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HomeMy WebLinkAboutCOM 1790.000 1984-1988 j M ••• •YY Oi . coq.•✓...., . -..J PLANNING COMMISSION �r$ 25 AUPUNI STREET • HILO, HAWAII 96720 COUNTY OF HAWAII September 20 , 1988 Honorable Stephen K. Yamashiro, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Yamashiro and Members: Rezoning Request - R. Ruskin Fisher Tax Map Key 7-5-04 :Portion of 35 The Planning Commission, after a duly held public hearing on August 30, 1988 voted to recommend for your approval the proposed legislative bill to change the district classification for 3. 725 acres of land from a Multiple Residential - 2 ,000 square foot (RM-2) to a Multiple Residential - 1, 000 square foot (RM-1) zoned district at Honuaula and Hienaloli, North Kona, Hawaii. The Commission concurs with the following Planning Director' s reasons for initiating the change of zone: The Land Use Pattern Allocation Guide Map (LUPAG) component of the General Plan is a representation of the document' s goals, policies, standards , and courses of actions. It is also a graphic depiction of the physical relationships among the various land uses. The LUPAG map establishes the basic land use pattern for areas within the County. The LUPAG map designates the property for Medium Density Urban Development. Such a designation may allow commercial uses. An evaluative corollary to the LUPAG map is the policy analysis approach. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan / / 90 Comm. No. File No., zN4PCN Ref. To: Ref. Date, EP 2 0 Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 2 and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area for Medium Density Urban Development. Such a designation may allow Multiple Family Residential uses. For the Kailua Village Special District area, the LUPAG Map provides for the concentration of urban activities with development occurring in an orderly manner commensurate with the provision of the necessary infrastructure. The General Plan LUPAG map has designated the High Density and Medium Density core to extend from Palani Road south to Lunapule road and from Kuakini highway up to the Queen Kaahumanu Highway. The property is already zoned for multiple family residential purposes and is within this established core area and as such is in close proximity to Kailua Village and other residential and commercial retail activities in the area. It is therefore determined that the additional density request is consistent with the urban form depicted on the LUPAG Map as the area is already a part of the established residential/commercial core for the village of Kailua. In order to accommodate the demand for additional multiple family residential land, increasing zoning densities and other lands must be considered. However, such increases or locations should occur in conformance with the General Plan Land Use pattern as discussed previously. Since this property is within the area earmarked for medium density urban uses, it is determined the request will help to provide necessary multiple family residential needs of Kailua Village in a concentrated manner consistent with the goals, policies and land use pattern expressed in the General Plan. The request would be consistent with the urban form depicted for Kailua Village in that it would add residential uses serving the entire village in a central location and in close proximity to other similar services. Thus, the approval of the request is anticipated to strengthen the existing residential/commercial core in addition to providing these type of services to the community. In this regard the approval of the subject request would be consistent with the General Plan Multiple Family Residential sub-element Policy which states that "Appropriately zoned lands shall be allocated as the demand for multiple residential dwellings increases. These areas shall be Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 3 allocated with respect to places of employment, shopping facilities , educational, recreational and cultural facilities, and public facilities and utilities. " The Kona Regional Plan and the Kailua Village Design Plan is intended to provide short and middle range implementation strategies for the goals, policies , and land use pattern presented in the General Plan. The land use maps for these documents suggests that the area be designated for General Commercial and Residential uses respectively, it also recognizes basic problems associated with the existing residential development. One is the potential growth of the West Hawaii district with the major resort developments in the South Kohala and North Kona districts and the residential needs to be created by this growth. The necessity of providing areas which will support these needs have to be addressed. In anticipation of this, the General Plan recognized that it was necessary to designate specific areas in which this anticipated development would occur. The proposed change of zone would be implementing the General Plan with respect to this premise. Therefore, we have determined that the properties are within this designated residential/commercial core of Kailua Village. The Kona Regional Plan adopted by the Planning Commission in 1984 and the Kailua Village Design Plan adopted by the Council in 1976 both recommend the area be developed for general commercial and residential uses. It is felt that the area in question is compatible to be used for the uses and increase in density within the Medium Density category. The inclusion of this area with the requested residential zoning would be compatible with its surrounding residential development. Therefore, the requested change of zone would still complement the goals and policies of the General Plan and the both plans as it will tend to concentrate residential developments as well as be compatible with existing residential developments in the Kailua Village area. Since the proposed development will be contained on the subject property, as represented by the applicant, the public welfare will be maintained. Previous conceptual plans affected Parcel 2 also known as the Thurston House ruins site; however, concerns over the impacts to historic sites, its relationship to a 1969 court order and permitted uses will be mitigated by the recommended condition and the applicant' s current representation. The subject area is adequately served with essential services such as water, other utilities, and transportation Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 4 systems. The area is provided with all of these essential utilities. A condition of the change of zone will be for the petitioner to provide all of the off-site roadway improvements in accordance with the requirements of the Department of Public Works. Thus, with the provision of these essential infrastructure, it is determined that the request also complements this policy of the General Plan. Based on the above reasons, it is determined the granting of this request would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-89, the Kailua Urban Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, C� CL ti -a V - C--- - Thomas A. Krieger Chairman, Planning Commission Enclosures .\`t ( , 1 xc : R. Ruskin Fisher Department of Public Works Department of Water Supply Plannin Office - Kona i bLNW / i) ' r APPROVi i \ ii fYIDANTE K. CARPENTER, MAYOR v 4F -' COUNTY OF ilAWAII ' :_STATE OF HAWAII • Bill No. 639 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP) , ARTICLE 3, CHAPTER 25 ( ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-2) TO MULTIPLE FAMILY RESIDENTIAL (RM-1) AT HONUAULA AND HIENALOLI 1ST, NORTH KONA, HAWAII , COVERED BY TAX MAP KEY 7-5-04 :35 (PORTION) . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1. Section 25-89, Article 3, Chapter 25 ( Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Honuaula and Hienaloli 1st, North Kona, Hawaii, shall be Multiple Family Residential (RM-1 ) : Beginning at a spike in concrete at the southwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" being 1,248. 77 feet South and 2,024 . 22 feet East, and thence running by azimuths measured clockwise from True South: 1 . 167° 45 ' 30" 133 . 81 feet along stonewall , along Lots 99 and 98 of the "Lono-Kona Subdivision, " to an old "H" on rock ; 2. 257° 30' 160.00 feet along stonewall, along Lots 89 and 88 of the "Lono-Kona Subdivision, " to a spike in concrete; 3. 259° 53 ' 30" 333.15 feet along stonewall , along Lots 88, 76, subdivision road, and Lot 75 of the "Lono-Kona Subdivision, " to an old "+" on rock ; 4. 347° 27' 430 .12 feet along stonewall, along Grant 3100 to S. W. Kuakamaunu at Honuaula, and Government land at Hienaloli 1, to an old "W" on rock; 5 . 64° 04 ' 122.19 feet along stonewall, along L.C. Aw. 7716 :5 to R. Keelikolani at Hienaloli 2, to a spike in concrete; 6 . 79° 54' 30" 113 .87 feet along Parcel 12, along remainder of "Laniakea" along remainder of R.P. 1600 and 1930, L.C. Aw. 387 to A. B. C. F. M. , to a pipe in concrete; 7. 175° 54' 30" 79.05 feet along the easterly face of stonewall, along Lot 2, along remainder of "Laniakea, " along remainder of R.P. 1600 and 1930, L.C. Aw. 387 to A. B. C. F. M. , to a pipe in concrete; 8 . 169° 26 ' 30" 52 .72 feet along the easterly face of stonewall, along Lot 2, along remainder of "Laniakea, " along remainder of R.P. 1600 and. 1930, L.C. Aw. 387 to A. B. C. F. M. , to a spike in concrete; 9. 80° 03 ' 115 .22 feet along the northerly face of stonewall, along Lot 2, along remainder of "Laniakea, " along remainder of R.P. 1600 and 1930, L.C. Aw. 387 to A. B. C. F. M. , to a pipe in concrete; 10. 166° 54 ' 167 .38 feet along the easterly face of stonewall, along Lot 2, along remainder of "Laniakea, " along remainder of R.P. 1600 and 1930, L.C. Aw. 387 to A. B. C. F. M. , to a pipe in concrete; 11 . 88° 25' 160 .61 feet along Lot 2, along remainder of "Laniakea, " along remainder of R.P. 1600 and 1930, L.C. Aw. 387 to A. B . C. F. M. , to the point of beginning and containing an area of 3 .725 Acres . -2- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. Section 1 of this ordinance shall take effect forthwith upon the following conditions : (A) the applicants, successors or assigns shall comply with all of the stated conditions of approval; (B) plans for the proposed multiple family residential development and related improvements , including landscaping, shall be submitted for Plan Approval review within one year from the effective date of the change of zone. The plans for final Plan Approval shall consider the General Plan Density Guideline Standards for Multiple Family Residential developments in the design of the proposed project. Additionally, the proposed multiple family residential development and all related improvements such as landscaping, parking and tennis courts shall be designed and constructed only on the subject property in conformance with all applicable requirements; (C) construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter ; (D) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (E ) all off-site roadway improvements shall be in accordance with the requirements of the Department of Public Works as stated in their memorandum of July 25, 1988. The plans for these improvements shall be submitted to the Planning Director and the Chief Engineer simultaneously with the submission of development plans for -3- final Plan Approval . These improvements shall be constructed in accordance with the standards of the Department of Public Works prior to issuance of the certificate of occupancy; (F) the owners, successors, or its assigns shall participate in any future Improvement District which partially or wholly propose to improve Kalani' and/or Alahou Streets. The deed covenant shall be submitted to the Planning Department for review and approval and recorded prior to the issuance of any certificate of occupancy; (G) prior to any site work , an archaeological reconnaissance survey shall be submitted to and approved by the Planning Department in consultation with the Department of Land and Natural Resources - Historic Sites Section and any mitigative measures shall be reviewed and approved by the Planning Department; (H) should any unidentified sites or remains , such as artifacts , shell , bone or charcoal deposits, human burials, rock or coral alignments, paving or walls be encountered, work in the area affected shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigating measures have been taken; ( I ) all applicable County and State rules, regulations and requirements, including those of the State Department of Health and Department of Public Works Wastewater Division, shall be complied with; (J) Should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of -4- 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; and (K ) 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 applicants, successors or assigns, and that are not the result of their fault or negligence; 2 ) granting of the time extension would not be contrary to the general plan or zoning code; 4 ) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; d) the time extension 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 may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -5- . . SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY : COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading : Date of 2nd Reading: Effective Date : -6- W RS-7.5 N,� UN P LANK C-''O (u) A-to S*S �q I CO-o.o �� U„.1-ANNEG (6J, 63.0 g '• ,� to 4tAtt**v viz thb r� t ` %-s.w- P h ,JO ," Alsk 701al 7i- JO,A010000 be■C*4tS‘Pr'‘, 0 ,, ®' . 4 t.tt-, -,9 1001,‘C\♦, ,, '' UNPLANNED (u) P ow■ ii /,r ,°11: . • MULTIPLE FAMILY Y-•75 %, Ir RESIDENTIAL (RM )t lVl . -\ T� Mt2LT11°1--_E FAMft Y �. R SID>=NT1f� MN - 10 �` r ARt=A = 8-725 AGftES v--75 s , •� // (`V-.75 -2- -P` • UNPLANNED (U) JI RD-3.75 ■ „ , O `� ^ 1 0 \∎/ ) .- V •75 U, � 1"' P ,S r.D-3.7s 00Wallik co • t � GV-7.5 7.5 0 Pti' ',' to 1�/' RS-JO .. __.-:---e_ _ ____\--- L v :mss v-1.'2 s �4 14)Iti i✓ A-Io N:---- • L - A-I Ai Oc ONEO 20 9c. DAY L A is e _ AMENDMENT TO THE ZONING CODE AMENDING SECTION .5-5 (KAILUA URBAN ZONE MAP) ARTICLE B, CHAPTER 'ZS (ZONING CODE) OF THE HAYVAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY 1 EStDEN'TIAL CRM-Z) TO MULTIPLE FAMILY RESIDENTIAL (MM-1) AT HONUAULA AND t-IIENALOLI IST, NORTH tcONA, HAYVA 11. PREPARED 13'( c PLANNING DEPARTMENT GouNTY o f HAWAf t TMK : 7-5-04 = 35 (Pc,RTIoN) 1°E8. 8, I89 N EXHIBIT "A” t Revised CHANGE OF ZONE APPLICATION 2160Q 8/22/88 PETITIONER: AINA LANI PARTNERSHIP (R87-35) : REQUEST: RM-2 to RM-1 R. Ruskin Fisher, President of Aina Lani Partnership, has submitted an application for a change of zone for 3 . 725 acres of land from a Multiple Residential - 2 , 000 square feet (RM-2) to a Multiple Residential - 1, 000 square feet (RM-1) zoned district. The property is located at the south end of Lamaokaola and Alahou streets in the Lono Kona Subdivision, Kailua Village , North Kona , Hawaii , TMK: 7-5-04 :portion of 35. PROPOSED DEVELOPMENT 1. The petitioner is requesting the change of zone for an affordable and moderate housing development of approximately 120 units . The proposed RM-1 zoning would allow a maximum allowable density of 165 units , (165, 440. 88 s. f ./1, 000 s. f.= 165 units) . 2 . The target price for a condominium is projected to be between $90, 000 and $135, 000 with rentals from $650 to $950 per month. 3 . The project plan provides for 10 buildings. Each building is 64 feet by 64 feet, 3 stories in height and containing 12 units. 4. All roads within the development will be private and maintained by a homeowners association. In addition, all common areas shall be maintained by the association. 5 . In support of the application, the petitioner has submitted the following : SEE ATTACHED REASONS FOR APPROVAL • Application for Rezone • • for TMK 3-7-5-4 -35 October 6 , 1987 R E A S O N S To construct affordable and moderate housing for the Kailua-Kona area , it is necessary to increase the density in order to compensate for the excessive and inflated building costs , infrastructure costs , utility permits and assessment costs . Land costs are also extremely high in this area . We would not be increasing the density greater than is already zoned for abutting residential lots . The subject property is within walking distance to Kailua Village business and shopping core , i . e . , medical and dental offices , restaurants , theatres , churches and all types of commercial shops . In fact , most types of services required by higher density residents are within walking distance . The topography of property slopes gently mauka-makai providing an ideal building situation for 3-story buildings with no elevators . These 3-story structures with ground floor parking garage would not exceed the 45 foot building height restriction . These buildings would not interfere or restrict views from adjacent properties . The building ground coverage is under 25 percent , which is certainly not excessive . The total area of the project is 3 . 825 acres or 166 , 600+ sq . ft . All roads would be private and maintained by a homeowners association , which will main- tain common areas also . The project plan provides for ten ( 10) buildings ( 12 units per building ) , 64 feet by 64 feet (4096 sq . ft . per building ) . This would provide for a total of 120 units . The construction material would be concrete and /or wood , The plan is to build in phases ; one building at a time as presales or rentals and market demands are dictated . We are quite positive , due to the urgent and critical need for moderate housing , that the project would be completed in two years . We are targeting price range of condo at $ 90 , 000 - $135 , 000 and rentals S650 to S950 per month . It would not be feasible to deliver good quality finished units in this range under current zoning . Page 3 of 4 f • _ • Application for Rezone for TMK 3-7-5-4-35 October 6 , 1987 (Cont . ) In our opinion , all of the above reasons outlined , together with the housing shortage in the Kailua-Kona area , certainly follows and meets the County policies outlined in the "Preliminary Draft " dated May 1986 of the "Hawaii County General Plan" as outlined in Chapter XIII titled "Land Use" , page XIII-37 thru XIII-41 (to Puna) . AINA LANI PARTNERSHIP ..;;;;L/LI- R . Ruskin Fisher Managing Partner RRF/gjf Page 4 of 4 s • 1 CHRONOLOGICAL HISTORY OF PREVIOUS ACTIONS : 6 . July 10, 1973 - Letter from Planning Director to Councilman John Farias concerning the Thurston House Site. Letter stated that "In our review of the rezoning of the subject property, we have examined Third Circuit Court records of Civil Action No. 1940. The purpose of the Civil Action was to allow a change in the use of the property. The result of the action allowed the subdivision of the property so that approximately 1. 6 acres could be set aside for historical purposes and to advance Christianity. We are of the opinion that the Court decision on the 1. 6 acre portion of the property has in effect designated said portion as a historic site with provision for protection of it. In view of the above, the recommendation for approval of the change of zone still stands . Consideration of the historical significance of the property has been taken into account by the Third Circuit Court and the applicants . We are enclosing copies of the Court decision and the Clerk' s minutes which should answer questions you may have. Please especially note the testimony of Mr . Thurston Twigg-Smith in the Clerk ' s minutes. " (See attached copies) 7 . August 23 , 1973 , Change of Zone Ordinance No. 601 adopted redesignatinq the subject property from an RD-3 . 75 to an RM-2 zone designation with the following conditions : 1. If no governmental assistance for the low and moderate price market is available , the project shall be developed in three (3) increments. The total number of units shall be divided into increments of 27 units, -2- S • • 24 units, and 24 units respectively. Zoning for the second increment shall become effective only after substantial development has occurred on the first increment. Zoning for the third increment shall become effective only after substantial development has occurred on the second increment. In both instances , substantial development is defined as construction commenced on a minimum of 25 per cent of the units within the previous increment; B. If governmental assistance for the low and moderate price market is available , the project may be developed as a single project with no increments involved; C . Whether governmental assistance is available or not, construction shall conform substantially to that as presented and construction shall commence within one ( 1) year of the date of approval of the change of zone ; D. The proposed development comply with the goals , policies , and standards for multiple residential developments as outlined in the General Plan document and comply with all other applicable regulations ; and E. The developer be responsible for providing and improving access off of Lamaokaola Street. Should any of the foregoing conditions not be met, rezoning to a more appropriate designation may be initiated. -3- 8. July 25, 1974 - Letter from Planning Director to Reverend Henry Boshard granting a one year time extension until August 1, 1975 to commence construction on the development. In addition a progress report within six months was requested to be submitted. 9. June 19, 1975 - Letter from Planning Director to Reverend Boshard stating that August 1, 1975 commencement date will be expiring and no plans submitted and no building permits secured to begin construction of the development. 10. July 14, 1975 - Letter from Planning Director to Ken Griffin stating appropriate action of subject development has been referred to Ken Griffin and notifying Mr. Griffin of the time conditions set forth in the Change of Zone ordinance. 11. July 22 , 1975 - Letter from Planning Director to Mr . David E. Milotta granting a one year time extension until August 1 , 1976 for compliance with the conditions of the change of zone ordinance and also requested a progress report within six months of the new extension. 12 . August 3, 1976 - Letter from Planning Director to David Milotta, notifying them that progress report not been submitted and construction commencement date has expired. Asked for status report of development. 13 . September 16, 1976 - Letter from Planning Director to Mr. Ken Griffin granting a one year time extension until September 16, 1977 to commence construction of the development and a progress report to be submitted within six months. This was the third time extension granted. -4- 14. March 14, 1977 - Letter from Planning Director to Mr . Ken Griffin, acknowledging receipt of progress report. 15. September 19, 1977 - Letter from Planning Director to Mr. Ken Griffin, granting a fourth time extension until September 16, 1978 with a request for the submittal of a progress report. 16. August 30 , 1978 - Letter from Planning Director to Reverend Henry Boshard, granting a one year time extension from the date of final subdivision approval to commence construction for the fifth time. 17. September 11, 1978, the Kailua Village Design Commission voted to forward a favorable recommendation on the Laniakea Subdivision plans to the Planning Department. 18. September 26 , 1978 - Letter from Planning Director to Reverend Boshard indicating that previous extension was issued in error and new one year time extension until August 30 , 1978 is granted for commencing construction. 19. April 20 , 1979 - Letter from Planning Department to Reverend Boshard granting a sixth time extension until August 30 , 1980 for commencement of construction. 20. April 20 , 1980 - The County Planning Commission approved Planned Development Permit no. 39 for Kona Development Associates. 21. August 8, 1980 - The construction timetable of Change of Zone ordinance no. 601 was to coincide with the requirements of Planned Development Permit no. 39. The new time construction date was then April 10 , 1982 . 22 . April 15, 1981 - The County Planning Commission granted a one year time extension until April 10 , 1982 . 23 . July 29, 1982 - The County Planning Commission approved a time extension request until April 11, 1983 . 24 . May 12 , 1983 - A third time extension was approved by the County Planning Commission until April 11, 1984 . 25. December 6, 1983 - Letter from Planning Director to Ruskin Fisher acknowledging the change in the developer' s title from Kona Development Associates to Aina-Lani Incorporated. 26. September 12 , 1984 - Letter from Planning Director to Ruskin Fisher , granting a six month time extension until March 11, 1985 for commencement of construction of the development. In addition, PDP No. 39 was also declared void. 27 . March 11, 1985 - Letter from Planning Director to Ruskin Fisher approving an absolute time extension until August 23 , 1986 for commencement of construction of the development. 28. April 18, 1986 - Request to delete condition no. C of Change of Zone Ordinance No. 601 received by Planning Department. 29. April 26 , 1985 - Letter from Department of Water Supply to Planning Department stating that water commitment for proposed 75-unit complex has expired. 30. October 21 , 1986 - Change of Zone Ordinance No. 86-122 adopted with an effective date of October 21, 1986 with the following changes in Change of Zone Ordinance No. 601 : 1. Condition no. C was amended to read "Construction of the proposed development shall commence within one year from the effective date of this amendment and be completed within two years thereafter . " -6- 2 . Condition no. E was amended to include and read "The Planning Director may administratively grant extensions to the foregoing time conditions. Further , 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. " 31. October 9, 1987 - New change of zone application received by Planning Department requesting change from RM-2 to RM-1. 5. 32 . November 2 , 1987 - The Kailua Village Design Commission voted to forward a denial recommendation on the subject application until the road structures can be examined and the traffic pattern is resolved. 33 . November 12 , 1987 - Letter from Ruskin Fisher , requesting a change in the zoning designation from an RM-2 to an RM-1 classification. COUNTY AND STATE PLANS 34 . The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the property for Medium Density Urban Development. Such a designation may allow multiple residential uses at a maximum density of 35 units per acre provided that applicable goals , policies and standards of the General Plan may be met. 35 . The State Land Use district classification is Urban. 36. The Kona Regional Plan designates this area for Residential (RES-10) uses. -7- 37. This property was rezoned from a Double Family Residential RD-3 . 75 to the current RM-2 zoned district by Change of Zone Ordinance No. 601 adopted on August 23, 1973 . 38. The subject property is situated within the Kailua Village Special District and the Kailua Village Design Plan land use plan designates this area for residential uses . 39. The property is not in the Special Management Area (SMA) . DESCRIPTION OF PROPERTY AND SURROUNDING AREA 40. The subject property is currently vacant of any structures. 41 . According to the U. S.D.A. , Soil Conservation Services Soil Survey Report, the property is of the Punaluu Series (rPYD) . 42 . The Flood Insurance Rate Map (FIRM) designates the property as Zone "C" (Area of minimal flooding) . 43 . Surrounding land uses include the Lono Kona Subdivision, vacant lands , scattered single family residential development and the Keopu Drainage channel to the south. UTILITIES AND SERVICES 44 . Water is available from the County water system. 45. Access to the property will be from Lamaokaola Street and down through Kalani Street to Kuakini Highway. Streets within the Lono Kona Subdivision have a 40 foot wide right-of-way with approximately 16 feet of pavement. 46 . All other essential utilities are available to the subject property. -8- AGENCIES/COMMENTS 47. KAILUA VILLAGE DESIGN COMMISSION At its meeting of November 2 , 1987, the Kailua Village Design Commission voted to forward a denial recommendation on the proposed change of zone because of the inadequacy of the existing road systems and the negative impact this development would have on these existing systems. 48. SOIL CONSERVATION SERVICE "According to the North Kona Flood Plain Management study the depression running mauka-makai in the northern third of the property is in the 100 year flood hazard area. During the storm of February 1982 , floodwaters from the Keopu Stream did flow through this area . Four buildings are proposed in this flood hazard area. " 49. PARKS AND RECREATION "The North Kona district is serviced by County Facilities totalling 34 acres. " 50. STATE DEPARTMENT OF HEALTH "Municipal drinking water and wastewater treatment systems or their equivalents are recommended as the most appropriate alternatives because of the magnitude of the proposed project. The projected concern is the maintenance of the water quality of the receiving waters. " 51. POLICE DEPARTMENT "Following review of the proposed change of zone from the police standpoint, we conclude that the development would have an adverse effect on traffic in the area. Of greatest -9- concern is the Kalani Street/Kuakini Street intersection which would be utilized as an entry/exit to the area. Congestion at that intersection is presently considerable. " 52 . DEPARTMENT OF WATER SUPPLY "Based on the prevailing water situation in the area, water can be made available from 6- inch waterlines along Alahou and Lamaokaola Streets. Pursuant to the Water Commitment Guidelines Policy, a copy of which is attached, a water commitment deposit must be remitted so that a formal water commitment may be issued. Based on the 120 units requested in the proposed multi-family residential development, the required water commitment deposit is $18, 000 . Your remittance of $18, 000 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words , unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Upon the issuance of a formal water commitment, we shall inform the Planning Department of our comments and and requirements for tentative subdivision approval . " 53 . DEPARTMENT OF PUBLIC WORKS MEMORANDUM DATED JULY 25, 1988 o DPW acknowledges receipt of Transpo ' s Traffic Impact Assessment for project; DPW will review for its adequacy/acceptability - current backlog is three weeks. -10- ° Developer ' s proposed off-site improvements: ( i) Existing pavement widths of both Kalani and Alahou Streets will serve as the primary access route to the project, are approximately 18 feet with little or no shoulders. ( ii) Both Kalani and Alahou Streets will be resurfaced and widened to minimum 20 feet width with a six (6) foot wide pedestrian walkway on one-side and a three (3 ) foot shoulder on the other. An A .C. berm or "fog-line" will be installed between the edge of pavement and pedestrian walkway. ( iii) Construction plans reflecting the above improvements will be prepared by a Hawaii licensed professional engineer and submitted to DPW for review and approval ; and these improvements will be constructed prior to occupancy of any of the units . ° Off-site improvement cost estimate will be prepared and submitted by Bob Bennett to DPW for review and concurrence. It will include consultant ' s cost to prepare construction plans . The major unit prices agreed to are: a.c. paving ($80-$100/ton) ; excavation ($10/c.y. ) ; 4" base course and 6" subbase (both $30/c.y. ) -11- ° Developer agrees to record with the Bureau of Conveyance deed covenant which mandates its owner ( s) , successors , or its assignees, to voluntarily participate in any future Improvement District, which partially or wholly, proposes to improve Kalani and/or Alahou Streets . Deed covenant draft shall be submitted to DPW for review and approval and recorded prior to building certificate of occupancy or earlier . ° All development generated runoff shall be disposed of on-site ; no runoff may be disposed into existing Keopu Channel. Pre-existing runoff may be directed to existing ditch near entrance to project site, with DPW' s prior consent. Standard drywell (Detail R-40) capacity: 6 cfs. 54 . NO ADVERSE COMMENTS/OBJECTIONS : DLNR, DOE 55. NO RESPONSE: STATE HIGHWAYS, OHCD, FIRE , KONA-KOHALA CHAMBER, R & D . -12- R. skin Fisher Aina-Lani Partnership P. 0. Box 4129 Kailua-Kona, HI. , 96745 *(808-322-3301) August 11, 1988 Mr. Albert Lono Lyman, Director Planning Department, County of Hawaii 25 Aupuni Street Hilo, HI. , 96720 Subject: Change of Zone (R87-35) TMK 7-5-04:35 Dear Mr. Lyman: We have worked out with Public Works engineers, Bruce McClure and Robert Yanabu an agreement to provide offsite road improvements as a condition of granting RM1 zoning for our subject property (copy enclosed) . These conditions should complete those listed in the original draft "Findings and recommendations" 2/4/88. We respectfully request to be on the Agenda of the Planning Commission Hearing, August, 1988. Sincerely, ge".°11.1 R. Ruskin Fisher Aina-Lani Partnership This letter hand delivered 8/12/88 R. Ruskin Fisher Aina-Lani Partnership P. 0. Box 4129 Kailua-Kona, HI. , 96745 *(808-322-3301) August 11, 1988 Mr. Hugh Y . 1e. Y. Ono, P.E. Chief Engineer, Department of Public Works Count': of Hawaii 25 Aupuni Street Hilo, HI. , 96720 ATTN: Mr. Robert Yanabu, Chief of Engineering Division Subject : Change of Zone (R87-35) TMK 7-5-04 :35 Under separate cover, Robert Bennett, Bennett P.S.&E. , Surveyors and Engineers has forwarded to you his acknowledgement of the agreement reached at a meeting held in Bruce McClures office on July 20, 1988 . A revised offsite construction estimate of the August 2, 1988 submission is attached hereto. The partnership and Roy Moore, builder/developer are in complete agree- ment with your memorandum of July 25, 1988. We will comply with the offsite improvements as agreed to at the July 20th meeting, and con- firmed by your memo of July 25, 1988. It should be noted that this improvement project is conditioned that our property is rezoned from R.212 to RM1. We will also comply with storm drainage solutions noted on page 2 of your memorandum. As to construction estimate it should be noted that final quantities per item are determined by Civil Engineer plans and specs as approved by DPW. The final cost per item will be determined by contractors bid per item as shown on engineers plans. Our legal counsel, Robert Smith, will prepare covenant deed as required. All of these items will be submitted to DPW prior to any construction. Page -2- August 11, 19:.8 We are looking forward to the finalization of the rezone application at the August Planning Commission Hearing. We have preliminary development plans ready for final completion upon rezone approval . Our financing is in jeopardy as it has been nearly a year in processing our application. Should there be any additional items you feel we should consider, please contact me so that I can expedite the solution beforethe Hearing. Yours truly, / / R. Ruskin Fisher , Mgr. Partner Aina-Lani Partnership OWNERS: Mr. & Mrs. Robert A. Bennett Mr. & Mrs. R. Ruskin Fisher xc: Albert Lono Lyman, Planning Director Robert Bennett Attachment This letter hand delivered 8/12/88 . ENCTNEERING ESTIMATE OF OF OFF-SITE ROAD IMPROVEMENTS August 11, 1988 TMK 7-5-04 :35 REVISED Construction estimate of Robert Bennett's correspondence of August 2 , 1988. 1. A. Preparation of engineering plans and specifications and quantities. $4500 B. Surveying for x-sections and topog details; and construction staking. $3500 2. Widening excavation including sidewalk and shoulder. $14,850 3. Backfill - base course as required by excavation including sidewalk. $6750 4. Asphalt overlay mat and 6' sidewalk. $48,610 $78,210 10% Incidentals 7,821 Total $86,031 ` y, DEP<aFTL EW T OF PUBLIC Vt`C ^1:5 COUNTY OF HAWAII HILO, HAWAII AMMAN/ DATE July 25, 1988 TO Distribution List FROM Robert Yanabu, Chief, Engineering Divisio I ,' SUBJECT: CHANGE OF ZONE (R87-35) TMK: 7-5-04:35 Applicant: R. Ruskin Fisher o DPW acknowledges receipt of Transpo' s Traffic Impact Assessment for project; DPW will review for its adequacy/acceptability - current backlog is three weeks. o Developer' s proposed off-site improvements : ( i) Existing pavement widths of both Kalani and Alahou Streets, which will serve as the primary access route to the project, are approximately 18 feet with little or no shoulders. • (ii) Both Kalani and Alahou Streets will be resurfaced and widened to minimum 20 feet width with a six (6) foot wide pedestrian walkway on one-side and a three (3) foot shoulder on the other. An A.C. berm or "fog-line" will be installed between the edge of pavement and pedestrian walkway. (iii ) Construction plans reflecting the above improvements will be prepared by a Hawaii licensed professional engineer and submitted to DPW for review and approval ; and these improvements will be constructed prior to occupa56i of any of the units. o Off-site improvement cost estimate will be prepared and submitted by Bob Bennett to DPW for review and concurrence. It will include consultant' s cost to prepare construction plans. The major unit prices agreed to are: a.c. paving ($80-$100/ton); excavation ($10/c.y. ); 4" base course and 6" subbase (both $30/c.y. ) o Developer agrees to record with the Bureau of Conveyance deed covenant which mandates its owner(s) , successors, or its assignees, to voluntarily participate in any future Improvement District, which partially or wholly, proposes to improve Kalani and/or Alahou Streets. Deed covenant draft whall be submitted to DPW for review and approval and recorded prior to building certificate of occupancy or earlier. . ° All development generated runoff shall be disposed of on-site; no runoff may be disposed into existing Keopu Channel. Pre-existing runoff may be directed to existing ditch near entrance to project site, with DPW' s prior consent. Standard drywell (Detail R-40) capacity: 6 cfs. Meeting participants: Messrs. Ruskin Fisher, Bob Bennett, Bob Yanabu, Bruce McClure (partially) Date/Time: July 20, 1988 at 1 p.m. References: R.F. (322-3301 ) Distribution List : Participants Planning Department Traffic Division August 25, 1988 Mr. Albert Lono Lyman, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 RE: Change of Zone (R87-35) TMK 3-7-5-4:35 Aina-Lani Partnership Dear Mr. Lyman: Aina-Lani Partnership has no intent or any agreement with Mokuaikaua Church to utilize the Thurston Historical site (TMK 3-7-5-4:2) . Our development plans of buildings, parking, amenities, drainage, etcetra, are all contained on our own (fee simple) 3.825 acres as referenced above. Sincerely, 4 ;e7' -uskin Fisher, Mgr. Aina-Lani Partnership P. 0. Box 4129 Kailua-Kona, Hawaii 96745 RRF/gjf (808) 322-3301 xc: Robert Bennett, Partner Rev. Henry K. Boshard of Mokuaikaua Church AINA-LANI PARTNERSHIP is/o R . Ruskin Fisher P .. O. Box 4129 Kai�lua�Kona , HI . , 96745 * ; (808) 322-3301 October 6 , 1987 Mr . Albert Lono Lyman , Director County of Hawaii Planning Department 25 Aupuni Street Hilo , Hawaii 96720 Dear Mr . Lyman : RE : TMK 3-7-05-03 : 35 Honuaulo and Hienaloli North Kona , Hawaii We are respectively requesting an extension to the con- ditions outlined in Ordinance No . 86122 and also amending or rezoning the property to RM1 . 5 , which is less than the existing zoning on abutting lots on West and North . The explanation and reasons are outlined on attached applica- tion for a change of zone . Sincerely , / / R . Ruskin Fisher Managing Partner RRF/gjf Page 1 of 4 APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPRATMENT • APPLICANT: R . RUSKIN FISHER APPLICANT 'S SIGNATURE: ADDRESS : P . 0 . BOX 4129 , Kailua-Kona , Hawaii 96745 TELEPHONE: (808 ) 322-3301 REQUEST FROM: RM2 TO: RM1.b TAX MAP KEY: 3-7-05-04 : 35 AREA OF PROPERTY: 3 . 825AC . (size of parcel) OWNER: AINA-LANI PARTNERSHIP OWNER' S SIGNATURE: Ruskin Fis er , Managing Partner APPLICANT ' S INTEREST , IF NOT OWNER: (If lessee, must be for at least another 5 years from date of application) APPLICANT 'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attach) 1. Please explain how the requested change of zone would be consistent with the goals, policies, and. courses of action ( if applicable) of the General Plan document. Also, please indicate specifically which goals , policies , and courses of action are involved. (Copies of the General Plan document are available at public libraries and at the Hawaii County Planning Department. ) 2 . Please state any other reasons for your request. THIS APPLICATION MUST BE ACCOMPANIED BY: (1) 16 copies of the completed application form. (2 ) 16 copies of a location map. (3 ) 16 copies of a site plan with existing and proposed uses (e.g. , structures, topography, proposed subdivision) . (4 ) 1 copy of appropriate questionnaire. (5) Any additional information. (6 ) $100 . 00 processing fee (7 ) One (1) copy of full.-size site plan drawn to scale. Site plan should include property lines , reference points (roadways, shoreline, etc. ) , and existing and proposed structures and uses. Site plan shall be 2 feet by 3 feet in size at a minimum. (8) Legal description of the property in map and written form by metes and bounds as certified by a surveyor . P.D. 4/87 _ 0435q • Page 2 of 4 • Application for Rezone for TMK 3-7-5-4-35 October 6 , 1987 R E A S O N S To construct affordable and moderate housing for the Kailua-Kona area , it is necessary to increase the density in order to compensate for the excessive and inflated building costs , infrastructure costs , utility permits and assessment costs . Land costs are also extremely high in this area . We would not be increasing the density greater than is already zoned for abutting residential lots . The subject property is within walking distance to Kailua Village business and shopping core , i . e . , medical and -dental offices , restaurants , theatres , churches and all types of commercial shops . In fact , most types of services required by higher density residents are within walking distance . The topography of property slopes gently mauka-makai providing an ideal building situation for 3-story buildings with no elevators . These 3-story structures with ground floor parking garage would not exceed the 45 foot building height restriction . These buildings would not interfere or restrict views from adjacent properties . The building ground coverage is under 25 percent , which is certainly not excessive . The total area of the project is 3 . 825 acres or 166 , 600+ sq . ft . All roads would be private and maintained by a homeowners association , which will main- tain common areas also . The project plan provides for ten (10) buildings (12 units per building) , 64 feet by 64 feet (4096 sq . ft . per building) . This would provide for a total of 120 units . The construction material would be concrete and/or wood , The plan is to build in phases ; one building at a time as presales or rentals and market demands are dictated . We are quite positive, due to the urgent and critical need for moderate housing , that the project would be completed in two years . We are targeting price range of condo at $90 , 000 - $135 , 000 and rentals $650 to $950 per month. It would not be feasible to deliver good quality finished units in this range under current zoning . Page 3 of 4 • Application for Rezone for TMK 3-7-5-4-35 October 6 , 1987 (Cont . ) In our opinion , all of the above reasons outlined , together with the housing shortage in the Kailua-Kona area , certainly follows and meets the County policies outlined in the "Preliminary Draft" dated May 1986 of the "Hawaii County General Plan" as outlined in Chapter XIII titled "Land Use" , page XIII-37 thru XIII-41 (to Puna) . . AINA LANI PARTNERSHIP / ti ‘/.2:(;;;:03;17.19' R . Ruskin Fisher Managing Partner RRF/gjf Page 4 of 4 •-.' • . t J.:, _______--------. 11 ! 0 ..•• r.+-.// •••'••��fir' e • tt !C ,' ar..� ... Of� 06 r / t•- �` � • -,_)•.•/' `v I • V , •. £,—J••••••••r• •tom. I t / , .f •'� 1 . 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N/ - • c ......, a t. 1 %al... k ti•..v•. �■,�• •.. ?) !7 T.w O••.'Y^•� y.'✓ '"• /7 _� -ryirf,.. i . ...#.... /- -/1,/t ;?� J . • \__-_-- -- ; ' r I"1/ NI n.�� -. ¢ �/ 0:, a V�' �./ `'r-'IIIJ�� �..t:` 'f.�' • F...✓. •34•.•'• . s \A 'lr / �f•``r•J.I� .✓ A 1'A.'►Cf. Sf/EET • ���,rrrw CC2.�t/7r�1 -• s• s��. ti =-� r �' rte' �t,B.IECT TU ('�/.i/ RUSIBO FISHER kO.U�f, LTD. �� \ -::-,,."::•...:.'....,7---• -••• "ILY ; P.O. BOX 4129 r : \ r� f \i'v Q�T\: �Lt{ t�s i 7 1514 - ItiAILUt1-KONA, HAWAII 9G�4 r1 -- V , /• September 21, 1988 C-1790 Thomas A. Krieger, Chairman PLANNING COMMISSION Bill 639 - Rezoning - R. Ruskin Fisher September 20, 1988 September 20, 1988 Committee on Planning • (A.-.11471. OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96720 Oct. 5, 1988 Refer: Bill 639/C-1790 To: Planning Commission Re: Rezoning Request - R. Ruskin Fisher Honuaula and Hienaloli, North Kona TMK: 7-5-04:Portion of 35 (3.725 acres) The following is the action of the Hawaii County Council adopted at its meeting held today Approve and adopt PC Report NQ.. 381. COUNTY CLERK Att. cc: Planning Dept. , , 1 79'0 OEM Mayor , Na. �. �,. �• OCT 1988 Date: • • • REPORT OF THE COMMITTEE ON PLANNING DATE: September 26, 1988 Re: Comm . 1790 PLACE: Councilroom TIME: 1: 30 p.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 639, regarding the rezoning request of R. Ruskin Fisher, Honuaula and Hienaloli , North Kona, Hawaii, TMK: 7-5-04:Portion of 35, reports as follows: Bill No . 639 amends Section 25-89, Article 3 , Chapter 25 of the Hawaii County Code , by changing the district classification of 3.725 acres of land from Multiple Family Residential (RM-2) to Multiple Family Residential (RM-1 ) . The subject property is located in the Lono Kona Subdivision in Kailua-Kona.. The applicant plans to build approximately 120 apartment units . The sale price of the condominium units will be between $90 ,000 and $135,000 and the rental rates will range from $650 to $950 per month. The condo units will be housed in 10 separate buildings . Each building will be three stories in height and contain 12 units . The General Plan designates the property for Medium Density Urban Development. The State Land Use district classification is Urban. surrounding- properties are zoned MU.ltiple Family Residential (RM-1 ) , Double Family Residential (RD-3'.T5)- and Unplanned. Water and all essential utilities are available to the proposed development. Your Committee on Planning is in accord with the intent and purpose of Bill No . 639 and recommends that it pass first reading . fl" I - _.DI INGO, AIRMAN. ir r�s a ,r 6,s S Pg CER K. • STTE VICE CHR. FRANK DE LUZ. III, ' EMBER A '�' - '� HAKU INS :", MEMBER .ERWOOD R. H. erEENWELL, M :+ BE •RRA �` i / (' m,' 'A .. \,/ SELL S. KOKUBUN MEMBER MERLE ' . LAI, MEM:'' LA/TN PC REPORT No 381 ADOPTED: