HomeMy WebLinkAboutCOM 0241.000 2004-2006 MtY or M
-~'y W~ Dixie Kaetsu
Harry Kim
Mayor : • Managing Director
Peter L. Hendricks
• >i'o~'»i't~ Deputy Managing Diree(or
COUNTY OF HAWAII
2S Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 Pax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740
(808) 329-5226 Fax (808) 326-5663
April 19, 2005
Honorable Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
?Amendment to Change of Zone Ordinance 92-7 (REZ 705)
Applicant: Puluwai, LLC
Request: Time Extension to Conditions B, C & O
Tax Map Key: 2-4-3:portion 21
Change of Zone Application (REZ 04-028)
Applicant: Jeffrey Hunt
Request: RS-10 to CV-10
Tax Map Key: I-5-11:10
State Land Use Boundary Amendment Application (SLU 04-012)
Request: Urban to Agricultural and Agricultural to Urban
Change of Zone Application (REZ 04-027)
Request: RM-1 to A-20a & A-20a to RM-1
Applicant: Johanna Leaird/Kamehameha Schools
Tax Map Key: 2-6-8 poi 22 and 2-6-9:por 8
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,
~~y
Harry Kim
(6. Mayor
L042205may
Enclosures
cc: Planning Department Comm. No.
~ ~q p Ref, To:
k7lJ~K 7 e~ 7 Hawaii County is an Equal Opportunity Employer and Provider Rif. UQt~ ApR 2 5 20~
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County of Hawaii
PLANNING COMMISSION
Aupuni Cen[er • 101 Pauahi S[ree[, Suite 3 • Hilo, Hawaii 96720
Phone (808)961-8288 Fax (808)961-8742
April 18, 2005 -
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Amendment to Change of Zone Ordinance 92-7 (REZ 705)
Applicant: Puluwai, LLC
Request: Time Extension to Conditions B, C & O
Tax Man Key' 2-4-3'nortion 21
The Planning Commission, after a duly held public hearing on April 1, 2005, voted to
recommend for your approval the proposed legislative bill for time extensions to comply with
Condition B (submission of water commitment payment), Condition C (submission of
subdivision plans) and Condition O (submission of annual report) of Ordinance No. 92-7, which
rezoned approximately 6.0003 acres of land from an Agricultural 3-acre (A-3a) to a Single
Family Residential - 10,000 square foot (RS-10) district. The property is located along the north
side of Kawailani Street, adjacent to and east of the Life Care Center complex, Waiakea, South
Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
Effective January 22, 1992, the property was rezoned from Agricultural 3-acre (A-
3a) to Single-Family Residential 10,000 square feet (RS-10) under Ordinance No. 92 7 to
allow the subdivision of the property into twenty-one approximately 10,000-square foot
lots. On November 29, 1994, an administrative extension of time was granted until
March 13, 1996 to comply with Condition C of Ordinance No. 92 7. The applicant is
purchasing the property from the original landowners and requests the time extensions to
Conditions B, C and O to complete the planning, financing and construction of the
subdivision. The applicant requests that all time performance conditions within the
ordinance be extended relative to the effective date of the extension.
Hawni'i County is an Equal Opportunfly Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
The General Plan LUPAG Map designates the azea as Low Density Urban. The
current zoning of Single-Family Residential 10,000 square feet (RS-10) is consistent with
the existing General Plan designation for this area. All essential utilities and services are
available to the site. Agencies reviewing the request had no objections to the request. In
a memorandum dated November 18, 2004, the Department of Public Works has stated
that a portion of the pazcel is located within Flood Zone AH as designated on the Flood
Insurance Rate Map (FIRIM) by the Federal Emergency Management Agency (FEMA).
Flood Zone AH is the Special Flood Hazard Area inundated by the 100-year flood. On
May 7, 1992, FEMA issued a Conditional Letter of Map Revision for the proposed storm
drain within the construction plan for this parcel titled, "Kawailani Estates Subdivision,
Proposed Storm Drain Plan and Profile." Compliance with all other conditions of
Ordinance No. 92 7 is still required.
Based on the above findings, the proposed amendment to Conditions B, C and O
of Ordinance No. 92 7 is not contrary to the original reasons for approving the Change of
Zone. In addition, the Planning Director is recommending that existing conditions in the
ordinance be revised to reflect the current standard language for conditions of approval
and that, among others, a fair share contribution condition be added.
For your favorable consideration, an amendment to Ordinance No. 92-7 is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,%
Gal ones, Chairman
Planning Commission
Lpuluwai02PC
Enclosures
cc: Mr. Brian Anderson
Mr. Edward Andrade
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD/Kona
Rodney Haraga, Director/DOT-Highways, Honolulu
. ~ i
BPuluwaiREZrUneud.dce-ll /30/04
COUNTY OF HAWAII PLANNWG DEPARTMENT
BACKGROUND REPORT
PULUWAI, LLC
CHANGE OR ZONE ORDINANCE N0.92 7 (REZ N0.705)
AMENDMENT TO CONDITIONS B. C AND O
PULUWAI, LLC has submitted a request for time extensions to comply with Condition
B (submission of water commitment payment), Condition C (submission of subdivision plans)
and Condition O (submission of annual report) of Ordinance No. 92 7, which rezoned
approximately 6.003 acres of land from an Agricultural 3-acre (A-3a) to aSingle-Family
Residential 10,000 square foot (RS-10) district. The property is located along the north side of
Kawailani Street, adjacent to and east of the Life Care Center complex, Waiakea, South Hilo,
Hawaii, TMK: 2-4-3: Por. 21.
APPLICANT'S REQUEST
1. Request: Time extension to Conditions B (submit water commitment payment), C
(submit subdivision plans) and O (submit annual report) of Ordinance No. 92 7, which
changed the district classification from Agricultural 3-acres (A-3a) to Single-Family
Residential 10,000 square feet {RS-10) to allow the subdivision of the property into
twenty-one approximately 10,000-square foot lots. The applicant is purchasing the
property from the original landowners and requests the additional time to complete the
planning, financing and construction of the proposed subdivision. The applicant requests
that all time performance conditions within the ordinance be extended relative to the
effective date of the extension. (Eabibit A -Applicant's letter dated September 27,
2004 and Ordinance No. 92 7)
BACKGROUND INFORMATION
2. January 22,1992: Effective date of Ordinance No. 92 7 which amended the district
classification from Agricultural (A-3a) to Single-Family Residenfial (RS-10).
3. November 29,1994: Administrative extension of time granted to March 13, 1996 to
comply with Condition C of Ordinance No. 92 7.
-t-
ATTACH: Caam. 241
(Bill 92)
4. Conditions B, C and O of Ordinance No. 92 7: (proposed deletions are bracketed and
struck through; proposed additions are underscored)
B. the applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the effective date of the
amendment to [aflpres~al el] the change of zone.
C. subdivision plans shall be submitted within one year from the effective
date of the [sane-strange] amendment to the change of zone. Final
Subdivision Approval shall be secured within two years from the date of
receipt of tentative subdivision approval;
O. an annual progress report shall be submitted to the Planning Director prior
to the anniversary date of the effective date of the amendment to 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 the conditions of approval have been complied
with and the Planning Director acknowledges that further reports are not
required;
AGENCIE5' COMMENTS
5. Department of Public Works: Exhibit B -November 18, 2004 Memo and Federal
Emergency Management Agency's May 7, 1992 Conditional Letter of Map Revision
AGENCIES - NO OBJECTIONS
6. Fire Department, Police Department
AGENCIES - NO RESPONSE
7. Department of Water Supply, Department of Parks & Recreation, Office of Housing
and Community Development, Department of Land and Natural Resources Land
Division and Historic Preservation Division, Department of Health
PUBLIC COMMENTS
8. None as of this writing.
-2-
Brian A. Anderson
P.O. Box 1237 Kamuela, Hawaii 96743
phone 885-441 1 fax 885-4620 email Brian@anekona.com
september z~, zoo4 ~
1::T
Mr. Christopher Yuen, Director " ~ „ , ~ ~''~~'~'1i
Hawaii County Planning Department
O1 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Change of Zone Ordinance No. 92-7
Kawailani Estate Partnership
TMK: 2-4-03:Portion of 21
Thank you for youe letter of September 1, 2004, regal°ding the above subject Change of Zone
Ordinance. Following is the information requested.
1. You will find enclosed a letter from Kawailani Estates Partnership authorizing us to
apply for the amendment to the Change of Zone Ordinance.
2. You will find enclosed a check in the amount of $250.00 for the filing fee to amend
the Change of Zone Ordinance.
3. We are requesting that the effective date of the ordinance be extended to the date of
the extension of the zone change approval and all time performance conditions
within the ordinance be extended relative to the effective date of this extension.
Specifically, condition "(B) the applicant shall submit the required water
commitment payment to the Department of Water Supply in accordance with its
"Water Commitment Guidelines Policy" within ninety days from the date of
approval of the extension of the change of zone; (C) subdivision plans shall be
submitted within one year from the effective date of the extension of the zone
change. Final subdivision approval shall be secured within two years from the date
of receipt of tentative subdivision approval; (O) an annual progress report shall be
submitted to the Planning Director prioi° to the anniversary date of the effective date
of the extension of the change of zone."
We are not the original entity that sought and eeceived this zone change. We are
purchasing this property from the original entity and will need the requested time in
order to complete the planning, financing and constz°uction of this subdivision.
Should you have any questions please call Mr. Edward Andrade at 968-100'7 and make your
response to him at PO Box 4394, Hilo, fii 96720.
Sincerely,
Beian Anderson
Puluwai, LLC.
Xe: Hank Correa, hank Corree~ Realty ~X~n~B~~
/"C
COgJNTY OF HAWAII STATE OF HAWAII
BILL NO. s ~ a
(Draft 3)
ox~slNANC~ r~ro. ~2 ~
AN ORDINANCE AMENDING SECTION 25-119 (CITY OF HZLO ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FRGIwi AGRICULTURAL (A-3 a) TO
SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-4-03:PORTION OF 21.
BE IT ORDAINED BY 1'HE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-114, 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 Waiakea, South Hilo, Hawaii, shall be Single
Family Residential (RS-10):
Beginning at the east corner of this parcel of land, being
the south corner of Lot A-2, a portion of Grant 10,897 to
Leopold F. Sternemann or Heirs and on the northerly side
of Kawailani Street, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALAI" being 12,232.78 feet South and
1,145.49 feet East, thence running by azimuths measured
clockwise from True South:
1. 85° 40' 440.00 feet along Kawailani
Street;
2. Thence along Lot 619-A-3, along a curve to the right
with a radius of 20.00
feet, the chord azimuth
and distance being:
130° 40' 28.28 feet;
3. 175° 40' 548.39 feet along Lot 619-A-3;
4. 265° 40' 460.00 feet along Lot 619-A-3;
5. 355° 40' 568.39 feet along Lot A-1 and Lot
A-2, being portions of
Grant 10,897 to Leopold F.
Sternemann or Heirs to the
point of beginning and
containing an area of
6.0003 Acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicant, successors,
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) the applicant shall submit
the required water commitment payment to the Department of
water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the date of approval
of the change of zone; (C) subdivision plans shall be submitted
within one year from the effective date of the zone change.
Final Subdivision Approval shall be secured within two years
from the date of receipt of tentative subdivision approval;
(D) access to the proposed lots shall meet with the approval of
the Department of Public works. Interior subdivision roads
shall be provided with curbs, gutters, and sidewalks meeting
the approval of the Department of Public Works; (E) underground
utilities shall be constructed; (F) a 10-foot wide road
widening strip along the Kawailani Street frontage of the
property shall be set aside and delineated on the subdivision
plans. All structural setbacks shall. be taken from this future
road widening line; (G) drainage improvements shall meet with
the approval of the Department of Public Works; (H) the method
-2-
of sewage disposal shall meet with the approval of the
appropriate government agencies; (I) to ensure that the Goals
and Policies of the Housing Element of the General Plan are
implemented, the applicant shall work with the Office of
Housing and Community Development and the Planning Department
to formulate a housing plan for the development, which shall be
consistent with the interim affordable housing policy of the
County as contained in the Hawaii County Housing Agency
Resolution No. 65. This housing plan shall be approved by the
County Housing Agency prior to final subdivision; provided that
the applicant shall notify the County Housing Agency of any
intent to sell, lease, assign, place in trust, or otherwise
voluntarily alter the ownership interest in the property prior
to visible commencement of construction on the property;
provided further that the applicant may transfer ownership in
the property to an affiliate or in a manner consistent with
prior representations to the County Housing Agency;
(J) restrictive covenants in the deeds of all residential zoned
lots shall prohibit the construction of ohana dwelling units.
A copy of the proposed covenant(s) shall be submitted to the
Planning Department for review and approval prior to final
subdivision approval. Written assurance for implementation of
this condition, which has met with the approval of the Planning
Department, shall be submitted to the Planning Department prior
to final subdivision approval. A copy of a typically recorded
-3-
covenant shall be filed with the Planning Department within one
year from the date of final subdivision approval; (K) should
any infrastructure improvements related to Kawailani/Komohana
intersection be required of future developers, the applicants,
successors or assigns of this project shall work with the
Planning Department to pay for their pro rata share of
improvements. The pro rata share determination and its
implementation shall be approved by the Planning Department in
consultation with the Department of Public Works or any County
agency having jurisdiction over any future infrastructure
improvements; (L) the applicant, successors or assigns shall be
responsible for paying any additional real property taxes owed
as a result of withdrawing the property from dedicated
agricultural use to residential use prior to the sale of any
lot; (M) all other applicable laws, rules, regulations, and
requirements shall be complied with; (N) 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 applicants'
election, be satisfied by performance in accordance with the
requirements of the Unified Impact Fees Ordinance; (0) 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
-4-
approval. 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; and (P) an extension of time for the performanceof
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 applicants,
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 change of zone; 4) the time
extension granted shall be for a period not to exceed the
period originally granted for performance (i.e., a condition to
be performed within one year may be extended for up to one
additional year); 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 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.
-5-
SECTION 9. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
~ D~
COUN'IL MEMBE CO Y OF HAWAII
Hilo, Hawaii
Date of Introduction: December 18; 1991
Date of 1st Reading: December 18, 1991
Date of 2nd Reading: January 1992
Effective Date: January 22, 1992
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATE:
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-114 (C1Ty OF }-?It_o ZONE IvIAP~
AIQTICLE CHAPTCt~ '~t3 (ZONING CODE OF THE
HAWAII COL?NT7' CODE py CHANGING THE D15T1~IG'T
CLA551FiCAT10N PIQOM AGI~ICUIrTLliQAi_ (A-~a~ To
SINGLE FAMILT IQEStC7ENTIAL (RS-10) AT WAIA-
KEA, 50UTH HILO, HAWAtI_
PR>=t°AriEtO py PLANNING DE?~AIFTMEN-I"
COUNT7' oP HAYVAtt
TMK = ~-4-0~ (~ot~TloN) oCT_ mot, r9~r
X H I B IT IIAII ~KA WAILANI ESTATES PARTNERSHIP
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: November 18, 2004
- f`"~~~~~
I~~ldlC>tif~ ~ , ,
C. ~ ,
TO: Christopher J. Yuen, Planning Director
FROM: ~'ev Depar'tment of Public Works
SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE 92-7 (REZ 705)
Applicant: Puluwai, LLC
Request: Time Extension to Conditions B, C, & O
Reference: Kawailani Estates Subdivision
Subdivision Application No.: 92-010
DPW Folder No. 24623
TMK: 2-4-03: portion of 021
We have reviewed the subject request for an amendment forvvarded by your memo dated
November 3, 2004 and have no objection to the request.
A portion of the subject parcel is located within Flood Zone AH as designated on the Flood
Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA).
Flood Zone AH is the Special Flood Hazard Area inundated by the 100-yearflood. On May
7, 1992, FEMA issued a conditional Letter of Map Revision (LOMR) for the proposed storm
drain within the construction plan entitled "Kawailani Estates Subdivision, Proposed Storm
Drain Plan & Profile."
Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327.
KG
EXHIBIT
4
w ~ Federal Emergency Management Agency
a a
Washington, D.C. 20472
~dy o o
MAY 7 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable Lorraine R. Inouye Case No.: 92-09-0308
Mayor, Hawaii County Re: Waiakea Tributary No. 1
25 Aupuni Street Community: Hawaii County,
Hilo, Hawaii 96720 Hawaii
Dear Mayor Inouye:
This is in response to a letter dct~d November 21, 1991, from Mr. Josep=i J.
Mulvihill, P.E., Project Engineer, The Keith Companies-Hawaii, I~~c.,
regarding a request for a conditional Letter of Map Revision (LOMR) fo =--r an
area shown on the effective Flood Insurance Rate Map (FIRM) for Ha waif
County, Hawaii, dated July 16, 1990. Mr. Mulvihill submitted his req uest
based on a proposed storm drain culvert along Waiakea Tributary N® . 1
extending from Kawailani Street for a reach of 570 feet downstream, shosa~~ on
FIRM Panels 0880 and 0890. A11 data required [o evaluate this request were
submitted by Mr. Mulvihill with his November 21 letter. Fees necessary to
process this conditional LOMR (a total of $1,400) have been received.
We have reviewed the data submitted with respect to the data used to prP pare
the effective FIRM for Hawaii County, Hawaii. The proposed storm drai~~ is
outlined on the construction plan entitled "Kawailani Estates Subdivis ion,
Proposed Storm Drain Plan 6 Profile," prepared by The Keith Compans»~f.,..` es-
Hawaii, Inc., undated, and in the report entitled "Hydrology and Hydra ulic
Calculations for Kawailani Estates Subdivision in the City of Hilo, Count y of
Hawaii, State of Hawaii," also prepared by The Keith Companies-Hawaii, L_-_nc.,
dated March 1992. We believe that if the proposed storm drain is completed
as shown on the above-referenced construction plan and in the a~~ove-
refecenced report, then the 100-year flood will be contained within the s- - torm
drain. Upon receipt of "as-built" plans, certified by a regist e red
professional engineer, for the storm drain along Waiakea Tributary No. 1 , we
will make a final determination on revising the FIRM.
The basis of this conditional LOMR is, in part, a proposed cha nnel
modification project. National Flood Insurance Program Regulation 44 CFR
60.3(b)(7) requires that communities "assure that the flood-carrying capa~ city
within the altered or relocated portion of any watercourse is maintair~ ed."
This provision is incorporated into your community's existing floodp~ lain
management regulations. Consequently, upon completion of this proms osed
project, the ultimate responsibility for maintenance of the cha nnel
modification will rest with your community.
2
Should you have any questions regarding this matter, please contact the
Chief, Natural and Technological Hazards Division, Federal Emergency
Management Agency, in San Francisco, California, at (415) 923-7177, or
Mr. Karl Mohr of my staff in Washington, D.C., at (202) 646-2770.
Sincerely,
William R. Locke
Chief, Risk Studies Division
Federal Insurance Administration
cc: Mr. Joseph J. Mulvihill, P.E.
Project Engineer
The Keith Companies-Hawaii, Inc.
.'Mr. Bruce C. McClure
Chief Engineer
Hawaii County
( i
RPuluwaiREZAmeud-11/30/04
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PULUWAI, LLC
CHANGE OF ZONE ORDINANCE N0.92 7 (REZ NO. 705)
AMENDMENT TO CONDITIONS B. C AND O
Upon review of the request, the Planning Director recommends that a favorable
recommendation to amend Conditions B, C and O of Change of Zone Ordinance No. 92 7 be
forwarded to the County Council. Since this recommendation is made without the benefit of
public testimony, the Director reserves the right to modify and/or alter this position based upon
additional information presented at the public hearing. This favorable recommendation is based
on the following findings:
Effective January 22, 1992, the property was rezoned from Agricultural 3-acre (A-
3a) to Single-Family Residential 10,000 squaze feet (RS-10) under Ordinance No. 92 7 to
allow the subdivision of the property into twenty-one approximately 10,000-squaze foot
lots. On November 29, 1994, an administrative extension of time was granted until
March 13, 1996 to comply with Condition C of Ordinance No. 92 7. The app]icant is
purchasing the property from the original landowners and requests the time extensions to
Conditions B, C and O to complete the planning, financing and construction of the
subdivision. The applicant requests that all time performance conditions within the
ordinance be extended relative to the effective date of the extension.
The General Plan LUPAG Map designates the azea as Low Density Urban. The
current zoning of Single-Family Residential 10,000 squaze feet (RS-10) is consistent with
the existing General Plan designation for this area. All essential utilities and services are
available to the site. Agencies reviewing the request had no objections to the request. In
a memorandum dated November 18, 2004, the Department of Public Works has stated
that a portion of the pazcel is located within Flood Zone AH as designated on the Flood
Insurance Rate Map (FIRIM) by the Federal Emergency Management Agency (FEMA).
Flood Zone AH is the Special Flood Hazard Area inundated by the 100-year flood. On
May 7, 1992, FEMA issued a Conditional Letter of Map Revision for the proposed storm
drain within the construction plan for this parcel titled, "Kawailani Estates Subdivision,
Proposed Storm Drain Plan and Profile." Compliance with all other conditions of
Ordinance No. 92 7 is still required.
Based on the above findings, the proposed amendment to Conditions B, C and O
of Ordinance No. 92 7 is not contrary to the original reasons for approving the Change of
Zone. In addition, the Planning Director is recommending that existing conditions in the
ordinance be revised to reflect the current standazd language for conditions of approval
and a fair share contribution condition be added. It is recommended that a favorable
recommendation be forwarded to the County Council with the following changes
(material to be deleted is bracketed and struck through; material to be added is
underscored):
A. the applicant, successors, or assigns shall be responsible for complying with all of
the stated conditions of approval;
B. [
n~,.,,.....,,o.., ,.r cra,.e.. c.. _i..
n
sane) the required water commitment payment shall be submitted to the
Department of Water Sunply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the effective date of this amendment;
C. ~ l 1.,. ..1. :a.,.,J 1.' 1. m
] Final Subdivision
Apuroval of the proposed subdivision development shall be secured within five
~5) years from the effective date of this amendment;
D. access to the proposed lots shall meet with the approval of the Department of
Public Works. All driveway connections to Kawailani Street shall conform to
Chanter 22, Streets and Sidewalks of the Hawaii County Code Interior
subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the
-2-
approval of the Department of Public Works;
E. underground utilities shall be constructed;
F. a 10-foot wide road widening strip along the Kawailani Street frontage of the
property shall be set aside and delineated on the subdivision plans. All structural
setbacks shall be taken from this future road widening line;
G. [
\I~] A drainage study of the property, if required, shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works prior to
issuance of a construction permit Drainaee improvements if required shall be
constructed, meeting with the approval of the Department of Public Works;
H. The method of sewage disposal shall meet with the approval of the appropriate
government agencies;
I. all development-generated runoff shall be disposed of on site and shall not be
directed towazd any adjacent properties:
J. should any remains of historic sites such as rock walls terraces platforms
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an azchaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken•
K. the applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to pazks and recreation fire police
solid waste disposal facilities and roads. The fair share contribution shall be
initially based on the representations contained within the chanee of zone
implication and may be increased or reduced proportionally if the lot counts aze
adjusted. The fair shaze contribution shall become due and payable prior to
receipt of Final Plan Approval or within five veazs from the effective date of this
amended change of zone ordinance, whichever occurs first. The fair share
contribution for each lot shall be based on a maximum density for each lot as
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determined by the zonine resulting from this change of zone. The fair share
contribution in a form of cash, land, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be adiusted
annually beginnin tg hree years after the effective date of the amendment to the
ordinance. based on the percentage chance in the Honolulu Consumer Price Index
(HCPD. The fair share contribution shall have a maximum combined value of
$9,671.44 per sinele-famiy residential unit Based upon the applicant's
representation of intent to develop a total of twenty-one (21 single-family
residential units, the indicated total of fair share contribution is $203 100 24 for
the sinele-family residential units. However the total amount shall be increased
or reduced in proportion with the actual number of units accordine to the
calculation and payment provisions set forth in this condition The fair share
contribution per sin e-family residential unit shall be allocated as follows•
• $4,663.74 per single-family residential unit for the twenri-one (21)
single-family residential units for an indicated total of $97 938 54 to
the Coun to support pazk and recreational improvements and
facilities•
• $224.98 per single-family residential unit for the twenty-one
single-family residential units for an indicated total of $4 724 58 to the
County to support police facilities;
• $444.36 per single-family residential unit for the twenri-one (21)
sinele-family residential units for an indicated total of $9 331 56 to the
Coun to support fire facilities;
• $194.55 per single-family residential unit for the twenty-one (211
single-family residential units for an indicated total of $4 085 55 to the
County to support solid waste facilities;
• $4,143.81 per sinele-family residential unit for the twenty-one (21)
single-family residential units for an indicated total of $87 020 O1 to
the County to support road and traffic improvements•
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i
In lieu of payin¢ the fair shaze contribution the applicant may contribute land
and/or construct improvements/facilities related to pazks and recreation, fire,
police solid waste disposal facilities and roads within the re¢ion impacted by the
proposed development subject to the review and recommendation of the Plazmin~
Director upon consultation with the appropriate agencies and approval of the
County Council.
M. Should the Council adopt a Unified Impact Fees Ordinance settine forth criteria
for imposition of exaction or the assessment of impact fees conditions included
herein shall be credited towazds the requirements of the Unified Impact Fees
Ordinance.
[h] N. to ensure that the Goals and Policies of the Housing Element of the General Plan
aze implemented, " nsx:°°~u,».~:..^ °^a
•J CM °
s
e
, e > >
F 1. ,:.ice S,r~}•o,. at...a al,°
J ° r
]the applicant
shall comply with the requirements of Chapter 11 Article 1 Hawaii County Code
relatine to Affordable Housin Policy This requirement shall be approved by the
County Housine Agencyprior to final subdivision approval;
O. restrictive covenants in the deeds of all residential zoned lots shall prohibit the
construction of [ ] a second dwelling unit and condominium
property re¢imes on each lot This restriction may be removed by amendment of
this ordinance by_the County Council The owner of the property may also, in
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addition impose Rrivate covenants restricting the number of dwellings. A copy of
the proposed covenant(s) to be recorded with the State Bureau of Convevances
shall be submitted to the Planning Department for review and approval prior to
the issuance of final subdivision approval ~ ° `
r
appre~al-] A copy of [ the recorded covenant shall be filed
with the Planning Department [ ' - 'f F^'~
apgreval] upon its receipt from the Bureau of Convevances;
P. there shall be no construction ofsingle-family dwellings and related
improvements other substantial buildings or subdivision roads within azeas
designated "AE" "AH" or "shaded" Zone "X" by the Flood Insurance Rate Maps
(FIRMI except that subdivision roads can be built in "shaded" Zone "X".
Restrictive covenants in the deeds of all lots shall give notice of the terms of this
rezoning condition No residential lots may be created which lack a buildable
area This restriction may be removed by amendment of this ordinance by the
County Council A cony of the proposed covenant(s) to be recorded with the
Bureau of Convevances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Convevances.
[I~]Q should any infrastructure improvements related to Kawailani/Komohana
intersection be required of future developers, the applicants, successors or assigns
of this project shall work with the Planning Department to pay for their pro rata
share of improvements. The pro rata share determination and its implementation
shall be approved by the Planning Department in consultation with the
Department of Public Works or any County agency having jurisdiction over any
future infrastructure improvements;
[IT] R. the applicant, successors or assigns shall be responsible for paying any additional
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real property taxes owed as a result of withdrawing the property from dedicated
agricultural use to residential use prior to the sale of any lot;
ivitk] the annlicant shall comply with all applicable Countv State and Federal
laws rules re ulations and re uirements;
[1V-] T. 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 applicants' election, be satisfied by performance in accordance
with the requirements of the Unified Impact Fees Ordinance;
U. an annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the amendment to the [shange~€~ene]
ordinance. The report shall jedd~ess] include. but not be limited to the status of
the development and the extent to which [eeri3glianse-witk] the conditions of
approval are being satisfied. 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 aze not required; and
[g) V• [
iii .I.« c t r a• z_ t
end that nr~ ««..t. ,.t. «c./.,.:_ r t t
,
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[Further, should] Should any of the conditions not be met or substantially
complied with in a timely fashion, the Planning Director [shal}] may initiate
rezoning of the azea to its original or more appropriate designation.
The accompanying draft bill to amend Ordinance No. 92 7 is provided for your favorable
consideration.
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