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March 14, 2011
Chairman Pete Hoffmann
Hawaii County Council Committee on Planning
Holomua Center
64 -1067 Mamalahoa Highway, Suite C -5
Kamuela, Hawaii 96743
Re: Hualalai Partners of Kona, LLC ( "Applicant ")
Revised Master Plan and Proposed Amendments to Include Conditions of
Approval for Bill No. 328
TMK• (3) 7 -5- 017:043 ( "Project ")
Dear Chairman Hoffmann and Members of the Committee on Planning:
On behalf of Hualalai Partners of Kona, LLC ( "Applicant ") and pursuant to our meeting
with you and Council Member Brenda Ford of March 8, 2011, we respectfully submit the
following:
Revised Master Plan for Lot E is attached hereto as Exhibit A. The attached Master
Plan has been revised per our discussion to address the concern of the property
owners near the proposed Project that approval of smaller -zoned lots would devalue
the surrounding property values. We revised the Master Plan to increase the lot sizes
to 15,000 square feet or more along the Property's frontage at the Hienaloli
Road / Hualalai Road Intersection (light green- shaded Lots 38 through 42 and 45) and
the south boundary (light green - shaded Lots 1 and 7 through 9). Although the
maximum density permitted under the proposed RS -10 zoning is 65 lots, the
Applicant is proposing to limit density to a maximum of 45 lots. Due to the sloping
topography, the Applicant proposes to utilize a Planned Unit Development to create
lot sizes ranging from approximately 7,151 square feet to 15,533 square feet, which
would provide for a full spectrum of market product.
2. Proposed amendments to Bill No. 328 to include proposed Conditions of Approval.
Due to the Planning Commission's vote of "no recommendation" on Bill No. 328, no
proposed Conditions of Approval were forwarded to the County Council for its
consideration. The following Conditions are identical to those recommended by the
Planning Director, and reviewed by the Planning Commission, however, we have
HONOLULU HILO KONA MAUI GUAM SAIPAN LOS ANGELES
Comm. W. s: 3
Ref, To:
15 201
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Chairman Pete Hoffmann and Members of the Committee on Planning
March 14, 2011
Page 2
proposed amendments to Conditions C, F, G and S to address the issues discussed at
our meeting.
PROPOSED AMENDMENTS TO CONDITIONS OF APPROVAL FOR BILL NO. 328
A. The applicant, its successor or assigns shall be responsible for complying with all stated
conditions of approval.
B. The applicant shall comply with the November 6, 2007 Water Development Agreement
(South Waiaha Water System Agreement) executed with the Waiaha System LLC or
shall otherwise obtain the issuance of the necessary water commitment for the proposed
project from the Department of Water Supply, prior to the submittal of a subdivision
application to the Planning Department for the proposed project.
C. Final Subdivision Approval for the pfopesed development of a maximum of forty-five
(45) residential lots shall be secured from the Planning Director within five (5) years
from the effective date of this ordinance. The minimum lot size for the proposed lots
abutting the Hienaloli Road / Hualalai Road Intersection and the south boundary of the
proposed project shall be 15,000 square feet.
D. 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 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
dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of
Conveyances shall be submitted to the Planning Director for review and approval prior to
the issuance of Final Subdivision Approval. A copy of the recorded document shall be
filed with the Planning Department upon its receipt from the Bureau of Conveyances.
E. Roadway connections to adjoining TMK: 7 -5 -17: 42 shall be provided as required under
Condition H of Ordinance No. 10 2.
F. Access to the property from and through TMK: 7 -5 -17: 42 to Paulehia Street and
Hualalai Road shall meet with the approval of the Department of Public Works. The
applicant shall realign the right -of -way property line along the entire subject property
k
Chairman Pete Hoffmann and Members of the Committee on Planning
March 14, 2011
Page 3
frontage of Hualalai Road to provide an alignment meeting with the approval of the
Department of Public Works and dedicate additional right -of -way to the County equal to
one -half the difference between the existing right -of -way and the realigned 50 -foot wide
right -of -way. An additional 5 -foot wide future road widening setback easement shall be
provided along the property frontage and dedicated to the County upon request, at no cost
to the County.
G. The applicant shall construct within the proposed subdivision a north -south connector
road system that includes its primary subdivision access road and the future extension of
Pualena Street to "Minor Street" dedicable standards and dedicated at no cost to the
County. The remaining internal subdivision roadways shall be privately maintained by
the developer or its successors or assigns. Concrete curb, gutter and sidewalks shall be
provided in areas of pedestrian traffic in conformance with adjoining development and
the Department of Public Works' policy. No security gate shall be installed on any
roadway or entrance to this project. The developer, homeowner, and /or the homeowner's
association shall be responsible for any landscaping within the right -of- way(s), meeting
with the approval of the Department of Public Works, and shall repair any public facility
damaged by the landscaping.
H. The applicant shall provide improvements to the entire property frontage along Hualalai
Road, consisting of, but not limited to, grading, pavement widening, drainage
improvements, and any relocation of utilities, meeting with the approval of the
Department of Public Works.
I. Install street lights, signs and markings on Hualalai Road, meeting with the approval of
the Department of Public Works, Traffic Division.
J. Vehicular access to individual lots shall not be allowed from Hualalai Road.
K. All development - generated runoff shall be disposed of on -site and not be directed toward
any adjacent properties.
L. If required, a drainage study shall be prepared by a licensed civil engineer and submitted
to the Department of Public Works. The recommended drainage improvements shall be
constructed, meeting with the approval of the Department of Public Works prior to Final
Subdivision Approval.
Chairman Pete Hoffmann and Members of the Committee on Planning
March 14, 2011
Page 4
M. The development shall connect to the County sewer system, meeting with the approval of
the Department of Environmental Management.
N. During construction, measures shall be taken to minimize the potential of both fugitive
dust and runoff sedimentation. Such measures shall be in compliance with construction
industry standards and practices utilized during construction projects of the State of
Hawaii.
O. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the
Hawaii County Code.
P. Comply with Chapter 11 -55, Water Pollution Control, Hawaii Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction activity.
Q. Should any undiscovered remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the immediate area
shall cease and the Department of Land and Natural Resources - Historic Preservation
Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed
upon an archaeological clearance from the DLNR -HPD when it finds that sufficient
mitigation measures have been taken.
R. 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 Community Development
prior to Final Subdivision Approval.
S. 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 counts are adjusted. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval. 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 share contribution in a form of
cash, land, facilities or any combination thereof shall be determined by the County
Chairman Pete Hoffinann and Members of the Committee on Planning
March 14, 2011
Page 5
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 $12,059.55 per single - family residential unit. The total
amount shall be determined with the actual number of units according to the calculation
and payment provisions set forth in this condition. The fair share contribution per single -
family residential unit shall be allocated as follows:
• $5,815.33 per single - family residential unit to the County to support park and
recreational improvements and facilities;
• $280.53 per single - family residential unit to the County to support police
facilities;
• $554.09 per single - family residential unit to the County to support fire facilities;
• $242.59 per single - family residential unit to the County to support solid waste
facilities;
• $5,167.02 per single - family residential unit to the County to support road and
traffic improvements;
In lieu of paying the fair share 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 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 ffifty
shall receive a credit against the fair share contribution required for the road and traffic
improvements in the amount of the costs of land and construction of the improvements to
Hualalai Road and the portion of the north -south connector road within the project as
described in Conditions E F, G and H respectively herein.
T. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
U. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
Chairman Pete Hoffmann and Members of the Committee on Planning
March 14, 2011
Page 6
V. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the following circumstances:
1. The non - performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicant, 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).
5. If the applicant(s) should require an additional extension of time, the Planning
Department shall submit the applicant's request to the County Council for
appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the property to its original or more
appropriate designation.
Should you have any questions or concerns, please feel free to contact me at 935 -6644.
Thank you.
Sincerely,
l t:Y � I. e. &,-, /k"
Steven S.C. Lim
SSLIRMA
cc: Council Member Brenda Ford
Leinam Wessell, Council Aide to Council Member Ford
Dave Hirt, Council Aide to Council Member Hoffmann
Council Committee - Hilo Office (J. Aiello)
Members of the Council Committee
Hualalai Partners of Kona, LLC
4840 -0846- 1833.1
3/14/11
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EXHIBIT A