install, and , complete all of the improvements on or before the i -2- 30th day of August, 1994, in accordance with the said construction plans and specifications therefor, in accordance with the requirements of the County and to the satisfaction of the Chief Engineer of the Department of Public Works. 2. In the event the First Party fails to complete all required improvements within the time specified hereinabove or such extension as may be mutually agreed upon in writing or fails to timely complete or abandons any plans to increase the density of the property identified by'TMK: 7-6-08: 10, or this agreement is terminated by the Second Party for the First Party's non-compliance with any provision contained in this agreement, the Second Party may complete the improvements and recover the full cost and expense thereof from the First Party. 3. The First Party's obligations to complete the improvements as specified in this agreement shall be secured by a good and sufficient surety bond (other than personal surety), certified check, or other security acceptable to the Planning Director and approved by the Corporation Counsel, such bond or other acceptable security.to be payable to the Second Party and conditioned upon the faithful -3- performance of any and all work required to be done by the First Party in accordance with the provisions of this agreement. Said bond or other acceptable security shall be no less than the sum of NINETY THOUSAND AND 00/100 DOLLARS ($90,000). 4. In consideration of the aforesaid, the Second Party hereby approves of this agreement as being fulfillment of Condition J of Ordinance No. 91 9~. IN WITNESS WHEREOF, the said Desmond Twigg-Smith, General Partner of Akala, has caused this instrument to be executed on the day of December, 1993. AKALA, a registered Hawaii , partnersh~ _ /G31~ By: Desmond Twigg-Smi General Partner FIRST PARTY STATE OF HAWAII ) SS: COUNTY OF HAWAI ) On this day of December, 1993, before me appeared DESMOND TWIGG-SMITH, General Partner of Akala, to me personally known, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authoriz~execute such instrument in such capaci~ ~ Notary Public, Third Judicial Circuit State of Hawaii My commission expires: ~~"y7 9~ -4- COUNTY OF HAWAII By: Its Mayor y:-- - - - - Its Planning Director By: Its Chief Engineer SECOND PARTY -5- RPuaanuiREZAmend-8/6/03 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PUAANUI PARTNERSHIP CHANGE OF ZONE ORDINANCE N0.91 91 (REZ N0.694) AMENDMENT TO CONDITIONS B AND C Upon review of the request, the Planning Director recommends that a favorable recommendation of the request to amend Conditions B and C of Change of Zone Ordinance No. 91 91 be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public heazing. This favorable recommendation is based on the following findings: The applicant is requesting amendments to Conditions B (secure Final Plan Approval) and C (commence construction) of Ordinance No. 91 91 for an additional 5 yeazs to complete the construction of a restaurant on approximately one acre within a State Land Use Urban-designated and Village Commercial-zoned portion of a 22-acre property. The applicant has also requested a concurrent amendment to Condition No. 5 of Special Permit No. 649, which allowed the establishment of a 10-bedroom inn. Effective September 12, 1991, Ordinance No. 91 91 changed the district classification of the subject property from Agricultural (A-la) to Village Commercial (CV-la). The applicant requested the change of zone to construct a restaurant and related facilities within aone-acre portion of the property. Under Condition B, Final Plan Approval for the development should have been secured within one yeaz from the effective date of the change of zone, or September 12, 1992. In addition, Condition C required the commencement of construction within one yeaz from the date of receipt of Final Plan Approval and completion (certificate of occupancy) within two yeazs thereafter. Final Plan Approval was not secured, and the applicant did not apply for a -1- c - 37`~ Cc3~ lI /6~) PC time extension, although the applicant's desire was to develop the property consistent with the Village Commercial zoning. The applicant is requesting the amendments to allow additional time for construction of the restaurant. The inability of the applicant to comply with the requirements of Conditions B and C of Change of Zone Ordinance No. 91 91 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. Ordinance No. 91 91 was approved for commercial uses on the site. Since the granting of the Change of Zone, there has been a restructuring of the property ownership, which resulted in the original property being consolidated and resubdivided. This restructuring has also affected the timely development of the proposed project. The applicant completed roadway improvements to the Mamalahoa Highway as required under the ordinance, and was unable to complete the restaurant due to financial and time constraints. Together with the sluggish economy and the unanticipated cost of the improvements, the applicant was unable to fulfill conditions of the Change of Zone ordinance. As the economy is slowly showing signs of recovery, the applicant now feels that the construction of the proposed restaurant can be completed within the next five yeazs. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the azea for Medium Density Urban uses. The affected azea is zoned CV-la. The County Zoning Code has subsequently been revised since this rezoning was approved. However, compliance with all applicable requirements such as setback, height and landscaping will still be required. All essential utilities and services aze available to the site. The request would not adversely impact the land use pattern in the immediate azea. The granting of this request would not be contrary to the original reasons for granting the change of zone request. Based on the above findings, the request to amend Conditions B and C would not be contrary to the original reasons for approving the Change of Zone. To reflect current language used in the conditions of approval and to reflect the applicant's request, a new Condition B incorporating requirements from existing Conditions B and C, is proposed. Also proposed is an amendment to Condition L, to state that the Planning Director may -2- initiate rezoning of the area to its original or more appropriate designation should conditions not be met or substantially complied with in a timely fashion. It is recommended that a favorable recommendation be forwazded to the County Council with the following changes to Ordinance No. 91 91. (Material to be deleted is bracketed and material to be added is underscored): A. The applicant, successors or assigns shall be responsible for complying with all of the conditions of approval; B. [final Plan Approval for the development shall be secured from the Planning Department within one yeaz from the effective date of the change of zone. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning code), Hawaii County Code, as amended, plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall provide for heavy landscaping for the purpose of preserving the green belt and open space;] Construction of the proposed development shall be completed within five (5) veazs from the date of this amendment. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existine and proposed structures, fire protection measures, paved driveway accesses and parking stalls and other improvements associated with the proposed use. Landscapine shall be included in the development plans to miti¢ate any potential adverse noise or visual impacts to adiacent properties in accordance with the Planning Department's Rule No. 17 (Landscapin¢ Requirements); [C. construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed (certificate of occupancy) within two years thereafter;] [D.] C. a drainage system shall be installed meeting with the requirements of the -3- Depaztment of Public Works; [E.]. D. access to the development shall be restricted to one driveway from Mamalahoa Highway. This access shall be provided over Tax Map key Nos: 7-6-8: 24 and 27, unless an equivalent or better access (i.e., sight distance, topography, hazards) can be utilized meeting with the approval of the Department of Public Works and Planning. The driveway access shall be improved with a minimum 20-foot wide pavement from Mamalahoa Highway to the development meeting with the approval of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; [F]. E. sight distance, including pavement widening along the frontage of TMK: 7-6-8: O5, shall meet with the requirements of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; [G]. F. should any unidentified sites or remains such as artifacts, shell, bone, or chazcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate azea shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Depaztment when it fords that sufficient mitigative measures have been taken; [H.] G. comply with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, and Public Works; [I.] H. should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developers' election, be satisfied by performance in accordance with the requirements of the Unified -4- Impact Fees Ordinance; [J.] I. the applicant, his successors, assigns or heirs shall not seek an increase in density beyond the maximum of five units until the existing infrastructure on Hualalai Road and Mamalahoa Highway has been improved to acceptable standazds. The applicant shall submit restrictive deed covenants for the subject property to the planning department for its review and approval prior to the submittal to the State of Hawaii, Bureau of Conveyances for recordation with the final plat maps. These covenants shall be included in the deed and will require that there be no increase in density on the subject properties until such time as the infrastructure on Hualalai Road and Mamalahoa Highway has been improved to an acceptable standard meeting with the approval of the planning department and department of public works. Once those conditions have been met, this covenant may be extinguished; [K] J. an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports aze not required; and, [L.] K. an 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 aze beyond the control of the applicant, successors or assigns, and that aze 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 -5- permit; 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 maybe extended for up to one additional year); and 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] may initiate rezoning of the area to its original or more appropriate designation. The accompanying draft bill to amend Conditions B, C and L of Ordinance No. 91 91 is provided for your favorable consideration. -6- n~: f. COUNTY OF HAWAI`k °s~ u~fi~ ';STATE OF HAWAII x -y„ ~ ~ BILL NO. (PLANNING DEPARTMENT) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 91-91, WHICH CHANGED THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO VILLAGE COMMERCIAL (CV-la) AT HOLUALOA 1sT AND 2ND NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-6-8:PORTION OF 10. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 91-91 is amended as follows: " SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successors or assigns shall be responsible f;: complying with all of the conditions of approval; B. [final Plan Approval for the development shall be secured from the Planning Department within one year from the effective date of the change of zone. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning code), Hawaii County Code, as amended, plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall provide for heavy landscaping for the purpose of preserving the green belt and open space;] Construction of the proposed development shall be completed within five (5) years from the date of this amendment. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and -1- parking stalls and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adi acent properties in accordance with the Planning Department's Rule No. 17 (Landscapine Requirements); [C. construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed (certificate of occupancy) within two years thereafter;] [D.] C. a drainage system shall be installed meeting with the requirements of the Department of Public Works; [E.]. D. access to the development shall be restricted to one driveway from Mamalahoa Highway. This access shall be provided over Tax Map key Nos: 7-6-8: 24 and 27, unless an equivalent or better access (i.e., sight distance, topography, hazards) can be utilized meeting with the approval of the Department of Public Works and Planning. The driveway access shall be improved with a minimum 20-foot wide pavement from Mamalahoa Highway to the development meeting with the approval of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; [F]. E. sight distance, including pavement widening along the frontage of TMK: 7-6-8: O5, shall meet with the requirements of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; [G]. F. should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning -2- Department when it finds that sufficient mitigative measures have been taken; [H.] G. comply with ali other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, and Public Works; [L] H. should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developers' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; [J.] I. the applicant, his successors, assigns or heirs shall not seek an increase in density beyond the maximum of five units until the existing infrastructure on Hualalai Road and Mamalahoa Highway has been improved to acceptable standards. The applicant shall submit restrictive deed covenants for the subject property to the planning departmen[ for its review and approval prior to the submittal to the State of Hawaii, Bureau of Conveyances for recordation with the final plat maps. These covenants shall be included in the deed and will require that there be no increase in density on the subject properties until such time as the infrastructure on Hualalai Road and Mamalahoa Highway has been improved to an acceptable standard meeting with the approval of the planning department and department of public works. Once those conditions have been met, this covenant maybe extinguished; [K] J. an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until al] of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; -3- - _ - and, [L]. K. an extension of time for the performance of conditions within the ordinance maybe 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, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the General Plan or Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the permit; 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 maybe extended for up to one additional year); and 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] may initiate rezoning of the area to its original or more appropriate designation." SECTION 3. Material to be deleted is bracketed and materials to be added is underscored. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -5- FOR REFERENCE ONLY 7~uC I ' I A la NORTH ~ \ SCALE: '4 IO i I ~ I°=40o' cv-lo I V P.-IQ 1 A 1° I A la Rs IS A la +nAIMEA NoLVA~-oAI I B 317.45 S BcblooL CV 10 15425.H@E "}~AILLiA C~oR>-H t2S I5 RS IS 'MERIl71AN).q MA/~ALAHOA cv c 10 v Leg - v I-25 ~cAVNOU+ cv to A la i, S S x_1.2 111 i i. A ' ° Sub'ect Site A to I A-1° I ,AGRICULTURAL (A- o) To VILLAGE Co MERCIAL (GV-lo~ AR A = 1-000 ACRE ' A-fe \ \ ~ ~ I I 1 I I I A Ia I I 1 I A la l \ ~ 1 ` \ ~J ~O O AMENDMENT TO THE -ZONING CODE - AMEN0ING SECTION '25-87 (NORTH 1<oN,4 ZONE MAf°) ARTICLE' 3, CHA1°TC--~ ZS ('ZONING COp~) OF TH>= HAWAII COl1NT7' CoCG C3y CHANGING THE r~15'T'f~1GT CLASSIFICATION FROM AGf~ZICUL T U(~?AL (A-Iq~ TO VILLAGE COMMEi1CiAf_ ~C~/-la) AT HOLLIALOA 1ST AND 2Nb, NORTH KONA, HAWAII. PRE PARCH ~Y ' p~--ANNING bBpAI~TM ENT CbUN7Y ot= NAWA)t TMK = 7-~-08 c to (I°ORTION} - - DEC _'28, I~~o