HomeMy WebLinkAboutCOM 0481.000 2006-2008 ~tY os N~i
Harry Kim ~ Dixie Kaetsu
MgVOr Manngmg Director
C•
Barbara Kossow
oi~eiar Depury• Mrrnnginq Director
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 9615211 • Fax (808) 961 b553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663
_ r•
June 6, 2007
Honorable Pete Hoffmann, Chairman -
and Members of the County Council
County of Hawaii
333 Kilauea Avenue
Hilo, HI 96720
Dear Chairman Hoffmann and Members:
~ange of Zone (REZ 678)
Applicant: Waikoloa Mauka, LLC
Request: Amendment to Change of Zone Ordinance No. 05-157
(Conditions B, C and I)
Tax Map Key: 6-8-2:portion 16 and 6-8-3:portion 32
Planning Director Initiated (REZ 07-000062)
Request: A-la to A-400a
Keanuiomano and Puuki, Waimea, South Kohala, Hawaii
Tax Man Key' 6-5-I.20
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are Che Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely,
r
i~
(e Harry Kim
0 Mayor
Enclosures Comm. No. `O
ce: Planning Department Ref. To: {~~i
Ref. Dote JUN 1 E 20fl1
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96'720
Phone (808) 961-8288 Fax (808) 961-8742
June 6, 2007
Pete Hoffmann, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue, 2na Floor
Hilo, HI 96720
Dear Chairman Hoffinann and Council Members:
Change of Zone (REZ 678)
Applicant: Waikoloa Mauka, LLC
Request: Amendment to Change of Zone Ordinance No. OS-157
(Conditions B, C and I)
Tax Map Key: 6-8-2:portion 16 and 6-8-3:portion 32
The Planning Commission, after a duly held public hearing on May 24, 2007, voted to
recommend For your approval the proposed legislative bill for amendments to Conditions B
(Final Subdivision Approval), C (Access), and I (Fair Share Contribution) of Change of Zone
Ordinance No. OS 157, which rezoned approximately 761 acres from Agricultural 5-acre
(formerly Unplanned) and Multiple-Family Residential 1,500 square feet (RM-1.5) districts to a
Residential and Agricultural 1 acre (RA-la) and Open (O) districts. The property, referred to as
the proposed Waikoloa Highlands Subdivision, is located along the south side of Waikoloa Road
and south -southeast of Waikoloa Village, Waikoloa, South Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting amendments to Conditions B (Subdivision Approval),
C (Access) and I (Fair Share Contribution) of Ordinance No. OS 157. Conditions B and C
relate to the nature of the roadway improvements at the intersection of Paniolo
Avenue/Pua Melia Street and Waikoloa road, as well as the number of accesses to
Waikoloa Road. The applicant requests amendments to Conditions B and C as follows:
Hawaii County is an Equal Opportunity Provider and Employer
Pete Hoffrnann, Chairman
and Members of the County Council
Page 2
(material to be deleted is bracketed and struck-through; material to be added is
underscored):
• Condition B:
"Final Subdivision Approval for not less than 175 lots shall be secured within ten
(10) years from the effective date of this new amendment. Plans for
: .«°'..a:°,.] the off-site infrastructural roadway
im rovements re uired in Condition C, shall be submitted . ..w
P q
«..t«....ti..« Ate.....:«.... F F.«..1 ~..i.A:..: ...1 F «...w:,.« ,.C A.° ~„1.: °,.k
preper-Ey] no later than six months after a determination of the type of
improvements (i.e., signalized or roundabout) is made by the Director of the
Deparhnent of Public Works. The applicant shall install and dedicate the [t~a€€e
intersectional improvements required in Condition C prior to the
Final Subdivision Approval for more than 3501ots of twenty acres or less, or
sooner in the event the warrants for such installation are justified by the Director
of Public Works. In lieu of actual construction of infrastructural improvements
herein, except for Condition C, the applicant may enter into an agreement with the
County to assure the County that the infrastructure improvements will be
constructed together with the appropriate bond, surety, or other security deemed
acceptable to the Planning Director and the Corporation Counsel. Upon execution
of such agreement and/or filing of the security with the County, final subdivision
approval for the subject property or portions thereof shall be granted to the actual
construction of required infrastructural improvements."
• Condition C:
"Access shall meet with the requirements of the Deparhnent of Public Works.
Direct access to Waikoloa Road shall be limited to [axe-readsv~y] two roadways
from the project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue
intersection shall be channelized and signalized or improved by a "roundabout"
system meeting with the requirements of the Department of Public Works. These
improvements together with other improvements required by the Department of
Public Works based upon a current Traffic Impact Analysis Report shall be
provided in conjunction with final subdivision approval of the first increment, or
as otherwise provided by Chapter 23 (Subdivision Control)."
Pete Hoffinann, Chairman
and Members of the County Council
Page 3
Condition I relates to impact fees (Fair Shaze Contribution). The applicant requests that
Condition I be expanded or clarified to allow consideration for amulti-use community
center.
• Condition I (in part, last pazagraph):
"........in lieu of paying the fair shaze contribution, the applicant may contribute
land and/or constmct improvements/facilities related to pazks and recreation which may
include amulti-purpose community center, fire, police, solid waste disposal facilities and
roads within the region impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate
agencies and approval of the County Council."
The applicant states that the plans for the golf course have been abandoned, in par[
to address the Waikoloa Village Association's concerns over another golf course in this
azea. Revised subdivision plans have been submitted to reflect the project into a 398-lot
subdivision with natural open space to replace the planned golf course. The project is
proposed to be developed in two phases, the first consisting of 1491ots, and the second
consisting of 2491ots.
Condition B requires signalization improvements at the intersection of Waikoloa
Road with Pua Melia Street /Paniolo Avenue. However, the applicant states that
discussions with various individuals suggest that a "roundabout" instead of a signalized
intersection maybe more appropriate. In compliance with Condition B, on-site
infrastmctural plans have been completed. However, the submittal of the signalized plans
also required under Condition B has been suspended pending a decision on the type of
improvements required.
Condition C limits the project to only one access along Waikoloa Road, at the
makai end of the project site. Another access is planned at Pua Melia Street. However,
both accesses would serve only the lower portion of the project. In the event of an
emergency, mauka area residents may encounter difficulty exiting the subdivision. As
such, two roadways from the project site are being proposed.
Lastly, discussions with the community have identified a need for amulti-use
community center. The applicant requests that Condition I be amended to facilitate the
possible construction of such a facility.
Pete Hoffmann, Chairman
and Members of the County Council
Page 4
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 are not the result of
their fault or negligence. As plans for the golf course have been abandoned, revised
subdivision plans include a 398-lot subdivision with natural open space instead of a golf
course. The applicant has invested a substantial amount of time and money to develop
the project. Subdivision and intersection improvement plans have been approved.
Revised plans showing the proposed new project configuration have been submitted.
Channelization improvements of the Waikoloa Road/Paniolo Avenue/Pua Melia Street
intersection have been completed. The applicant has made a good faith effort in
complying with conditions of Ordinance No. OS 157.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. When the rezoning was approved by Ordinance 90 160 in 1990, the
project area was designated Extensive Agricultural under the 1989 General Plan LUPAG
Map. The area was rezoned to Residential-Agricultural 1-acre (RA-1 a) and Open to
allow for the creation of the Highlands Golf Estates, consisting of 400 one-acre lots and
the Highlands Golf Course. The 2005 General Plan designates the area as Rural and
Open, reflecting the approved zoning. Therefore, the request would not be contrary to the
changes within the 2005 General Plan.
Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone. The original reasons for the approval of the change of
zone are still applicable and the request is not contrary to these reasons. The project area
is not classified under the Agricultural Lands of Importance in the State of Hawaii
(ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the
area is "E", or "Very Poor." From a land use perspective, it is a feasible alternative to
create aresidential-agricultural subdivision on these non-productive lands.
For your favorable consideration, an amendment to Change of Zone Ordinance No. OS 157 is
transmitted.
Pete Hoffmann, Chairman
and Members of the County Council
Page 5
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Graham, Chairm
Planning Commission
Lwaikoloarez678 02PC
Enclosures
cc: Mr. Sidney Fuke
Department of Public Works
Department of Water Supply
Planning Deparhnent-Kona
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counse]
swa~om~e~aecmez. a~an aro~
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
WAIKOLOA MAUKA, LLC
AMENDMENT TO CONDITIONS B, C AND I
CHANGE OF ZONE ORDINANCE NO. OS 157 (REZ 678)
WAIKOLOA MAUKA, LLC is requesting amendments to Conditions B (Final
Subdivision Approval), C (Access) and I (Fair Share Contribution) of Change of Zone Ordinance
No. OS 157. The property, referred to as the proposed Waikoloa Highlands Subdivision, is
located along the south side of Waikoloa Road and south -southeast of Waikoloa Village,
Waikoloa, South Kohala, Hawaii, TMK: 6-8-2: portion of 16 and TMK: 6-8-3: portion of 32.
PROPOSED ACTION
1. Request: Amendments to Conditions B (Subdivision Approval), C (Access) and I (Fair
Share Contribution) of Ordinance No. OS 157. Conditions B and C relate to the nature of
the roadway improvements at the intersection ofPaniolo Avenue/Pua Melia Street and
Waikoloa Road, as well as the number of accesses to Waikoloa Road. The applicant
requests amendments to Conditions B and C as follows: (material to be deleted is
bracketed and struck-through; material to be added is underscored)
• Condition B:
"Final Subdivision Approval for not less than 175 lots shall be secured within ten
(10) years from the effective date of this new amendment. Plans for
..'r _ _
a.._«.,._.~._~~ a e...., .,,.i;_a;,,V] the off-site infrastructural roadway
improvements required in Condition C, shall be submitted [in-eenjrmstien-witl3
preperty] no later than six months after a determination of the type of
improvements (i.e signalized or roundabout) is made by the Director of the
Department of Public Works. The applicant shall install and dedicate the [tre€€ts
signalisat-ien] intersectional improvements required in Condition C prior to the
Final Subdivision Approval for more than 350 lots of twenty acres or less, or
sooner in the event the warrants for such installation are justified by the Director
ATTACH: Caren. 481
_t_ Bill 113
' of Public Works. In lieu of actual construction of infrastructural improvements
herein, except for Condition C, the applicant may enter into an agreement with the
County to assure the County that the infrastructure improvements will be
constructed together with the appropriate bond, surety, or other security deemed
acceptable to the Planning Director and the Corporation Counsel. Upon execution
of such agreement and/or filing of the security with the County, final subdivision
approval for the subject property or portions thereof shall be granted to the actual
construction of required infrastructural improvements."
• Condition C:
"Access shall meet with the requirements of the Department of Public Works.
Direct access to Waikoloa Road shall be limited to [exe-Feadway] two roadwavs
from the project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue
intersection shall be channelized and signalized or improved by a "roundabout"
system meeting with the requirements of the Department of Public Works. These
improvements together with other improvements required by the Department of
Public Works based upon a current Traffic Impact Analysis Report shall be
provided in conjunction with final subdivision approval of the first increment, or
as otherwise provided by Chapter 23 (Subdivision Control)."
Condition I relates to impact fees (Fair Share Contribution). The applicant requests that
Condition I be expanded or clarified to allow consideration for amulti-use community
center.
• Condition I (in part, last paragraph):
"........in lieu of paying the fair share contribution, the applicant may contribute
land and/or construct improvements/facilities related to parks and recreation,
which may include amulti-puroose community center, fire, police, solid waste
disposal facilities and roads within the region impacted by the proposed
development, subject to the review and recommendation of the Planning Director,
upon consultation with the appropriate agencies and approval of the County
Council."
(Exhibit I- January 26, 2007 Letter from Sidney Fuke, Planning Consultant)
-z-
2. Reasons for Request: The applicant states that the plans for the golf course have been
abandoned, in part to address the Waikoloa Village Association's concerns over another
golf course in this area. Revised subdivision plans have been submitted to reflect the
project into a 398-lot subdivision with natural open space to replace the planned golf
course. The project is proposed to be developed in two phases, the first consisting of 149
lots, and the second consisting of 2491ots.
Condition B requires signalization improvements at the intersection of Waikoloa
Road with Pua Melia Street /Paniolo Avenue. However, the applicant states that
discussions with various individuals suggest that a "roundabout" instead of a signalized
intersection may be more appropriate. In compliance with Condition B, on-site
infrastructural plans have been completed. However, the submittal of the signalized
plans also required under Condition B has been suspended pending a decision on the type
of improvements required.
Condition C limits the project to only one access along Waikoloa Road, at the
makai end of the project site. Another access is planned at Pua Melia Street. However,
both accesses would serve only the lower portion of the project. In the event of an
emergency, mauka area residents may encounter difficulty exiting the subdivision. As
such, two roadways from the project site aze being proposed.
Lastly, discussions with the community have identified a need for amulti-use
community center. The applicant requests that Condition I be amended to facilitate the
possible construction of such a facility. .
BACKGROUND INFORMATION
3. December 27, 1990: Effective date of Ordinance No. 90 160, which amended the
district classification of approximately 761 acres from Unplanned (IJ) and Multiple
Family Residential-1,500 squaze feet (RM-1.5) to a Residential and Agricultural-1 acre
(RA-la) and Open (O) zoned districts to allow the development of the Highlands Golf
Estates consisting of approximately 286 one to two-acre lots to be integrated within an
18-hole golf course with clubhouse facilities. Future development included an additional
1141ots for a total of 4001ots. (Exhibit 2 -Ordinance No. 90160)
-3-
4. March 21, 1995: Effective date of Ordinance No. 95 51, which amended Conditions B
and C of Ordinance No. 90 160. The amendments required Final Subdivision Approval
for not less than 175 lots to be secured within a five (5) year period and the construction
of channelized improvements at the intersection of Waikoloa Road and Pua Melia
Street/Paniolo Avenue before June 30, 1996, as well as the construction of traffic
signalization improvements when the number of lots exceeded 350 or as may be required
by the Department of Public Works.. (Exhibit 3 -Ordinance No. 95 51)
5. December 15, 2005: Effective date of Ordinance No. OS 157, which amended Condition
B requiring Final Subdivision Approval to be secured within a period of 10 yeazs.
(Exhibit 4 -Ordinance No. 05157)
AGENCIES' COMMENTS
6. Police Department: Exhibit 5 -February 22, 2007 memo
7. Fire Department: Exhibit 6 -February 22, 2007 memo
8. Water Department: Exhibit 7 -March 7, 2007 memo
9. Department of Environmental Management: Exhibit 8 -February 8, 2007 memo
10. DLNR Land Division: Exhibit 9 -February 15, 20071etter
11. Department of Health: Exhibit 10 -February 13, 2007 memo
12. Department of Education: Exhibit 11-March 5, 2007 letter
13. Department of Transportation: Exhibit 12 -March 5 letter and attachment
AGENCIES AND ORGANIZATIONS - NO RESPONSE
14. Department of Public Works, Civil Defense, Department of Pazks and Recreation, DLNR
Historic Preservation Division, Land Use Commission, Waikoloa Village Association
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
15. Exhibit 13 -March 12, 2007 letter
PUBLIC COMMENTS
16. None as of this writing.
-4-
v
^t,F7 ~
J SidneyFuke, Planning Consultant ' ' :',j
100 Pauahi Street, Suile 212 • Hilo, Hawaii 96720 - _ • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 f • Subdivision • Land Use Permits
E-mail: sidfuke@verizon.net ~ ~ _ • Environmental Repons
January 26, 2007
Mr. Christopher Yuen, Drector
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Deaz Mr. 'Yuen:
RE: Amendment to Ord. No. 05157 -Waikoloa Mauka, LLC
TMK: 6-8-02: Portion of 16 and 6-5-03: Portion of 32
The property owner and applicant, Waikoloa Mauka, LLC, is requesting two sets
of amendments to rezoning. The fast relates to conditions B and C of the rezoning
Ordinance No. OS 1S1 relating to the nature of improvements at the intersection of
Paniolo AvenuelPua Melia Street and Waikoloa Road as well as the number of accesses
to Waikoloa Road. The other is to make clear that the recreational portion of the
applicant's impact fee can be used for a multi-use community center.
General Baelr¢round
In 1990, the former owners of the subject property, Waikoloa Development
Company, requested and received rezoning approval (Ordinance No. 90160) for
approximately 761 acres of land from Unplanned (L7) and Multiple-family Residential
(RM-1.5) to Residential-Agriculture (RA-la) and Open (O). This action allowed the
development of a golf course residential subdivision consisting of 400 1-acre sized lots.
The approval was subject to a number of conditions, including development timetable.
In 1995, conditions B and C of Ordinance No. 90 160 were amended. The
amendments (Ordinance No. 95 S 1) required that final subdivision approval of no less
than 175 lots be secured within a 5-year period. It further required the construction of
channelizsd improvements at the intersection of Waikoloa Road and Pua Melia
Street/Patuolo Avenue before June 30, 1996, as well as the construction of traffic
signaiization improvements when the number of lots exceeded 350 or as may be required
by the Depaztment of Public Works.
Pursuant to the above ordinance and its amendment, tentative subdivision
approval was initially granted in 1993 and subsequently amended on March 3, 1994. The
channelization improvements were completed in 1996. As allowed by the rezoning
ordinance, an administrative time extension was granted by the Planning Director on May
9, 2000 to secure final subdivision approval. This extension was to March 21, 2005.
EXHIBIT
Mr. Christopher Yuen, Director
January 26, 2007
Page 2
On January 5, 2005, the former owner requested an amendment to Condition B of
Ordinance No. 95 51 which would allow final subdivision approval to be secured before
March 21, 2015. During the time the request was being considered by the County
Council, the applicant purchased the subject property on or about September 2005. The
applicant proceeded to address the Council's concerns, which resulted in the approval of
Ordinance No. OS 157, a copy of which is attached.
Nature of Request
In proceeding to fmalize the subdivision, the applicant elected to abandon plans
for the golf course. To some extent, this decision was designed to address the Waikoloa
Village Association's concern over having another golf course in this area at this time.
Accordingly, revised subdivision plans were submitted to the County Planning
Department reflecting the project being developed into a 398-lot subdivision with natural
open space to replace the planned golf course. The project would be developed in two
phases, the first consisting of 149 lots and the remaining 2491ots. A copy of the revised
subdivision map is enclosed.
Conditions B and C required signalized improvements at the intersection of
Waikoloa Road with Pua Melia Street/Paniolo Avenue. The applicant is prepared to
make said improvements. However, based on discussions with some area residents, the
azea councilperson (Pete Hoffmann), and the Duector of Department of Public Works
(Bruce McClure), it appeazed that a "roundabout" instead of signalized intersection may
be more appropriate.
Please note that Condition B requires the submittal of the signalized plans in
conjunction with the on-site infrastructural plans. The latter has been completed and
submitted to the County for review, whereas the completion of the former plans are now
being suspended, pending a decision on the type of improvements. In that regazd, the
applicant is requesting that while this condition be so amended to allow for such an
option, it also requests that a detemvnation be made within a reasonable period so as not
to hold up the applicant's development schedule and that the applicant -because of the
potential delay - to bond said improvements.
Additionally, Condition C limits the project to only one access along Waikoloa
Road, which is planned for the makai end of the project site. Another access is planned
at Pua Melia Street. However, those accesses effectively would service only the lower
portion of the project. In the event of an emergency, the mauka azea may have difficulty
getting out of the subdivision. While the concem for limiting access along Waikoloa
Road is understandable, it should be noted that the project's frontage stretches more than
a mile. The distance between the two planned accesses would still be in excess of a mile
Mr. Christopher Yuen, Duector
January 26, 2007
Page 3
of each other. As such, having another access should not impede normal traffic flow
along Waikoloa Road.
As such, the applicant respectfully requests amendments to Conditions B and C of
Ordinance No. OS 157 to accomplish the above. A suggested language could be as
follows:
"B. Final subdivision approval for not less than 1751ots shall be secured within
ten (10) years from the effective date of this new amendment. Plans for
[infrastructural improvements, including] the off-site intersectional roadway
improvements required in Condition C, shall be submitted no later than six
months after a determination of the type of improvements (i.e., signalized or
roundabout) is made by the director of the Department of Public Works [shall be
submitted in conjunction with construction drawings for final subdivision
approval for any portion of the subject property]. The applicant shall install and
dedicate the [traffic signalization] intersectional improvements required in
Condition C prior to the Final Subdivision Approval for more than 3501ots of
twenty acres or less, or sooner in the event the warrants for such installation are
justified by the director of public works. In lieu of actual construction of
infrastructural improvements required herein, [except for Condition C,] the
applicant may enter into an agreement with the County to assure the County that
the infrastructural improvements will be constructed together with the appropriate
bond, surety, or other security deemed acceptable to the Planning Director and the
Corporation Counsel. Upon execution of such agreement and/or filing of the
security with the County, final subdivision approval for the subject property or
portions thereof shall be granted prior to the actual construction of required
infrastructural improvements.
"C. Access shall meet with the requirements of the Department of Public Works.
Duect access to Waikoloa Road shall be limited to [one roadway] two roadways
from the project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue
intersection shall be channelized and signalized or improved by a "roundabout"
system meeting with the requirements of the Department of Public Works. These
improvements together with other improvements required by the Department of
Public Works based upon a current Traffic Impact Analysis Report shall be
provided in conjunction with final subdivision approval of the first increment or
as otherwise provided by Chapter 23 (Subdivision Control);"
The applicant has been working with the community and another developer to identify
pressing community facility needs wherein its impact fees could be utilized to facilitate
construction of these needed facilities. One of the identified needs has been amulti-use
community center. In that regard, the applicant is proposing that the recreational portion
Mr. Christopher Yuen, Director
January 26, 2007
Page 4
of the impact fee outlined in Condition I be expanded and/or made clear to allow
consideration for amulti-use community center.
Accordingly, the applicant requests that the recreational assessment portion
Condition I be amended as follows:
"In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, which
may include amulti-purpose community center, fire, police, solid waste disposal
facilities and roads within the region impacted by the proposed development,
subject to the review and recommendation of the Planning Director, upon
consultafion with the appropriate agencies and approval of the County Council."
In the event your office believes the requests to be reasonable, the applicant has
no objections to alternative language to accomplish the applicant's objective. This
objectives, in sum, are to a) allow consideration for a roundabout instead of a signalized
intersection, while giving the applicant sufficient time to prepare these plans and bond
these improvements; b) allow another access from Waikoloa Road; and c) allow
consideration for the applicant to participate in the construction of a community facility
to satisfy its recreational impact fee obligation.
Pursuant to the Zoning Code requirements, please find enclosed 20 copies of this
letter request, with enclosures; list of surrounding property owners within 500 feet of the
subject property; and the filing fee of $250.
Should you have any questions on this matter, please feel flee to contact me.
Thank you very much.
\1'n' 6 VV'"~
SIDNEY M. FUKE
Planning Consultant
Enclosures
Copy - Waikoloa Mauka, LLC w/ enclosures
a COUNTY OF HAWAII - STATE OF HAWAII
_ _ . _ BILL NO. 89
Drat 3
ORDINANCE NO. ~ 5 157
AN ORDINANCE AMENDING ORDINANCE NO. 95 51 AMENDING ORD[NANCF,
NO. 90-160, WHICH RECLASSIFIED LANDS FROM AN UNPLANNED (U) AND
MULTIPLE FAMILY RESIDENTIAL {RM-1:5) TO OPEN (O) AND
RES1D@NTIAL~f£'rRICULTURAL (RA-la) AT WAIKOLOA, SOUTH KOHALA, HAWA['1,
• COVERED BY TAX MAP KEY 6-8-02:PORTION OF l6 AND 6-8-03:PORTION OF 32.
BE I'I' ORDAINED BY THE COUNCIL OETHE COUN'T'Y OF HAWA[`L•
SECTION 1. Ordinance No. 95 51 is amended as follows:
"5;?CTION 3. This change in district classification is conditioned upon the following.
1 A - 'Tlie''~pplicant, successors or its assigns shall he responsible for complying with all
of the stated conditions of approval;
B':"'``~' final subdivision approval for not less than 175 lots shall be secured within [€tve
(331 ten ] 0 years from the effective date of this new amendment. Plans for
`iii'frastructuratimprovements, including off site roadway improvements required
";~it`Condition C, shall be submitted in conjunction with construction drawings for
'""''final subdivision approval for any portion of the subject property. J°~
]The applicant shall install and dedicate the
traffic signalization improvements required in Condition C prior to the Final
Subdivision Approval for more than 350 lots of twenty acres or less, or sooner in
the event the warrants for such installation arc justified by the [eltie€
et~ineer]director of nubtic works. In lieu of actual construction of infrastructural
i
improvements required herein, except for Condition C, the applicant may enter
into an agreement with the County to assure the County that the infrasiructural
improvements will be constructed together with the appropriate bond, surety, or
other security deemed acceptable to the Planning-I~irectos and the Corporation
Counsel. Upon execution of such agreement and/or filing of the security with the
County, final subdivision approval For the subject property or portions thereof
shall be granted prior to the actual construction of required infrastructural
improvements.
' - - C. Access shall meet with the requiieriientk'-:~1`th~i)ep3rtiment~of.Public Works.
- Direct access to Waikoloa Road shall be lymited to on'e roadway.;from the project
' site. Waikoloa Road-Pua:Melia Stte'et=PdiiolaAveriue'mteise~fidn shall be
- channelized and signalized meeting wrth the requtrpments of the Department of
- - Public Works. These improvements together with other improvements required
by the Department of Public Wo"rks basediupon a current Traffi'c`Irnpact Analysis
Report [ ]shall be p'rovi'ded`["
lP,-.~to in~nn~~f=h~ b ]f
,i 1 .
- e-oarse~r] in conjunctiori with final subt]rvisibn approval of the first inclement,
" ~ or as otherwise provided ~y Chapter 23 (Subdivision
LOntIOI~;
D. To ensure that the goals and policies offihe Nousmg Element of the General Plan
are implemented, the applicant shall co'mtily w~th'tlie 'reguirame`rifs of Chapter l l .
-
Article 1 Hawaii County Code re[atin~ ~o'Afforda~le`Housmi_="Pohev. This
requirement shall be approved by ttie Coun[v'~-lousriie :4eencd prior to final
subdivision approval [ ° ` °
5
E. A drainage system shall be installed to acceirdance with the requirements of the
Department of Public Works and other affected agencies;
-2-
} F. Comply with atl applicable Countv. State and Federal laws, rules, regulations and
requirements[, ~ ~
r
Y
T II CF 'I 11 F.: A:4:..:... ';,C .,..:.:`..1~11»m
~ - '
- ' '
vrv~..., ..b
Z TL. 1. 11 1. C - a t- ^'J
0
-3-
Restrictive covenants in the deeds of all proposed lots within the property shall
Give notice that the terms of the zoning ordinance prohibit the construction of a
second dwelling unit and condominium property re~unes on each 1-acre lot. This
restriction may be removed by amendment of this ordinance by the County
Council 7'he owner of'the property may also in addition impose private
covenants restricting the number ofdwellin@s. A copy ofthe proposed
covenant(sl to be recorded with the State Bureau of Conveyances shall be
submitted to the Planine 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 recei~from the Bureau of Conveyances;
H. Before final subdivision approval applicant must obtain reclassification of the
RA-la zoned area from the State Land Use Commission to the Rural or Urban
district Prior to the submittal of plans for a grading or any associated permit for a
kolf course to the County for review and approval the applicant shall consult with
the Waikoloa V illaae Association and the County Council relative to the fiming
and propriety of such muse This condition except for the consultation
requirement for any golf course may be waived by the Plannine Director, after
consultation with Corporation Counsel if an appellate judicial decision, or
substantive chance to Chapter 205 Hawaii Revised Statutes cleazly establishes
the let,ality of this project in the Aericul[ural State Land Use district, iricludintt the
residential uses of the lots
1. The applicant shall make its-fair share contribution to mitigate the potential
regional impacts of the ~ropetty with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads The fair share contribution shall be
initially based on the representations contained within the chance of zone
application and may be increased or reduced proportionally if the lot counts are
adjusted The fair share contribution shall become due and payable prior to
receipt of Final Plan Approval or within five years from the effective date of this
amended change of lone ordinance whichever occurs first. The fair share
contribution for each lot shall be based on a maximum density f'or each lot as
-4-
~ determined b~he zoning resulting from this chance of zone. "I'he fair share
contribution in a form of cash land faci]ities or any combination thereof shall be
determined by the CountXCouncil The fair share contribution maybe adiusted
annually beginning three years after the effective date of the amendment to the
ordinance based on the percentage change in the Honolulu Consumer Price Index
(HCPI) The fair share contribution shall have a maximum combined value of
$9 991 21 per single-family residential unit. Based upon the applicant's
representation of intent to develop a total of one hundred and seventy five (175)
single-family residenti~il units the indicated total of fair share contribution is
$1 748 461 75 for the single-family residential units. However the total amount
shall be increased or reduced in proportion with the actual number of units
according to the calculation and payment provisions set forth in this condition.
The fair shaze contributio~er single-family residential unit shall be allocated as
follows:
• $4 817 93 per single-family residential unit for one hundred and seventy five
(175) single-family residential units for an indicated total of $843,137.75 to the
County to support park and recreational improvements and facilities;
• $232 42 per single-family residential unit for the one hundred and seventy five
(1751 single-family residential units for an indicated total of $40 673.50 to the
County to support police facilities
• $459 06 per single-family residential unit for one hundred and seventy five (1751
single family residential units for an indicated total of $80 335.50 to the County to
support fire facilities
• $200 98 per single-family residential unit for the one hundred and seventy five
175 single-family residential units for an indicated total of $35,171.50 to the
County to support solid waste facilities;
• $4 280 82 per single-family residential unit for the one hundred and seventy five
(175) single-family residential units for an indicated total of $749.143.50 to the
County to support road and traffic improvements;
-5-
~ In lieu of paving the fair shaze contribution the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police solid waste disposal facilities and roads within the reeion impacted by the
proposed development subject to the review and recommendation of the Planning
Director upon consultation with the appropriate agencies and approval of the
County Council;
J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of enaction or the assessment of impact fees, conditions included
herein shall he credited towards the requirements of the Unified impact Fees
Ordinance;
K. An annual prokress report shall be submitted to the Plannine Director prior to the ,
anniversary 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 oi'the conditions of approval have
been complied with and the Planning Director acknowledges that further reports
are not required;
L. Should any of the conditions not he met or substantially complied with in a timely
fashion, the Director ~shallJ ~ initiate rezoning of the area to its original or
more appropriate designation.
SECTION 2. Material to be deleted is bracketed and material to be added is
underscored.
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.
-6-
l
~ SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL M~ BER, CO OF HA AI'I
INTRODUCED
C'O[JNCIL M ER, COUNTY HAWAII
Kona , Hawaii
Date of Introduction: November 22, 2005
Novemtie=-22, 200.5_.....
Date of I st Reading:
Date of 2nd Reading: December 7, 2005
Effective Date: December 15, 2005
REFERENCE: Comm. 230.9
-7-
OFFICE OF THE COUNTY CLERK
~ County of Hawaii
Kona, Hawaii
(Draft 3) _
Introduced By: Pete Hoffmann/K.Anyel Pilago ~ ~ROLUCAL~,NOTE _ ~
i
Datelntruduced: November 22, 2005 AYES NOES ABS EX
First Reading: November 22, 2005 Arakaki X
Published: December 4, 2005 Higa X
Fioffinann X
RE•1'L4Rh~S'r Holschuh X _ -I
Ikeda X
Isbell X
Jacobson X -
Pilago X _
Safarik X 4
8 1 0 0
Secund Reading: December 7, 2005
'loMavor: December 9,- 2005 ROLL CALL VOTE _
RCir~rnCd: j7prpmLjpr 15 2005 AYES NOES AHS EX
lil'Icctir,c: Decembez 15, 2005 Arakaki X I
Published: December 22, 2005 Higa X
Hoffinann X
REA4ARK,S; _ Holschuh X -
Ikeda X
- Isbell X
X I
Jacobson
_ Pilago X
Safarik X
8 - ' i 0 -0~- -
I U(J !/EKEL3Y' ('ERTIFY thcn the •fvregoin),~ BILI. >,~us• uclopled by the C'oun(y Counc•i/ puhli.ched us
indic•crlec! ufiove.
APPROVED AS TO ~=~'~~(~Sr
FOg.~vl AND LEGALITY:
! L. j ~j` l' COUNCIL C'HAlRM.4,V
~l~ ~
DEPU Y CORPORATION NSEL ~
COUNTY O H~WAI'I
/ , COUNTY CLERK
Date ~ C l
89 (Draft 3)
BiIINo.: _
ISw" Reference: C-230.9+/PC-99
A ~ n~ c!• Uisupproved this- --day ~5 .L57 -
Ord No.:
Cn.-~\
;L7 `C)R~~C~1C'7• OF HAWAII
n...
Waikoloa Highlands
TMK (3) 6-8-002:016 (portion)
Waikoloa, South Kohala, Hawaii -
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SUBDIVISION PLAN
C®LJIVT~' OF HAWAII STATE OF HAWAII
BILL NO. 3~_
ORDINANCE NO. 90 1.60
AN ORDINANCE AMENDIiiG SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP) AND SECTION 25-95H (WAIKOLOA VILLAGE ZONE
MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED
(U) AND MULTIPLE FAMILY RESIDENTIAL (RM-1.5) TO OPEN (O) AND
RESIDENTIAL-AGRICULTURAL (RA-la) AT WAIKOLOA, SOUTH KOHALA,
HAWAII, COVERED BY TAX MAP KEY 6-8-02:PORTION OF 16 AND
6-8-03:PORTION OF 32.
BE IT ORDAINED 8Y THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95A, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Residential-Agricultural (RA-la):
PARCEL A:
Beginning at the Southeast corner of this parcel of land,
on the Southwesterly side of Waikoloa Road, the
coordinates of which referred to Government Survey
Triangulation Station "PW HINAI" being 1,933.36 feet
North and 2,611.01 feet East, and running by azimuths
measured clockwise from true South:
EXHIBIT
2. Thence along Lot 3, Waikoloa Development, File Plan
1172, on a curve to the
left with a radius of
2,900.00 feet, the chord
azimuth and distance being:
130° 19' 05.5" 1,282.88 feet;
3. 117° 32' 22" 952.00 feet along Lot 3 of
Waikoloa Development, File
Plan 1172;
4. 207° 32' 00" 260.00 feet along remainder of,
Lot 5 of Waikoloa RM 1.5;
Unit 1, File Plan 1378;
5. 247° 48' 00" 777.48 feet along remainder of
Lot 5 of Waikoloa RM 1.5,
Unit 1, File Plan 1378;
6. 324° 03' 36" 30.17 feet along the Westerly
side of Puu Melia Road;
7. 27° 32' 22" 87.91 feet along Lot 4 of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
8. 325° 42' 30" 127.fi7 feet along Lot 4 of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
9. 352° 13' 50" 98.31 feet along Lot 4 of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
10. 3° 46' 00" 144.58 feet along Lot 4 of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
11. 304° 37' 35" 78.70 feet along Lot 4 of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
12. 291° 52' 20" 179.87 feet along Lot 4 of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
13. 298° 45' 00" 108.48 feet along Lot 4 of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
-27-
14. 264° 02' 05" 203.62 feet along Lots 4 and 3A
of Waikoloa RM 1.5, Unit
1, File Plan 1378;
15. 302° 41' 35" 68:70 feet along Lot 3A of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
16. 281° 00' 00°' 72.77 feet along Lot 3A of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
17. 301° 22' 15" 110.23 feet along Lot 3B of ,
Waikoloa RM 1.5, Unit 1,
File Plan 1376;
18. 312° 55' 00" 127.57 feet along Lot 3H of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
19. 287° 10' 00" 96.36 feet along Lot 3B of
Waikoloa RM 1.5, Unit .1,
File Plan 1378;
20. 348° 09' 45" 71.37 feet along Lot 3H of
Waikoloa RM 1.5, Unit 1,
File Plan 1378;
21. 312° 49' 15" 146.55 feet along Lots 3H and 2
of Waikoloa RM 1.5, Unit
1, File Plan 1378;
22. 280° 18' 30" 127.50 feet along Lot 2 of
Waikoloa RM 1.5, Unit 1,
File Plan 1378 to the
point of beginning and
containing an area of
29.609 Acres. (Refer to
Parcel E as shown on
Exhibit "A")
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 3. These changes in district Classification are
conditioned upon the following: (A) the applicant, successors
or its assigns shall be responsible for complying with all of
-28-
the stated conditions of approval: (H) the RA zoned area shall
be subdivided in three increments. The first and second
increment shall consist of a maximum of 175 one-acre lots each
and the third increment, the remaining area. Subdivision plans
shall be submitted £or successive increments only after
development has occurred in the preceding increment as
determined by the Planning Director. "Development" means that.
building permits have been issued for dwelling units and
construction has been partially completed to the extent that
roofs have been constructed on a minimum of twenty-five percent
of the number of lots proposed for the first increment. In
lieu of actual construction, the applicant may enter into an
agreement with the Planning Department to assure the County
that the dwellings will be constructed within a given period.
Such agreement shall be secured by a surety bond, certified
check or other security acceptable to Corporation Counsel and
the Planning Department. Upon final execution of such
agreement and filing of the security with the County,
subdivision plans for the next increment may be submitted prior
to the actual construction of the dwellings in the first
increment; (C) subdivision plans for the first increment shall.
be submitted within one year from the effective date of the
change of zone. Final subdivision approval shall be secured
within one year from the date of receipt of tentative
subdivision approval. Plans for infrastructural improvements,
-24-
including off-site roadway improvements, shall be submitted in
conjunction with construction drawings for final subdivision
approval of the first increment; (D) access shall meet with the
requirements of the Department of Public Works. Direct access
to Waikoloa Road shall be limited to one roadway from the
project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue
intersection shall be channelized and signalized meeting with,
the requirements of the Department of Public Works. These
improvements together with other roadway improvements required
by the Department of Public Works based upon a Traffic Impact
Analysis Report dated December 1989 shall be provided prior to
opening of the golf course or in conjunction with final
subdivision approval of the first increment, whichever occurs
first, or as otherwise provided by Chapter 23 (Subdivision
Control); (E). to ensure that the goals and policies of the
Housing Element of the General Plan are implemented, the
applicant shall secure the concurrence of the County Housing
Agency, upon the recommendation of the Office of Housing and
Community Development, that the applicant's affordable housing
requirements, if any, have been fulfilled prior to the issuance
of final subdivision approval; (F) a drainage system shall be
installed in accordance with the requirements of the Department
of Public Works and other affected agencies; (G) comply with
all applicable laws, rules, regulations and requirements,
including conditions of Use Permit No. 71; (H) should the
council adopt a Unified Impact Fees ordinance setting forth
-30-
criteria for the imposition of exactions or the assessment of
impact fees, conditions included herein may, at the developer's
election, be satisfied by performance in accordance with the
requirements of the Unified Impact Fees Ordinance; (I) 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 ,t he 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, (J) 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
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 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
-31-
submit the applicant's request to the County Council for
appropriate action. Further, should any of the eonditions 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 4. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUN IL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: December 5, 1990
Date of 1st Reading: December 5, 1990
Date of 2nd Reading: December 19, 1990
Effective Date: December 27, 1990
-32-
C®UNTY ~F HAWAII S°I'ATE ®F HAWAII
BILL N®. 34
(TJraft 2)
ORDINANCE NO. 95 5~
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP) AND SECTION 25-95H (WAIKOLOA VILLAGE ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, RELATING TO THE MODIFICATION OF CONDITIONS B AND C Or^ ,
ORDINANCE NO. 90-160, WHICH RECLASSIFIED APPROXIMATELY 761 ACRES
OF LAND FROM AN UNPLANNED (U) AND MULTIPLE FAMILY RESIDENTIAL
(RM-1.5) TO OPEN (O) AND RESIDENTIAL-AGRICULTURAL (RA-la) AT
WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY
6-8-02: PORTION OF 16 AND 6-8-03: PORTION OF 32.
HE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 90-160 is amended as follows:
"SECTION 3. This change in district classification is
conditioned upon the following:
A. The applicant, successors or its assigns shall be
responsible for complying with all of the stated
conditions of approval;
[B. the RA zoned area shall be subdivided in three
increments. The first and second increment shall consist
of a maximum of 175 one-acre lots each and the third
increment, the remaining area. Subdivision plans shall
be submitted for successive increments only after
development has occurred in the preceding increment as
determined by the Planning Director. "Development" means
that building permits have been issued for dwelling units
and construction has been partially completed to the
extent that roofs have been constructed on a minimum of
twenty-five percent of the number of lots proposed for
the first increment. In lieu of actual construction, the
applicant may enter into an agreement with the Planning
Department to assure the County that the dwellings will
EXHIBIT
J
a
r
be constructed within a given period. Such agreement
shall be secured by a surety bond, certified check or
other security acceptable to Corporation Counsel and the
Planning Department. Upon final execution of such
agreement and filing of the security with the County,
subdivision plans for the next increment may be submitted
prior to the actual construction of the dwellings in the
first increment;]
(C]H- [Subdivision plans for the first increment shall be
submitted within one year from the effective date of the
change of zone.] Final subdivision approval for not less
than 175 lots shall be secured within (one year from the
date of receipt of tentative subdivision approval]
five (5) y a rom h ;v da of hi am ndment.
Plans for infrastructural improvements, including
off-site roadway improvements regi~ired in Condition C,
shall be submitted in conjunction with construction
drawings for final subdivision approval (of the first
increment] for anv no ion o h cibject nronerty.
P ;or o ~n 0. i9 6. on ~c ion o h
channeli~at;on im8rov m n o h Wa;koloa/P~a
Melia/Pan;olo Av n~ ;n r ;on (including
a l a ion/d l a ion and i f irn o ag lan and
Aav m n and Gho~ld r w;d n;ng) meeting with the
:gguirements of the Deaar m n of p~bli Wo k hall be
- como~.ed-and dedicated to the.eounty In addition. the
a8glicant hall ;n all and d d' a h traffi
signal; a ;on ;~,rovements required ;n Condition C prior
to the Final R,ibd;yi ion ADnroval for more than 350 lots
9f twenty a r o l s or oon 'n h v n h
warrants for s~ h ;n alla ion ar justified by the chief
engineer. In ; o a gal on r, ion of
inf a > iral imp v m n guired herein excep or
-2-
Cond;tion C. the aoul;cant may enrar i„r an agra r
with the County to a ~ h o mrkr },ar rho
;nf a > > al imDrov m n will h rnn r ~ a g~~i
with the app~pri a bond e ,r ry o o l'l r car ,r' r
deemed acceo abl o h 1ann;ng Dirarrnr Ana r~,~
Corpora ion o~n pon xarnr;n of ~ as m r~
and/or filing of th , ; v with ha o~nry f;
s~bd;v;sion ano oval fo h ~biP~ry_8~pe,-ry~_po ;one
h o hall b Qran d o ;o o rh a r„al rnncr-,-.,~~;.._
of re~uir d infras > > al imgrov m n s;
[D]~. Access shall meet with the requirements of the
Department of Public Works. Direct access to Waikoloa Road
shall be limited to one roadway from the project site.
Waikoloa Road-Pua Melia Street-Paniolo Avenue intersection
shall be channelized and signalized meeting with the
requirements of the Department of Public Works. These
improvements together with other roadway improvements required
by the Department of Public Works based upon a Traffic Impact
Analysis Report dated December 1989 shall be provided prior to
opening of the golf course or in conjunction with final
subdivision approval of the first increment, whichever occurs
first, or as otherwise provided by Chapter 23 (Subdivision
Control);
[E]p. To ensure that the goals and policies of the Housing
Element of the General Plan are implemented, the
applicant shall secure the concurrence of the County
Housing Agency, upon the recommendation of the Office of
Housing and Community Development, that the applicant's
affordable housing requirements, if any, have been
fulfilled prior to the issuance of final subdivision
approval;
-3-
[F]$. A drainage system shall be installed in accordance with
the requirements of the Department of Public Works and
other affected agencies;
[G]E. Comply with all applicable laws, rules, regulations and
requirements, including conditions of Use Permit No. 71;
[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 developer's election, be satisfied by
performance in accordance with the requirements of the
Unified Impact Fees Ordinance;
[I;~. 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;
[J]$. 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 cf conditicns 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;
-4-
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 2. Material to be deleted is bracketed. New material
is underscored.
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 4. This Ordinance shall be effective upon its
approval.
INTRODUCED) BY:
COUNCIL MEMBER, COUNTY OF'HAWAII
Hilo, Hawaii
Date of Introduction: March 1, 1995
Date of 1st Reading: March 1, 1995
Date of 2nd Reading: March 15, 1995
Effective Date: March 21, 1995
APPROVED AS TO FO AND LEGALITY:
CORPORATION COUNSEL
DATED : gf~~~~
-6-
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OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo .Hawaii
n
- , ^ ~ ,r .
DR i' i
ROLL CALL VOTE
AYES -NOES ABS FJf
Introduced By: Keola Childs Arakaki 7{
Date Introduced: March 1. 1995 Bonk.Abramson X
FustReading: March 1, 1995
Published: N/A Oi1~ X
pe Lima X
REMARKS: Domino X
Osorio X
Rath X
Ray X
Smith X
8 0 1 0
ROLL CALL VOTE
Second Reading: March 15, 1995 AYES NOES ABS EX
To Mayor: March 16, 1995 X
Arakaki
Returned: March 21. 1995 X
Effective: March 21, 1995 Bonk-Abramson
Published March 28, 1995 Childs X
De Lima X
2EMARKS: Domino X
Osorio X
Rath X
Ray X
Smith X
9 0 0 0
DO HEREBY :e ore i was adopted by the Counfiy Council and published as
tdicatrr.'wbote ~i°I't2v'vEU as to
FCP,NI d LiTY O-
r
CORPORATION COUNSEL CO .IL CHAS N
COUNTY Of HAWAII
Dare M'QR 2 ~ 90,C~ UN7YCLERK
'prov~~ DzszrDp~sed this ~ day
~k~
Yo>}, co of wAll g;ttNo.: 34 (Draft 2 )
RefeT~1Ce1 C- 158/PC-33
Ord No.: S 51
_ / ~~`y or
COUNTY OF HAWAII STATE OF HAWAII
:...e.::
r• nr a"~
BILL NO. 89
Draft 3
ORDINANCE NO. ®5 iS'7
AN ORDINANCE AMENDING ORDINANCE N0.95 51 AMENDING ORDINANCE
NO. 90-160, WHICH RECLASSIFIED LANDS FROM AN UNPLANNED (U) AND
MULTIPLE FAMILY RESIDENTIAL (RM-1.5) TO OPEN (0) AND
RESIDENTIAL-AGRICULTURAL (R.A-1 a) AT WAIKOLOA, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 6-8-02:PORTION OF 16 AND 6-8-03:PORTION OF 32.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 95 51 is amended as follows:
"SECTION 3. This change in district classification is conditioned upon the following.
A. The applicant, successors or its assigns shall be responsible for complying with all
of the stated conditions of approval;.
B. Final subdivision approval for not less than 1751ots shall be secured within [€rve
(3~] ten 10 years from the effective date of this new amendment. Plans for
infrastructural improvements, including off=site roadway improvements required
in Condition C, shall be submitted in conjunction with construction drawings for
final subdivision approval for any portion of the subject property. [D~^~~
2n 1 cinc ,.F+>,° ^t,«««°r..,^+;,.« 4w° xx/«a,«1^../ D....
^ °
M°h../ Dn«:..1.. A..°«..^ :«k..~n°..+:..« /:«..1..,7:«.... ..°I°...ti,.«/ A«..«7..x..4:..« ..«,7 1^A
Lu.... a.4^~nn° In«°n «n..°m.a«4 n«a ..1, «..1,7°r ...:a°«: .«u°4:«r. e:41. 41...
°«+..,.Fkl.nP°«.;.."..,°«4 ..FD..1.1:,. lx/..-L.. ..l.nll 1.«.. «7«4n.7 ..«.1
~ ° v
,a°a:^^*°,, r« ^aa:":^« 4JThe applicant shall install and dedicate the
traffic signalization improvements required in Condition C prior to the Fina(
Subdivision Approval for more than 350 lots of twenty acres or less, or sooner in
the event the warrants for such installation are. justified by the (e#ief
et~gixeer]director of public works. In lieu of actual construction of infrastructural
EXHIBIT
,f
improvements required herein, except for Condition C, the applicant may enter
into an agreement with the County to assure the County that the infrastructural
improvements will be constructed together with the appropriate bond, surety, or
other security deemed acceptable to the Planning Director and the Corporation
Counsel. Upon execution of such agreement and/or filing of the security with the
County, final subdivision approval for the subject property or portions thereof
shall be granted prior to the actual construction of required infrastructural
improvements.
C. Access shall meet with the requirements of the Department of Public Works.
Direct access to Waikoloa Road shall be limited to one roadway from the project
site. Waikoloa Road-Pua Melia Street-Paniolo Avenue intersection shall be
channelized and signalized meeting with the requirements of the Department of
Public Works. These improvements together with other improvements required
by the Department of Public Works based upon a current Traffic Impact Analysis
Report [a°'°a r'°°°^°"°-' "Q°] shall be provided r«.. «c.",. ,.°u
eet~seer] in conjunction with final subdivision approval of the first increment,
or as otherwise provided by Chapter 23 (Subdivision
Control);
D. To ensure that the goals and policies of the Housing Element of the General Plan
aze implemented, the applicant shall comply with the requirements of Chanter 11.
Article 1. Hawaii County Code relatine to Affordable Housine Policy. This
requirement shall be approved by the County Housin Aeency prior to final
subdivision approval. ° ° °r.",. u,.....:«..
..i.r; y ..i,i,., .~xavc~ ".vauii<S ri.Y°".-' ~ "'`7,
r'°-°°
E. A drainage system shall be installed in accordance with the requirements of the
Department of Public Works and other affected agencies;
_2_
F. Comply with all applicable Countv, State and Federal laws, rules, regulations and
requirements[;
in^l.,.a:~ „:u :c..,, c; rr~n ns.....•a wr -,r~.
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G. ~el.,,..ta al.o ^^,,.,^a n,7,...+ n r r..:ana r.,,.,n^« >;en_ _-a_^^.,^° ^ F-- ~
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t,~~,a 1, ..l,e D14..,.. e ~.r..ctc. :.::c ~lt.,^,..
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timiiccT
Restrictive covenants in the deeds of all proposed lots within the property shall
give notice that the terms of the zoning ordinance prohibit the construction of a
second dwelling unit and condominium property regimes on each 1-acre lot. This
restriction may be removed by amendment of this ordinance by the County
Council. The owner of the property may also, in addition. impose private
covenants restricting the number of dwellin s. A copy of the proposed
covenant(s) to be recorded with the State Bureau of Conveyances shall be
submitted to the Planing Director for review and approval prior to the issuance of
Final Subdivision Approval. A copy of the recorded document shall be filed with
the Planni~ Department upon its receipt from the Bureau of Conveyances:
H. Before final subdivision approval, applicant must obtain reclassification of the
RA-1 a zoned area from the State Land Use Commission to the Rural or Urban
district. Prior to the submittal of plans for a gradine or any associated permit for a
golf course to the County for review and approval, the applicant shall consult with
the Waikoloa Village Association and the County Council relative to the timing
and propriety of such a use. This condition, except for the consultation
requirement for an~golf course, may be waived by the Platmine Director, after
consultation with Corporation Counsel, if an appellate iudicial decision, or
substantive change to Chapter 205. Hawaii Revised Statutes, clearly establishes
the legality of this project in the Aericultural State Land Use district, including the
residential uses of the lots;
I. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to pazks and recreation, firetipolice,
solid waste disposal facilities and roads. The fair shaze contribution shall be
initially based on the representations contained within the change of zone
implication and may be increased or reduced proportionally if the lot counts aze
adiusted. The fair share contribution shall become due and payable prior to
receipt of Final Plan Approval or within live veazs from the effective date of this
amended chatige of zone ordinance, whichever occurs first. The fair share
contribution for each lot shall be based on a maximum density for each lot as
~
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 beginning three years after the effective date of the amendment to the
ordinance, based on the percentage change in the Honolulu Consumer Price Index
{HCPI). The fair shaze contribution shall have a maximum combined value of
$9,991.21 per single-family residential unit. Based upon the applicant's
representation of intent to develop a total of one hundred and seventy five (1751 '
sinele-family residential units, the indicated total of fair share contribution is
$1,748,461.75 for the single-family residential units. However, the total amount
shall be increased or reduced in proportion with the actual number of units
according to the calculation and payment provisions set forth in this condition.
The fair shaze contribution pet single-family residential unit shall be allocated as
follows:
• $4,817.93 per sinele-family residential unit for one hundred and seventy five
(1751 sinele-family residential units fot an indicated total of $843,137.75 to the
County to support pazk and recreational improvements and facilities;
• $232.42 per sinele-family residential unit for the one hundred and sevenri five
(1751 single-family residential units for an indicated total of $40.673.50 to the
County to supportpolice facilities;
• $459.06 per sinele-family residential unit for one hundred and seventy five~1751
single-family residential units for an indicated total of $80.335.50 to the County to
support fire facilities;
• $200.98 per sinele-family residential unit for the one hundred and seventy five
(1751 single-family residential units for an indicated total of $35.171.50 to the
County to support solid waste facilities;
• $4,280.82 per sinele-family residential unit for the one hundred and sevenri five
{1751 sinele-family residential units for an indicated total of $749,143.50 to the
County to support road and traffic improvements;
-5-
In lieu of pavine the fair share contribution, the applicant may contribute land
andtor construct improvementslfacilities related to parks and recreation. fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council;
J. Should the Council adopt a Unified Impact Fees Ordinance settine forth criteria
for imposition of enaction or the assessment of impact fees, conditions included
herein shall be credited towazds the requirements of the Unified Impact Fees
Ordinance;
K. An annual progress report shall be submitted to the Planning Director prior to the
anniversary 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 with and the Planning Director acknowledges that further reports
aze not required;
L. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director [steal}] may initiate rezoning of the azea to its original or
more appropriate designation.
SECTION 2. Material to be deleted is bracketed and material to be added is
underscored.
SECTION 3. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
-6-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL M~F BER, CO T OF HA AI`I
INTRODUCED
r./'
COITNCIL M ER, COUNTY HAWAII
Kona , Hawaii
Date of Introduction: November 22, 2005
Date of 1st Reading: November 22, 2005
Date of 2nd Reading: December 7, 2005
Effective Date: December 15, 2005
ReFEP.ENCE: Comm. 230.9
-7-
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
(Draft 3)..
Introduced By: Pete Hoffmann/K.Ange1 Pilagq ' ROLIICALt.'VOTE
Datelntroduced: November 22, 2005 AYES NOES ABS EX
first Reading: November 22, 2005 Arakaki X
Published: December 9, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0 0
Second Reading: December 7, 2005
To Mayor: December 9, 2005 ROLL CALL VOTE
Resumed: December 15. 2005 AYES NOES ABS EX
Effective: December 15 r 2005 Arakaki X
Published: December 22, 2005 Higa X
Hoffinann X
REMARKS: Holschuh X
lkeda X
Isbell X
Jacobson X
Pilago X
Safazik X
8 1 0 0
1 DU HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVES AS TO s~~~~
FORM AND LEGALITY:
) I ~l COUNC/L CHA/KHAN
DEPUI[Y CORPORATION COUNSEL
COUNTY Of H/~WAI'I L'
' ~ COUNTY CLERK
I :~:1~~t~';
Date
89 (Draft 3)
Bill No.:
IS~z" Reference: C-230.9/PCr-y49
a r d/Disapproved this day O.S 15
/ ~zce,,..Fi..r 5 Ord No.:
.tlh 'ORS C'~t-:V~t OFHtAWAIT
' MSY Ui M~
.
Harry Kim ~ ~s Lawrence K. Mahuna
Mayor ; Police Chief
~'+r}•o;•N:.+• Harry S. Kubojiri
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Sueet Hilo, Hawaii 96720-3998
(808) 935-3311 • Fax (80S) 961-2389
February 22, 2007
TO C 5I'OP ER L YUEN, PLANNING DIRECTOR
t
FROM K PA
ECO, ASSISTANT CHIEF,
AREA II OPERATIONS
SUBJECT :Change of Zone (REZ 678)
Applicant: Waikoloa Mauka, LLC
Request: Amendment to Change of Zone Ordinance No. OS-157
(Conditions B, C, and I)
Tax Map Key: 6-8-2: portion 16 and 6-8-3: portion 32
Staff has reviewed the above-referenced application and has no comments or objections
to offer at this time.
EXHIBIT
S 02578,4
"Hawai'i County is an Equal Opportunity Provider and Employer"
ptY 0/ •9~
Harry ~~>d ~ ! o• d-' Darryl J. Oliveira
Mayor - - Fire Chief
- _ ?.~-j' Glen P.I. Honda
~ M•
Deputy Fire Chief
. ,-ii
~DUTCtp Df ~~Yl1~i`t
HAWAII FIRE DEPARTMENT
25 Aupuui Street • Suite 103 Hilo, Hawaii 96720
(808) 981-8394• Fax (808) 981-2037
February 22, 2007
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE (REZ 678)
APPLICANTS: Waikoloa Mauka, LLC
REQUEST: Amendment to Change of Zone Ordinance No. OS-157
(Conditions B and C)
TAX MAP KEY: 6-8-2:portion 16 and 6-8-3:portion 32
We have no comments to offer at this time in reference to the above-mentioned Change of Zone
request for amendment
GLEN HHONDA
Deputy Fire Chief
PBW:Ipc
EXHIBIT ~Ptt~o~ry
~ A
- ~REO~
Hawaii County is an Equal Opportunity Provider and Employer.
OF WATpq
Q~ g`AA R4
L'. Yi~j [ ~ 11
is ae ~ CFAi '3 f.°,.
°o~ DEPARTMENT OF WATER SUPPLY •.COU-N~TY OF HAWAII
~'ppBAWpp?'p 345 KEKUANAO`A STR EET„S,1{I;7 Ei20 HLCO HAW~I`I 96720
TELEPHONE (808) 961-8050 FA'X (80.5)86,!(-8657
March 7, 2007
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE (REZ 678)
APPLICANT - WAIKOLOA MAUKA, LLC
REQUEST: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO.OS-157
(CONDITIONS B, C, AND I)
TAX MAP KEY 6-8-002:016 (PORTION) AND 6-8-003:032 (PORTION)
We have reviewed the subject request and have no objections.
The Department still requires that plans for a water system, designed in accordance with the Department's
Water System Standards and Rules and Regulations, be submitted for review and approval. The applicant
shall also pay a fee offour-tenths of one percent of the estimated cost for the construction of the water
system, but not less than $50.00, to cover the costs for plan review, testing, and inspection.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
Elton D. Pavao, P.E.
Manager
FM:dfg
copy - Waikoloa Mauka, LLC
Mr. Sidney Fuke
EXHIBIT
~ ~
U"UaEer dr~n~c~ proc~re6~... ~~sU~,,
The Department of Water Supply is an Equal Opportunity provider and employer. To fie a complaint of discrimination, wdle: USDA, Director, Office of Clvll
Rights, Room 326-W, Whitten Building, 14th and Independenw Avenue, SW, Washington DC 20250-9410. Or call (202) 720.5964 (voice and TDD)
JNVV Oi
~O. - 9
' ~ ~
t~~ryK,itn~^~ Barbara Bell
~`++~19ayar ~ ~ r ~';~ada~°~,+i Director
^~~1 ~ ,
~rf OF H~''~ Nelson Ho
Deputy Director
~IIlITI~~I D~ ~2t~1T~it
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupunl Street, Room 210 ~ Hilo, Hawaii 96720-4252
(808) 961-8083 • Fax (SOS) 961-8086
MEMORANDUM
Date : February 8, 2007
To CHRISTOPHER Y[IEN, Planning it or
From: BARBARA BELL, Director
Subject: Change of Zone (REZ 678)
Applicant: Waikoloa Mauka, LLC
Request: Amendment to Change of Zone Ordinance No. OS-t 57 (Conditions B, C and n
TMTC: 6-8-2:portion 16 and 6-8-3:portion 32
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS: N/A
( ) No comments
( )Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawaii County Code. Complete D.E.M. Sewer Extension Application.
' ( )Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawaii County Code.
( )Other: (r~'',,,,^^ nn
TECHNICAL SERVICES COMMENTS: ~ ~ Q~~~1\~~ .
SOLID WASTE COMMENTS:
( ) No comments
()()Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations For disposal.
Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
(X) Ample and equal room should be provided for rubbish and recycling.
(h) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
(7O Construction and demolition waste is prohibited at all County Transfer Stations.
Submit Solid Waste Management Plan in accordance with attached guidelines.
( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( )Other:
CC: SWD, TSS 9194~2fi~~°St
Hawaii County is an equal oppor[uniry prodder and employer.
EXHIBIT
MtY Os M
~o;!+~'"'~, Barbara Bell
6~ Director
Harry Kim
Mayor Michael Dworsky P.E.
•t?•;~ a+.~~~` Solid Wasle Division Chief
~~~Of M~'N
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street' Room 2l0 ~ Hiln, Hawaii 96720-4252
(808) 961-8083 ~ Fax (808) 961-8086
June 6, 2006
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing solid waste management plans, for which
special conditions are placed on developments. The solid waste management plan will
be used to: (1) encourage recycling and recycling programs, (2) predict the waste
generated by the proposed development to anticipate the loading on County transfer
stations, landfills and recycling facilities, and (3) predict the additional traffic being
generated because of waste and recycling transfers.
REPORT
The consultant's report will contain the following:
1. Description of the project and the potential waste it may be generating: i.e.
analysis of anticipated waste volume and composition. This includes waste
generated during the construction and operational phases. Greenwastes will be
included in this report for both construction grubbing and future operational
landscape maintenance.
2. Description and location of the possible sites for waste disposal or recycling. We
will not allow the use of the County transfer stations for any commercial
development; commercial development as defined under the policies of the
Department of Environmental Management, Solid Waste Division.
3. Since the Department of Environmental Management promotes recycling,
indicate onsite source separation facilities by waste stream; i.e. source
separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample
and equal space for rubbish and recycling.
4. Identification of the proposed disposal site and transportation methods for the
various components of the waste disposal and recycling system, including the
number of truck traffic and the route that truck will be using to transport the waste
and recycled materials.
M
Solid Waste Management Plan Guidelines
Page2of2
5. The report will include any impacts to County waste and recycling facilities, and
the appropriate mitigation measures. All recommendations and mitigation
measures will be addressed.
6. Description of the waste reduction component that analyzes techniques to be
employed to achieve a reduction goal.
7. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A solid waste management plan will be done for all commercial developments, as
defined under the policies of the Department of Environmental Management,
Solid Waste Division.
2. We will require the developer to provide or resolve all recommendations and
mitigation measures as outlined in the report; besides any conditions placed on
the applicant by the Department of Environmental Management.
3. A licensed environmental or civil engineer will draft and certify the solid waste
management plan.
CONCUR:
Barbara Bell
DIRECTOR
10/13/03
Revised 06/06/06
I
Hawaii County is an Equal Opportunity Provider and Employer.
w.pE~~.~-y-...
g E r F„ H
~~(d
„1t3 4 /1 p< IW pETHHT YOUXG
LINDA LINGLE ~ 9~f ~ ° v, o
GOVERNOR OF fIgWAII ~ ?o~nis nv uwitR E ,r[u[v
I Rrsrn
' ~ GGGE 1 ROBERT K. AUSI:DA
DERttp0.EROR
' ~ ~ BOniMOgATICRFSOURfE9
y~ ~ LOI ~N RFCREwi ON
~qv`..,~~~~ fYAR"CE5
p~~pnd HD(f Nat ~aneEaB' uMCOnse~gnoNpHO mwsA`rniin.os "E'j~
z i9 ronsERVnii EsnroacEME~
OAE6TAY Mp W11DEYE
STATE OF HAWAII RNIOJLRWE~6l oa~~~E'ro"MR,~6ro„
~ ~ DEPARTMENT OF LAND AND NATURAL RESOURCES 6TA [YARR6
LAND DIVISION
$ap~m Hyif>` POST OFFICE BOX 621
HONOLULU, HAWAII 96809
February 15, 2007
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, Hawaii 96720
Attention: Norman Hayashi
Gentlemen:
Subject: Waikoloa Mauka, LLC, Waikoloa, Hawaii, Tax Map Key: (3) 6-8-2:portion
16; 6-8-3:portion 32
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources has no comment to offer on the subject matter.
Should you have any questions, please feel free to call our office at 587-0433. Thank you.
Sincer
Russell Y. Tsuji
Administrator
Cc: Central Files
~i~~~~~
EXHIBIT t
~f
LINDA LINGLE << o, CHIYOME L. FUKINO, M.D.
GOVERNOR a~ ,asa OiredorM Health
4~~ ~y~~
{
L
o-
e~
eae
~ STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: February 13, 2007
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Newton Inouye n~""
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone (REZ 678)
Applicant: Waikoloa Mauka, LLC
Request: Amendment to Change of Zone Ordinance No. OS-157
(Conditions B, C and I)
Tax Map Key: 6-8-2:portion 16 and 6-8-3:portion 32
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
We recommend that you review all of the Standard Comments on our website:
wwwstate.hi.us/health/enviromnental/env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
WORD:REZ 678.my
EXHIBIT L ,~~~.r~ ~
l~
LINDA LINGLE PATRICIA HAMAMOTO
GOVEPNOR SUPEPINTENOENT
pt` ~'F ~ ly
By
~I: f `
~+*i 'moo
STATE OF HAWAII
DEPARTMENT OF EDUCATION
P O. BOX 2360
HONOLULU, HAWAI'196804
OFFICE OF THE SUPERINTENDENT
March 5, 2007
Mr. Christopher J. Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yuen:
SUBJECT: Amendments to Rezoning for Waikoloa Highlands Residential Subdivision,
South Kohala; Hawaii TMK: 6-8-002: por 16 and 6-8-3: por 32
The Department of Education (DOE) has no comment regarding the Waikoloa Maulca, LLC
application to amend zoning conditions.
The DOE is requesting that the State Land Use Commission impose a school fair-share condition
on the project to mitigate the impacts of the project on the schools serving Waikoloa.
The DOE appreciates the opportunity to comment on plans for Waikoloa Mauka. If you have
any questions, please call Heidi Meeker of the Facilities Development Branch at (808) 733-4862.
VrerLy~t~rulLy yours,
Patricia Hamamoto
Superintendent
PH:jmb
cc: Randolph Moore, Acting Assistant Superintendent, OBS
Duane Kashiwai, Public Works Administrator, FDB
EXHIBIT
0259a.n
AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER
LINDA LINGLE z• o r roq BARRV FUKUNAGA
GOVERNOR .a sa"~% INTERIM DIRECTOR
g•' \t v:
- ~ ~ ~ ? Depot' Directors
' ~ b PRANGS PAUL KEENO
i g BRENNON T. MO ROKA
- -~''2' °
® BRIAN H. SEKIGUCHI
- i ~0.m.e+s~.
STATE OF HAWAII IN REPLV REFER TO:
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET STP 8.2420
HONOLULU, HAWAII 96813-5097
Mazch 5, 2007
Mr: Christopher J. Yuen, Director .
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: Waikoloa Mauka, LLC
Amendment to Change of Zone (REZ 678)
Conditions B, C and I, Ordinance No. OS-157
It is our understanding that the request by the applicant seeks additional time to complete its land
development project and internal local road/intersection improvements in Waikoloa for the
Waikoloa Highlands project.
The proposed amendments in the subject request do not affect or diminish our eazlier comments
we provided to your department in letter STP 8.2339 dated December 5, 2006 (copy attached) on
our concern over project and cumulative impacts on and at our highways from the mauka land
developments in Waikoloa (such as the Waikoloa Highlands project).
Coordination with our Highways Division of the future build out of the Waikoloa Highlands
project and other projects in Waikoloa will continue to remain our concern. This is to ensure that
necessary highway intersection and roadway improvements aze in place to coincide with the
build-outs of each project and that each developer in Waikoloa participate in and provide their
shaze for the improvements to the highways.
We a recia the opportunity to provide our comments.
Very ly y urs,
BARRYF AGA
Interim Dir ct r of Transportation
Attach
EXHIBIT o2sas~
LINDA LINGLE z c, o c aq h. RODNEV K. HARA.GA
~GOVERNOk ~,a sy .`~.9, DIRECTOR -
a•~ Deputy piredors
i FRANgS PAUL KEENO
~i
::o BARRY FUKUNAGA
•r•~°'a BRENNON T. MORIOIN
~Otl[3'~~
BRYAN H. SEKIGUCHI
STATE OF HAWAII IN REPLY REFER TO;
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET $TP 8.2339
HONOLULU, HAWAII 96813-5097
December 5, 2006
Mr. Kevin Kellow
Manager
Waikoloa Mauka, LLC
120 Aspen Oak Lane
Glendale, California 91207
Dear Mr. Kellow: -
Subject: Waikoloa Highlands -Residential Subdivision
Draft Environmental Impact Statement (DEIS)
TMK: (3) 6-8-002: 016 (portion)
We have the following comments on your subject project as presented in the Draft EIS:
1. The TIAR did not contain a discussion ofthe project's contribution to the traffic
conditions and impacts at the intersections with our two State highways (Queen
Kaahumanu and Mamalahoa), including the project's factor in the cumulative traffic from
other land developments in Waikoloa at the intersections. A supplement should be
prepared addressing the impact to the highways and submitted to us for our review and
approval.
2. It is our recommendation to the approvinglaccepting agencies that, the master
developer/landowner and/or each independent or sub-developer of projects at Waikoloa
should provide the traffic improvements and mitigation measures for impacts from the
projects, and participate in and contribute their fair share for regional transportation
improvements.
3. The development of each project in Waikoloa, such as the subject project, affects the
applicable drainage basin leading towazd the ocean and Queen Kaahumanu Highway. In
the each respective land development project, there should be a discussion of and
addressing of any downstream impact reaching the highway accumulating from the
collective development of the lands in Waikoloa.
...~..r...r.
Mr. Kevin Kellow STP 8.2339
Page 2
December 5, 2006
We appreciate the opportunity to provide our comments.
Very truly yours,
RODNEY K. HARAGA
Director of Transportation
DS:km
c: Laura Thielen, Office of Planning
Christopher Yuen, Hawaii Planning Department _
Anthony Ching, Land Use Commission
Genevieve Salmonson, Office of Environmental Quality Control
Chester Koga, R.M. Towill Corporation
• SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 ~ .~)j f ~f `t-; r~''" ' i~.~ • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Faz: (808) 969-7996 ~ - ~ • Subdivision • Land Use Permgs
E-mail: sidfukeQa verizon.net ~ _ • Environmental Reports
~ ~ ~ -~i
March 12, 2007
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720 ,
Deaz Mr. Yuen:
Subject: Proposed Rezoning Amendment (REZ 678)
Waikoloa Maulca, LLC
TMK: 6-5-02: uortion of 16 and 6-8-03: uortion of 32 (REZ 6781
17gank you for providing me with agency comments to date regarding the subject
matter. We note that the State Department of Land and Natural Resources -Land Division,
State Department of Health, County Fire Department, and County Police Department had no
substantive comments or objections to the request.
Relative to the Department of Environmental Management, please be informed that a
solid waste management plan will be prepared and submitted to the DEM for its review and
approval. Further during the construction phase of this project, every reasonable effort will
be made to retain the existing vegetation and material on site to rrriniTnize added imposition
on the County's land fill.
Although the azea is serviced by a private water company, the standards and
requirements of the County Department of Water Supply will be complied with.
Should you have additional comments or questions on this matter, please feel free to
contact me. Thank you very much.
S~erely~
'a
SIDNEY M. FUKE
Planning Consultant
Copy - Waikoloa Mauka, LLC w/ enclosures via email
EXHIBIT
/3
R
W
ailcoloeAmeodHCIItEZ.doc - 3/14/07
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
WAIICOLOA MAUKA, LLC
AMENDMENT TO CONDITIONS B, C AND I
CHANGE OF ZONE ORDINANCE NO.OS 157 (REZ 678)
Upon review of the request for amendments to Conditions B (Final Subdivision
Approval), C (Access) and I (Fair Share Contribution) of Change of Zone Ordinance No. OS 157,
the Planning Director recommends that the Planning Commission forward a favorable
recommendation to the County Council, with modifications to some of the existing conditions.
Since this recommendation is being 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. The recommendation for approval is based on the following
findings:
The applicant is requesting amendments to Conditions B (Subdivision Approval),
C (Access) and I (Fair Share Contribution) of Ordinance No. OS 157. Conditions B and C
relate to the nature of the roadway improvements at the intersection of Paniolo
Avenue/Pua Melia Street and Waikoloa road, as well as the number of accesses to
Waikoloa Road. The applicant requests amendments to Conditions B and C as follows:
(material to be deleted is bracketed and struck-through; material to be added is
underscored):
• Condition B:
"Final Subdivision Approval for not less than 175 lots shall be secured within ten
(10) years from the effective date of this new amendment. Plans for
, ' ]the off-site infrastructural roadway
improvements required in Condition C, shall be submitted [in-sea}t~xstien-vvitl3
prepert}=] no later than six months after a determination of the type of
improvements (i.e. signalized or roundabout) is made by the Director of the
Department of Public Works. The applicant shall install and dedicate the [trafiis
1
intersectional improvements required in Condition C prior to the
Final Subdivision Approval for more than 3501ots of twenty acres or less, or
sooner in the event the warrants for such installation are justified by the Director
of Public Works. In lieu of actual construction of infrastructural improvements
herein, except for Condition C, the applicant may enter into an agreement with the
County to assure the County that the infrastructure improvements will be
constructed together with the appropriate bond, surety, or other security deemed
acceptable to the Planning Director and the Corporation Counsel. Upon execution
of such agreement and/or filing of the security with the County, final subdivision
approval for the subject property or portions thereof shall be granted to the actual
construction of required infrastructural improvements."
• Condition C:
"Access shall meet with the requirements of the Department of Public Works.
Direct access to Waikoloa Road shall be limited to [ene-readway] two roadways
from the project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue
intersection shall be channelized and signalized or improved by a "roundabout"
system meeting with the requirements of the Department of Public Works. These
improvements together with other improvements required by the Department of
Public Works based upon a current Traffic Impact Analysis Report shall be
provided in conjunction with final subdivision approval of the first increment, or
as otherwise provided by Chapter 23 (Subdivision Control)."
Condition I relates to impact fees (Fair Share Contribution). The applicant requests that
Condition I be expanded or clazified to allow consideration for amulti-use community
center.
• Condition I (in part, last paragraph):
"........in lieu of paying the fair share contribution, the applicant may contribute
land and/or construct improvements/facilities related to parks and recreation which may
include amulti-purpose community center, fire, police, solid waste disposal facilities and
roads within the region impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate
agencies and approval of the County Council."
2
The applicant states that the plans for the golf course have been abandoned, in
part to address the Waikoloa Village Association's concerns over another golf course in
this area. Revised subdivision plans have been submitted to reflect the project into a 398-
lot subdivision with natural open space to replace the planned golf course. The project is
proposed to be developed in two phases, the first consisting of 1491ots, and the second
consisting of 2491ots.
Condition B requires signalization improvements at the intersection of Waikoloa
Road with Pua Melia Street /Paniolo Avenue. However, the applicant states that
discussions with various individuals suggest that a "roundabout" instead of a signalized
intersection may be more appropriate. In compliance with Condition B, on-site
infrastructural plans have been completed. However, the submittal of the signalized
plans also required under Condition B has been suspended pending a decision on the type
of improvements required.
Condition C limits the project to only one access along Waikoloa Road, at the
makai end of the project site. Another access is planned at Pua Melia Street. However,
both accesses would serve only the lower portion of the project. In the event of an
emergency, mauka area residents may encounter difficulty exiting the subdivision. As
such, two roadways from the project site are being proposed.
Lastly, discussions with the community have identified a need for amulti-use
community center. The applicant requests that Condition I be amended to facilitate the
possible construction of such a facility.
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 are
not the result of their fault or negligence. As plans for the golf course have been
abandoned, revised subdivision plans include a 398-lot subdivision with natural open
space instead of a golf course. The applicant has invested a substantial amount of time
and money to develop the project. Subdivision and intersection improvement plans have
been approved. Revised plans showing the proposed new project configuration have
been submitted. Channelization improvements of the Waikoloa Road/Paniolo
Avenue/Pua Melia Street intersection have been completed. The applicant has made a
good faith effort in complying with conditions of Ordinance No. OS 157.
3
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. When the rezoning was approved by Ordinance 90 160 in 1990, the
project area was designated Extensive Agricultural under the 1989 General Plan LUPAG
Map. The area was rezoned to Residential-Agricultural 1-acre (RA-la) and Open to
allow for the creation of the Highlands Golf Estates, consisting of 400 one-acre lots and
the Highlands Golf Course. The 2005 General Plan designates the area as Rural and
Open, reflecting the approved zoning. Therefore, the request would not be contrary to
the changes within the 2005 General Plan.
Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone. The original reasons for the approval of the
change of zone are still applicable and the request is not contrary to these reasons. The
project area is not classified under the Agricultural Lands of Importance in the State of
Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils
in the area is "E", or "Very Poor." From a land use perspective, it is a feasible alternative
to create aresidential-agricultural subdivision on these non-productive lands.
Based on the discussion above, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Conditions B, C and I with the
following changes to Ordinance No. OS 157. In addition, the Planning Director recommends
that existing conditions in the ordinance be revised to reflect the current standard language for
conditions of approval. (Material to be deleted is bracketed and struck-through; new material is
underscored):
A. The applicant, successors or its assigns shall be responsible for complying with all of the
stated conditions of approval;
B. Final Subdivision Approval ~ shall be secured within [t"~(~;]
five 5 years from the effective date of this new amendment. Plans for
' ]the off-site infrastructural roadway improvements required in
Condition C, shall be submitted
] no later than six months
after a determination of the type of imkrovements (i.e., signalized or roundabout) is made
the Director of the Department of Public Works. The applicant shall install and
dedicate the [s~ignali~atien] intersectional improvements required in Condition C
4
prior to [the] recent of Final Subdivision Approval °O'-°°°'-~
nos] or sooner in the event the warrants for such installation are justified by the
Director of Public Works. In lieu of actual construction of infrastructural improvements
herein, except for Condition C, the applicant may enter into an agreement with the
County to assure the County that the infrastructure improvements will be constructed
together with the appropriate bond, surety, or other security deemed acceptable to the
Planning Director and the Corporation Counsel. Upon execution of such agreement
and/or filing of the security with the County, final subdivision approval for the subject
property or portions thereof shall be granted to the actual construction of required
infrastructural improvements.
C. Access shall meet with the requirements of the Department of Public Works. Direct
access to Waikoloa Road shall be limited to [ene-readway] two roadways from the
project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue intersection shall be
channelized and signalized or improved a "roundabout" system meeting with the
requirements of the Department of Public Works. These improvements together with
other improvements required by the Department of Public Works based upon a current
Traffic Impact Analysis Report shall be provided in conjunction with final subdivision
approval of the first increment, or as otherwise provided by Chapter 23 (Subdivision
Control).
D. To ensure that the goals and policies of the Housing Element of the General Plan are
implemented, the applicant shall comply with the requirements of Chapter 11, Article 1,
Hawaii County Code relating to Affordable Housing Policy. This requirement shall be
approved by the [ ] Administrator of the Office of Housing and
Communit~Development prior to final subdivision approval;
E. A drainage system shall be installed in accordance with the requirements of the
Department of Public Works and other affected agencies;
F. Comply with all applicable County, State and Federal laws, rules, regulations and
requirements;
G. Restrictive covenants in the deeds of all proposed lots within the property shall give
notice that the terms of the zoning ordinance prohibit the construction of a second
dwelling unit and condominium property regimes on each 1-acre lot. This restriction
5
may be removed by amendment of this ordinance by the County Council. The owner of
the property may also, in addition, impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of
Conveyances shall be submitted to the Planing 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 Bweau of Conveyances;
H. Before final subdivision approval, applicant must obtain reclassification of the RA-la
zoned azea from the State Land Use Commission to the Rural or Urban district. This
condition may be waived by the Planning Director, after consultation with Corporation
Counsel, if an appellate judicial decision, or substantive change to Chapter 205, Hawaii
Revised Statutes, clearly establishes the legality of this project in the Agricultural State
Land Use district, including the residential uses of the lots;
I. The applicant shall make its fair share contribution to mitigate the potential regional
impacts of the property with respect to parks and recreation, fire, police, solid waste
disposal facilities and roads. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be increased or
reduced proportionally if the lot wunts are adjusted. The fair shaze contribution shall
become due and payable prior to receipt of Final Plan Approval or within five yeazs 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
determined by the zoning resulting from this change of zone. The fair shaze 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 adjusted annually beginning three
years after the effective date of the amendment to the ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a maximum combined value of feO~ $10,368.57 per single-family residential
unit. [ '
> >
.............;,.......a e.,... ..e. c The total
6
amount shall be determined with the actual number of units according to the calculation
and.kavmentprovisions set forth in this condition. The fair share contribution per single-
family residential unit shall be allocated as follows:
• $4,999.91 per single-family residential unit [
F...n /1 F L. A.,«a:.,t C ~ n« :«.1:nnanA a..anl ..F
"OA's-.~-1~~] to the County to support pazk and recreational improvements and
facilities;
• [$~3~] $241.20 per single-family residential unit [
F....~ /t'7G\ «..1.. C ...:1.. ..°..:A°«.: ,.1 , C ~ n« :«A:nnanA a..ant ..F
rnn c~~ cn
to the County to support po ice aci rties;
• [$439:A6] $476.39 per single-family residential unit - °«°,.••«a_n,l °°.•n^`..
r.. /l~c\„ ..ln r :1. ° :a°«a:nl F «a: na°aan..,l nFr~~,z~c,c~]t0
the County to support fire facilities;
• [~09SIS] $208.57 per single-family residential unit n«° ,.,•«,1..°a
°«a.. C..... /1 ^/c\ ..1.. C «.;1., ~°..;An«a:nt ..«:a.. F . n ;«d;°na°.7 an...l nF
r~
G~-'~~] to the County to support solid waste facilities;
• [""^,'~-.-~z] $4,442.50 per single-family residential unit [
a..° n ~c\ ,.1.. c «,n...°.,:an«a:nl . «:a.. s~...,« ;«a:°..a..A ana..l «F
° ~.u
Q'"°~~S] to the County to support road and traffic improvements;
In lieu of paying the fair shaze contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, which may
include amulti-puroose community center, fire, police, solid waste disposal facilities and
roads within the region impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate
agencies and approval of the County Council;
J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exaction or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance;
K. An annual progress report shall be submitted to the Planning Director prior to the
anniversary 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
7
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;
L. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more appropriate
designation.
8