HomeMy WebLinkAboutCOM 0187.000 1998-2000 ~ ~ ~ William G. Davis
Managing Director
Stephen K. Yamashiro
Mayo. Henry Cho
~h,e',„ Deputy Managing Director
ft~~un#~r u~ ~ttfuttii
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 755706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 • Fax (808)326-5663
Februazy 17, 1999
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Deaz Chairman Arakaki and Members:
?Change of Zone Ordinance No. 91-21 (REZ 681)
Request: Amendment to Conditions of Ordinance No. 91-21 to Reflect
Reduced Density from 353 to 98 Lots
Applicant: SCD Kahakai, LLC
Tax Map Key: 7-5-20:1
Proposed Street Name to Rename the
Kokoiki-Mahukona-Kawaihae Highway
North and South Kohala
Proposed Street Names - Kaniohale Project
Village 3, Villages of La'i'opua
Tax Map Kew 7-4-21:9
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and
enclosures regarding the above-referenced requests.
Sincerely,
I
Stephen K. ashiro ~ g
Mayor Comm. No.
8i ll 5o Fite No. ZN G ~K N~
L02059901.MAY FJC
Enclosures Ref. To:
cc: Planning Department Ref. Date MAR 4 199?
YY Of
Stephen K Yamaahiro W„i°-Y.,
Mayor
~h•Q..N'YI!
~II1tIt~~ II~ ~tI~2iTt
PLANNING COMMISSION
25 Aupuni Seat, Room 109 • nib, H~wfii %720-4252
(808) %L8288 Fug (808) %1•%15
.~E9 1 7 1999
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 91-21 (REZ 681)
Request: Amendment to Conditions of Ordinance No. 91-21 to Reflect
Reduced Density from 353 to 98 Lots
Applicant: SCD Kahakai, LLC
Tax Map Key: 7-5-20:1
The Planning Commission, after a duly held public hearing on February 5, 1999, voted to
recommend for your approval the proposed legislative bill to amend conditions of Change of
Zone Ordinance No. 91 21 which reclassified 108.336 acres of land from Unplanned (U) to a
Single Family Residential (RS-7.5) zoned district. The proposed amendments to the applicable
conditions are to reflect the reduced density from a 353 to a 98-lot subdivision. The property
is located between Kuakini Highway and the proposed Ali'i Highway, north of Kahakai
Elementary School and Alii Kai Subdivision, Puapuaa 1st and 2nd, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The purpose of this request is to amend the performance requirements of
Ordinance No. 91 21 to reflect the reduced density from a 353 to a 98-lot residential
subdivision development. The previous developer had proposed to develop a 353-lot
residential subdivision.
The applicant, in its request, stated that "the new developer has replanned the
development and reduced the density from 353 to 98 lots. Generally, lots to the east or
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
mauka of the Kuakini Wall will comprise of one acre minimum lots and the lots to the
west or makai of the Kuakini Wall will be one-half acre minimum lots. The proposed
development provides for a gated community with its primary access on Kuakini
Highway with a secondary access to Papala Street to the south. Both accesses will be
gated and all interior roadways will remain private. There will be no access to the new
Alii Highway."
The request is also to amend certain conditions to allow the proposed project to
be developed in a manner that ensures the infrastructure impacts of the project are
addressed in a way that is fair to both the County and the applicant and landowner.
More specifically, the proposed amendments will bring the conditions relating to
incremental zoning requirements and the performance requirements in line with current
practices for similar projects.
For your favorable consideration, an amendment to Ordinance No. 91 21 is transmitted.
We are enclosing a copy of the request and a copy of the staff background for your
information.
Sincerely,
Leonard Tanaka, Chairman
Planning Commission
ISCDKa03.PC
Enclosures
cc: Eric T. Maehara, Esq.
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
BSCDKa01. enun/rhy-11 /23/98
COUNTY OF HAWAII PLANNING DEPARTMENT
BACK(:RO FPORT
SCD KAHAKAI, LLC
CHANGE OF ZONE ORDINANCE NO. 91-21 (REZ 681)
AMENDMENT TO CONDITIONS TO REFLECT REDUCED DENSITY
FROM 353 TO 98 LOTS
SPECIAL MANAGEMENT AREA USE PERMIT NO. 304
AMENDMENT TO CONDITIONS TO ALLOW FOR THE DEVELOPMENT OF
A 98-LOT F ID NTI i DIVI ION
SCD KAHAKAI, LLC has submitted a request to amend conditions of Change of
Zone Ordinance No. 91- 21, which reclassified approximately 108.336 acres of land from
Unplanned (U) to Single Family Residential (RS-7.5) zoned district, and Special Management
Area Use Permit No. 304, which allowed the development of a 353-lot residential subdivision
and related improvements. The proposed amendments to the applicable conditions are to
reflect the reduced density from a 353 to a 98-lot subdivision. The property is located
between Kualcini Highway and the proposed Ali'i Highway, north of Kahakai Elementary
School and Alii Kai Subdivision, Puapuaa 1st and 2nd, North Kona, Hawaii, TMK: 7-5-20:1.
A INFO MATION
1. Land Ownership: SCD Kahakai, LLC is the owner of the subject property.
Previously owner/developer was Kahakai Associates.
BACKGROUND INFO MATION
2. November 8, 1990: The Planning Commission voted to forward a favorable
recommendation to the County Council for the Change of Zone for approximately
108.336 acres of land from Unplanned (U) to Single Family Residential (RS-7.5) zoned
district and approved Special Management Area Use Permit No. 304 to allow the
development of a 353-lot residential subdivision and related improvements.
(See Exhibit A - SMA Use Permit No. 304)
3. March 15, 1991: Effective date of Ordinance No. 91 21, which allowed the Change of
Zone for 108.336 acres of land from Unplanned (U) to Single Family Residential
(RS-7.5) zoned district. (See Exhibit B -Ordinance No. 91 21)
Comm. no.~~~~~,
PROPO .D D OP .NT
4. Request: The applicant proposes to amend the Change of Zone Ordinance No. 91 21
and SMA Use Permit No. 304 to allow a lower density residential development on
108.336 acres of land from a 353-lot residential subdivision to a 98-lot subdivision.
5. Objectives: "On July 29, 1998, SCD Kahakai, LLC, purchased the property which is
the subject of the Ordinance. At the time of the effective date of the Ordinance, the
proposed development of the property called for 353 lots. At this time, the new
developer has replanned the development of the property and reduced the density from
353 to 98 lots. Generally, the lots to the east or mauka of the Kuakini Wall will
comprise of one acre minimum lots and the lots to the west or makai of the Kuakini
Wall will beone-half acre minimum lots. The proposed development provides for a
private gated community with its primary access on Kuakini Highway with a secondary
access to Papala Street to the south. Both accesses will be gated and all interior
roadways will remain private. There will be no access to the new Alii Highway."
6. Supportive Information: The applicant has submitted the following in support of the
request: (See Exhibit C -September 4, 1998 and September 30, 1998 Letters)
STATE AND COUNTY P AN4
7. SLUC: Urban.
8. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land
and Air Quality, Water, Facility Systems for Solid and Liquid Wastes, Transportation,
Socio-Cultural Advancement (Housing) objectives and policies.
9. General Plan Consistency: Economic, Housing, Environmental Quality, Land Use
and Residential elements' goals, policies and courses of action for North Kona.
10. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The Hawaii
County General Plan LUPAG Map designates the project site as Urban Expansion
Area. This designation allows for a mix of high density, medium density, low density,
industrial and/or open designations in areas where new settlements may be desirable,
but where the specific settlement pattern and mix of uses have not yet been determined.
-2-
11. Kona Regional Plan: The Kona Regional Plan recommends residential units at a
density of six units per acre.
12. County Zoning: The property is currently zoned Single Family Residential (RS-7.5).
13. SMA: The property is situated within the Special Management Area. As previously
mentioned, SMA Use Permit No. 304 was approved by the Planning Commission for
the development of a 353-lot residential project and related improvements on the
property with the certain conditions.
D . C TPTION OF TR.TFC'T PROP .RTY 4TTRRnTTNT)TNf: ARFA
14. Property: The property is presently undeveloped and vacant of any structures. The
western (makai) two-thirds of the property has slopes of 5 to 12 percent, and the
eastern (mauka) of the parcel has slopes ranging from 10 to 15 percent. The elevation
is 40 feet above mean sea level at the proposed Alii Highway to 400 feet above mean
sea level at Kuakini Highway.
15. U.S.D.A. Soil Type: The soils within the project azea are classified by the U.S.
Department of Agriculture, Soil Conservation Service, as Punaluu extremely rocky
peat and Waiaha soil series. Punaluu extremely rocky peat (rPYD with 6 - 20 °!o slope)
consists of well-drained thin organic soils over pahoehoe lava bedrock. These soils are
gently sloping to moderately steep. The natural vegetation consists of koa haole,
Christmas berry, guineagrass, natal, redtop, and sand bur. The surface layer is very
dark brown extremely stony silt loam about 4 inches thick. The subsoil is dark-brown
very stony silt loam about 14 inches thick. The substratum is black peat about 4 inches
thick. It is underlain by pahoehoe. The peat is rapidly permeable. The pahoehoe lava
is very slowly permeable although water moves rapidly through the cracks. Runoff is
slow and the erosion hazazd is slight. This soil is used for pasture.
The Waiaha series consists of shallow, well drained silt loans that formed in
volcanic ash. Waiaha extremely stony silt loam (WHC with 6 - 12 % slope) soils aze
nearly level to moderately step and most areas are extremely stony. They receive from
20 - 24 inches of rainfall annually. In a representative profile the surface layer is very
dark brown extremely stony silt loans about 14 inches thick. The substratum is
-3-
pahoehoe lava bedrock. The surface layer is slightly acid. The subsoil is neutral to
mildly alkaline. In places the surface layer is nonstony. The natural vegetation
consists of kiawe, koa haole, natal red top, Lantana, guineagrass, and bermudagrass.
The surface layer which aze characterized as well drained, thin, organic soils over Aa
lava. This soil type is chazacterized by rapidly permeability, slow runoff and a slight
erosion hazard. This soil type is typically used for pasture.
16. Land Study Bureau's Detailed Land Classification System: Soils within the subject
property are classified as "E" (Very Poor) for agricultural productivity.
17. ALISH: The property is unclassified on the State Department of Agriculture's
Agricultural Lands of Importance to the State of Hawaii (ALISH) Map.
18. Flora/Fauna Resources: A botanical survey was conducted in July 1984. Vegetation
consisted of kiawe, koa-haole, Lantana and vazious grasses. No rare or endangered
species of flora were identified. Fauna of the area consisted of rats, mice, mongoose
and stray cats. Birds included the mynah, dove, sparrow and cazdinal. No rare or
endangered species are known to inhabit the site.
19. Archaeological Resources: In 1985, an archaeological survey was conducted on the
subject property by Paul H. Rosendahl Inc. In 1992, the Department of Land and
Natural Resources Historic Preservation Division approved the archaeological data
recovery plan conditioned upon several research topics. The burial treatment also
approved for the 19 burials in the project area. The proposed buffer zones for the two
sites (Kuakini Wall and the preservation azea) and a maintenance plan for the sites
remain to be completed.
20. FIRM: The subject property is located outside the 500-yeaz flood plain (Zone X).
21. Recreational/Visual Resources: The property does not abut the shoreline and is
located mauka of Alii Drive. Therefore, the proposed development will not adversely
impact any recreational or visual resources to the shoreline and coastal ecosystems.
22. Traffic: The overall conceptual roadway circulation plan has been approved and a
detailed traffic impact report has been conducted and approved by the Department of
-4-
Public Works.
23. Surrounding Zoning/Land Uses: The property is situated adjacent to vacant
properties zoned RM-7 and RM-2. Lands to the east (mauka of Kuakini Highway) are
zoned A-la. Lands to the south are within the Alii Kai and Kuakini Makai Phase II
Subdivisions. The subdivisions are zoned RS-7.5 and RS-10 and include single family
residential uses. The southwest comer of the property is adjacent to Kahakai
Elementary School and zoned A-Sa.
P I FA ITIE AND TTTi ITI
24. Access: Access to the property will be via a subdivision roadway from the Kuakini
Highway. The proposed Alii Highway will traverse along the makai boundary of the
project site.
25. Water: Water can be made available to the property. A water agreement was
approved by the Department of Water Supply on July 19, 1991.
26. Wastewater: The County's new sewer lines is presently under construction in the
area. Wastewater disposal system will meet with requirements of the Department of
Health and/or the Department of Public Works.
27. Police/Fire/Medical: Police services aze provided by the County of Hawaii from its
Kealakehe and Kailua-Kona stations. Fire protection is provided by the County of
Hawaii from its Kailua-Kona, Kealakehe, Keauhou and Captain Cook stations.
Emergency medical and paramedical services are also provided by the Hawaii County
Fire Department. Kona Hospital is located at Kealakekua.
28. Electrical/Telephone: Electrical service is available to the property from Hawaii
Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel.
29. Other essential utilities and services are or will be made available to the subject
property.
A EN I - ' O NT4
30. Police Department (October 26, 1998 Memo):
"We have reviewed the above-referenced application and do not believe the request to
reduce the density of the development will negatively impact police services in the
-5-
area."
31. Department of Transportation (November 5, 1998 Letter):
`Thank you for requesting our review of the proposed amendments to the subject Zone
Ordinance and SMA Permit for the reconfigured residential development.
"The proposed amendment requests aze not anticipated to have a significant impact on
our State highway facilities."
32. Office of Housing and Community Development (October 21, 1998 Memo):
"This is in response to your request of October 14, 1998, regazding the subject request.
"The office of Housing and Community Development (OHCD) has no objections to the
proposed amendment "f0) compjy with the requirement of hanter 11 Article 1
Hawaii County Code relating to Affordable Housine• (Ml"
"Thank you for the opportunity to comment."
33. Department of Land and Natural Resources -Land Division (November 18, 1998
Letter):
"We have reviewed the subject request and have no comments to offer regazding the
subject application.
"Thank you for the opportunity to review this application. "
34. Department of Public Works: (See Exhibit D -November 23, 1998 Memo)
35. Fire Department: (See Exhibit E -October 23, 1998 Memo)
36. Department of Education: (See Exhibit F -November 6, 1998 Letter)
AGENCIES - NO F PON
37. Department'of Water Supply, Civil Defense, Parks and Recreation, Department of
Finance-Real Property Tax, Department of Land and Natural Resources -Historic
Preservation Division and Land Management Division, Department of Health, and
HELCO
P TR .I O .NT
38. Martin M. Ohan -Petition for Standing in Contested Case Hearing with $100
filing fee, received on November 23, 1998 (See Exhibit G)
-6-
cfll:i, ~ ~ ~ ~ c c Tt c n
(1Gt 1~ 'U.Gicd ~ 5ee, Ca2t , (b ~ ~
Planning Commission s. Tanim~co
Manor
E ~
'•,~4.,,.• : ~ 25 Avpmi Street. Rm. 109 • Hilo, Hawaii 96720 • (808) 961-8288
, si'•
CERTIFIED MAIL
November 19, 1990
Mr. Gary Okamoto
Wilson Okamoto b Associates
P.O. Box 3530
Honolulu, HI 96811
Dear Plr. Okamoto:
Change of Zone and
Special Management Area Use Permit Applications
Rahakai Associates
Tax Map Rey 7-5-20:1
The Planning Commission at its duly held public hearing on
November 8, 1990, reviewed and acted on the above applications foz a
change of zone and special management area use permit for property
located at Puapuaa 2nd, North Rona, Hawaii.'
On the change of zone request to rezone 108.3+ acres of land
from the Unplanned (U) to a Single Family Residential - 7,500 scuare
foot (RS-17.5) zoned distzict, the Commission voted to recommend
approval of the application to the County Council, based on the
following findings:
The requested zone change conforms to the General Plan Land
Use Pattern Allocar_ion Guide (LUPAG) Map which designates the
area for Orban Expansion. Such a designation may allow
single-family residential uses as proposed, provided applicable
goals, policies and standards of the General Plan can be met.
The LUPAG Map component of the General Plan is a
representation of the document's goals, policies, standards and
courses of action. An evaluative corollary of 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 a comprehensive policy analysis approach tk:at
evaluations and decisions can be made to better time or sr_aa_e
developments to achieve quality growth. The implication of
EXHIBIT
.A ,
~ -
Mr . Gary OY.a~cto
Novemoer 1~,_S°0
Page 1D
irit'_~_e _*=_zcnina the arEa to its o:_gi.-,al or m^:z
aF^rcp:iaLe d3lCnatiOn.
Tt12 CD.-r.11 ss_Dn alSC VO' t0 cD!OrOV° y0'~r .c.:`:~ US2 PE r1':L
applicat~cn, Sxc~al ::=:1aec..,er.t Ar_a Use P=.rmit No. 3D4, to ._lo•~
the develoa~E:t o: a 3c.-1cL resi_2atial SGbCiCic'_]n, end :E_cLed
improvements or, the _~ject p:cp=:.y.
Apprcva: o' the ~?iE Use 're:miL :ecue_L is based o^ taE '_D__cwing:
Zn 2d CiT_i0.^. LO taE =_.^.C1:.7S Cf t^? C 3naE O: ZC^°, LhE
DireeLC: c°ncl;:das ~haL r_h2 ~_.~clal .::::ice:-at (.:r:A) us=
Pe:r..s.L L:+ th2 oecelo}:mer.t of z s53-~ot res de: Lla:
SllbdiV 151Dn an:, rCl2t°-C 1:.a~:OV°':=nLS 1S c.1S0 warren Lc:: baSCC O'
the fo_1o1::.r.q additic^al findings:
'.!:e ?u:rose o` C:lapter 2C5-A, Hawaii Revised Statstss, anc
Rule No. 9 of the ?lsnriag Cor.~ission is to pr es=_rve, protect,
dnd, where pGsSi:]le, tC T_eStO:E trig n3tUra= L2£~I1:C25 O_ the
coastal 20:12 2LC-ns. AS a resLlt, SA2Cia1 COnt: 0:5 On
deV210pm2nt t.'1Lhia th2 Brea d10nO SL;Or81iP.2 a:E :,_=E2_n_*V t0
aVO1G DE::.lall'_'nt '-GSE Of VeluaJle r°_£Utl: CE's and the fOr6C~C C_B
of manaee::ienL cr..ic~s.
OnE of the criteria for epprozirg a devEloa~2nc wit'r.ir. Lae
Special :4ana?=^~e:r_ Area (S::n) a that the c=-relc_;.i2r.L is
consistent ~•'.-h -ne General Plan, YDninc and Su.~.c.visio:: CDr.Lro,
COd2, Ln.7 CtL=: 2_D1JCSblE Or:an3.^.CC'£. 3S prese;:;.ed ~e_li=_:,
the r2C::eSt CO°_° CO7::O T. LO LLE CEne:El ~icn i.Ui?~.~ i.3:_r wa:C7;
desianeLes -_he Su!'jBCt c:ee fC: 0:~3T1 ..':~cLaiO:,, 8IIC LO
applicabiE gD 1S, '~U 11C1°S, SL?:'Id2L,1E dLd C01:3eS C~ C. _O.^..
^_he r_-orDSed dev~ic?ment is zlso aoL eZtic~patec Lo h2~~e
any SllbCtL' -i31 ad~~_rse er.;~i:cnm=_nta_ D: ecc:Dgic_1 e°==__c_s.
The groper L': i_° n.^.L ~:nCl:n LC COntc_n :.:1~' ::i:10i1^ cal ~].Cc:
SySLe-:., nCr pCOV1'S2 :,a~:it:.ts ~C: cay U:]Oc:._erC'G %1.:1. C: ...,.1-.la_
speci_s.
hh1.12 _°E7E:?~ G)"C~220.'_O^y: Cal =L`ry~`.•S c_I~C__..'% _-L_C1 ..J
have been co:,.:eLed, as ~ concit_D.-, o` -_a:.o;'al, ~n ~_n'__,s:'•_
survey a,d 5u~ ia: :__ea~_1,rent p_ea ~•ia bE : _cui: ec. _ _ _ _r.se
to D:.;:R's cc::-.:la, _::e p.:cl_..'ner.~ co:,o::ot'~=- t_:,d_~,:._lo:: - _n
has bier. rcai=ad tc shD~: oriy one _-cacc is Lhc G_c_t Dr
[\Ua~=n-. aiVc.^.LCrV Sll: `i°y :;a5 1C~~a 1="'_C'O 4°l'C'~~al _'C:.____~lL
S1L25 Fa: r~?.. 1:?C LOr p: EE 2: vat: on. _..__e 1~C_.Lr1E ~..:..}L_71e
Mr. Gary ~ica-~t;,
November 1590
?aaE 11
burials ac=acEa zad to the north of icahakai School affecting
the p:^nose~ school e~:pan5ion site zrd a heiau to the
north_as.. Detziled measures for 'the preservztion znd
L2c0__*dct10'? C= crCr°-eOlOQ1Ca1 Sltes a5 Well Bs fOr DreSErVatlOn
and/or rEi~tEr~ent Of bUrialS W111 4150 bE LeQUlred.
"ae prorosed d_velcpment is not ea:pected to have any
Slg:,l=iCa:= aCVeLSE e_'feCLS On th°_ CGaStal rES01__*Ces, nOL
acvers of°ECt an" eXlstinC dCCesS t0 and :ong LfiE
shorel_.. '"h=_ property is situated mauxz c= Ali`_ Drive and
1, OOG fret at _s nezre5t point irom the shy el_nE. :+r.5-
potentizl =:a erse ejects o^ the of'-<_h~re Miter ~uzlity wil' -
mitig3Led t.rcuch compliancy with ezi~~_ing regulat_ons,
ineiucire _-Lerim sewege dic ,~osal a: c 1,andator1 se•:;aae hookup
when L'ne m~~ :icipal e.~stem is aVnllaLlE.
~1V c'P. the 3bOVe ~OISS ideratiOnS~ 3L DrOVnl Of the pLOpOSed
DrO~ECt K_11 aOt ieSlllt in t[IP lne g~ of paliiablp n;,i ,lral ~
cultural, or recreational resources of t_he shoreline and coastal
ar=_a.
t:o ••~ree i-~ac_s on air and water ouaiitp are a::DeCCCC Lo
be aer_erz:.zd by t: ~ proposed develcpa,ent. The nature o: t}
proposed developmc .t is such that no unusua`_ air a^i5=ions are
likely to b= prod:=ec. Air emissions generated durinc t::e
cor.~truction phis=_ can b_ mitigzted by Existing regulations.
Sasad on the abcve, it is deter^~ined that the prcrosed
development will not have any substantial adverse impacts on the
sur_•o_nhir.g ar=_z nor will its approval be ccntrary to
ob-~ectives ant policies of Chanter 205-k or with to intent of
Rule Nc. 5.
App_oval of Lhis SI•;A Use Permit request is subiect tc the
following conciL:cns:
1. i~ perr:it shall have zn effective date sim_lteneoua with
tye effectivE bate of the a~cospzr.yinc chance of ~cze
rcc;.e5t.
2. ''-CC_ES(ES/ Sh21'_ meet wltn the 3pprOVcl Of the D2Lart'9nt
?utl,c Sicr}a. No lots shall bare c_rect access .ror.:
F.L'3x1^1 ?iohway. Kuakini Hig:.hay-Kahzkai access road
intersect:cn 5hzll be improved r•ith a channel_zed
inter==coon which :^eet~ ~:itn the recurES.=_nts o~ t::.
Mr. Gary Okamoto
November 19, 1990
Page 12
Department of Public Works. These improvements shall be
provided prior to final subdivision approval of the first
increment or as otherwise provided by Chapter 23
(Subdivision Control). A channelized intersection at the
Alii Highway-main access road intersection shall be
constructed.
3. The main access road and interior subdivision roads shall
be provided with curbs, gutters and sidewalk improvements
and underground utilities. Interior north-south roadways
shall extend to the boundaries to provide connection with
existing and future roadways to adjacent properties.
Roadway access to Kahakai Elementary School shall be
constructed prior to occupancy of the first increment
affecting lands adjacent and to the north of Rahakai
School. This roadway connection shall meet with the
approval of the Department of Public Works and the
Department of Education.
4. The Alii Highway right-of-way and associated easements
within the property shall be dedicated to the County within
six months of the date of final right-of-way determination
by the Department of Public Works. That section of the
Alii Highway within the property shall be constructer in
accordance with the requirements of the Department of
Public Works prior to issuance of final subdivision
approval of the second zoning increment or upon a
determination by the County that the roadway be
constructed, whichever occurs first.
5. Should an Improvement District be implemented for the
construction of the proposed Alii Highway, the applicant,
successors or assigns shall automatically be a participant
in the Improvement District, provided, however, that the
contribution of land and the construction of improvements
can be credited towards the applicant's Improvement
District assessment.
6. An intensive archaeological survey, data recovery and
mitigation/interpretation plan shall be submitr_ed Eor
review and approval by the Planning Department, in
consultation with the Department of Land and Natural
Resources, prior to submitting preliminary subdivision
plans of the first increment or prior to any land
preparation activity, whichever occurs first. M1;iticatior.
Mr. Gary Okamoto
November 19, 1990
Page 13
shall include, but not be limited to, the preservation of
Ruakini Wall with approved buffers in the form of written
easements and the formulation of historic preservation
area(s). Easements and preservation areas shall be
delineated on maps submitted for subdivision approval.
Restrictive covenants appro•?ed by the Planning Department,
in consultation with the Department of Land and Natural
Resources-Historic Sites Section, shall provide for
continued preservation and maintenance of the sites to be
preserved. The proposed subdivision shall breach Ruakini
Wall at only one point approved by the Planning Department
in consultation with the Department of Land and natural
Resources.
7. A burial treatment plan and detailed mitigation measures
shall be approved by the Department of Land and Natural
Resources prior to submitting preliminary subdivision plans
for the first increment or prior to any land preparation
activity, whichever occurs first.
8. Should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, pavings or walks be encountered, work in
the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Department when it fi.-,ds that sufficient mitigative
measures have been taken.
9. Sewer collection and system transmission lines shall be
constructed to the Alii Drive interceptor meeting with the
approval of the Department of Public Works. In the event
that any portion of the development is completed prior to
completion of the municipal interceptor serving the
development, the applicant shall also construct. an ir.r.erim
sewage treatment system, which location and design meets
with the approval of the Departments of Public Works,
Health, Planning, and Education.
10. The applicant shall set aside a minimum of 4+ acres of land
for active recreational park use to service the projected
population of the development. The location of the park
site with minimum grassing and grading shall meet with the
approval of the Departments of Parks and Recreation and
Planning. Further, the park site shall be dedicated to the
Mr. Gary Okamoto
November 19, 1990
Page 14
County within one year after the date of receipt of final
subdivision approval of the fizst increment.
11. Comply with all laws, rules, regulations and requirements,
including the change of zone ordinance.
12. An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
approval of the permit. The report shall include, but not
be limited to, the status of the development and to what
extent the conditions of approval are being complied with.
This condition shall remain in effect until all of the
conditions of approval have been complied and the Planning
Director acknowledges that further reports are not required.
13. An extension of time foz the performance of conditions
within the permit may be granted by the Planning Director
the foll~wina circumstances: a) the non-performance
_r
is the result of conditions that could not have been
foreseen or are beyond the control of the applicant,
successors, or assigns, and that are not the result of
their fault or negligence; b) granting of the time
extension would not be contrary to the general plan oz
zoning code; c) granting of the time extension would not be
contrary to the original reasons for the granting of the
permit; and d) the time extension granted shall be for a
period not to exceed the period originally granted for
performance (i.e., a condition to be performed within one
year may be extended for up to one additional year).
Furthez, should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall initiate proceduzes to revoke the permit.
These approvals do not, however, sanction the specific plans
submitted with the applications as they may be subject r.o chanae
given specific code and regulatory requirements of the affected
agencies.
^ir . Gary Okamoto
November 19, 1990
Page 15
Please feel free to contact the Planning Department if there are
any questions on this matter.
Sincerely,
Fred Y. Fujimoto
Chairman, Planning Commission
xc: Department of Public Works
Department of Water Supply
Department of Parks and Recreation
County Real Property Tax Division
Planning Office -Kona
ABED, CZM Program w/background
DLNR-Historic Sites Section
Department of Education
Department of Health
Kahakai School - Principal Claire Yoshida
Corporation Counsel
Office of Housing and Community Development
b~c: Plea Al.,_:cv_i =ac::c.~
COUNTY ( ?HAWAII STATF JF HAWAII
BILL NO. = -
~s=.-' _
ORDINANCE NO. 91 til
AN ORDINANCE AMENDING SECTION 2_-87 (NORTH KONA ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO
SINGLE FAMILY RESIDENTIAL (RS-7.5) AT PUAPUAA 1ST AND 2ND,
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-20:PORTION OF 1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Puapuaa 1st and 2nd, North Kona, Hawaii, shall
be Single Family Residential (RS-7.5):
Beginning at a nail in concrete at the northwest corner of
this parcel of land; the northeast corner of Lot 10 and on
the southeasterly side of R.P. 1669, L.C. Aw. 8516-B:3 to
Kamaikui, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"KAHELO" being 71.98 feet South and 1119.17 feet East and
running by azimuths measured clockwise from True South:
Following along the middle
of an old stonewall along
the southeast boundary of
R.P. 1669, L.C. Aw.
8516-B:3 to Kamaikui for
the following thirty
eight (38) courses:
1. 254° 59' 30" 40.45 feet to a nail in rock;
2. 256° 53' 30" 195.37 feet to a cut in rock;
EXHIBIT
3. 250° 02' 16.70 feet to a nail in rock;
9. 255° 18' 88.89 feet to a nail in rock;
5. 299° 55' 30" 101.23 feet to a cut in rock;
6. 253° 43' 30" 33.76 feet to a nail in rock;
7. 246° 00' 70.33 feet to a cut in rock;
8. 242° 45' 42.95 feet to a nail in rock;
9. 246° 11' 30.23 feet to a nail in rock;
10. 252° 17' 30" 78.42 feet to a cut in rock;
11. 260° 05' 12.34 feet to a 1/2 inch pipe;
12. 247° 49' 13.07 feet to a nail in rock;
13. 235° 98' 19.41 feet to a cut in rock;
14. 244° 52' 24.91 feet to a nail in rock;
15. 243° 52' 30" 37.28 feet to a cut in rock;
16. 240° 52' 26.78 feet to a 1/2 inch pipe;
17. 246° 15' 77.74 feet to a cut in rock;
18. 249° 56' 30" 45.51 feet to a nail in rock;
19. 252° 59' 89.15 feet to a 1/2 inch pipe;
20. 296° 21' 81.63 feet to a cut in rock;
21. 253° 29' 55.11 feet to a nail in rock;
22. 247° 26' 15.27 feet to a cut in rock;
23. 259° 45' 21.89 feet to a cut in rock;
24. 247° 99' 46.44 feet to a cut in rock
on Kuakini wall;
25. 240° 16' 36.17 feet to a 1/9 inch pipe;
26. 250° 54' 30" 61.62 feet to a 1/2 inch pipe;
27. 238° 12' 36.56 feet to a cut in rock;
28. 252° 20' 97.00 feet to a cut in rock;
29. 242° 44' 37.39 feet to a cut in rock;
30. 251° 22' 29.12 feet to a 1/2 inch pipe;
31. 267° 38' 15.05 feet Lo a cut in rock;
32. 239° 30' 39.84 feet to a cut in rock;
33. 245° 09' 34.78 feet to a cut in rock;
34. 234° 55' 25.37 feet to a cut in rock;
35. 245° 59' 38.90 feet to a cut in rock;
36. 243° 38' 30" 23.66 feet to a nail in rock;
37. 266° 35' 15.75 feet to a cut in rock;
38. 250° 29' 48.14 feet to a 1/2 inch pipe on
the southwest side of
Kuakini Highway;
Thence along the southwest
side of Kuakini Highway
for the neat eight (8)
courses:
39. Along a curve to the right having a radius of 1597.02
feet, the chord azimuth
and distance being:
345° 03' 45" 37.55 feet to
a nail in concrete;
40. Thence along a curve to the right having a radius of
2142.70 feet, the chord
azimuth and distance being:
347° 02' S5" 98.16 feet to
a 1/2 inch pipe;
41. 348° 21' 40" 229.99 feet to a nail in concrete;
42. Thence along a curve to the left having a radius of
1567.89 feet, the chord
azimuth and distance
being: 346° 29' 10"
102.60 feet to a nail in
concrete;
-3-
43. Thence along a curve to the left having a radius of
1185.92 feet, the chord
azimuth and distance being:
321° 48' 90" 919.13 feet
to a nail in concrete;
44. Thence along a curve to the left having a radius of
1567.89 feet, the chord
azimuth and distance being:
297. 08' 10" 102.60 feet
to a nail in concrete;
45. 295° 15' 40" 924.20 feet to a 1/2 inch pipe;
46. Thence along a curve to the right having a radius of
9543.66 feet, the chord
azimuth and distance
being: 295° 32' S9"
95.77 feet to a pipe;
Thence along the middle of
an old stonewall along the
northwesterly boundary of
R.P. 4975, L.C. Aw.
7713:43 to V. Kamamalu for
the nett twenty one (21)
courses:
97. 38° 21' 13.93 feet to a pipe;
98. 56° 98' 30" 42.82 feet to a pipe;
49. 93° 18' 30" 39.01 feet to a pipe;
50. 54° 58' 30" 82.86 feet to a pipe;
51. 62° 03' 37.06 feet to a pipe;
52. 54° 50' 30" 90.89 feet to a cut in rock;
53. 49° OS' 43.51 feet to a pipe;
54. 98° 29' 30" 41.69 feet to a pipe;
55. 55° 45' 30" 38.41 feet to a pipe;
56. 49° 06' 95.94 feet to a pipe;
57. 52° 28' 24.88 feet to a pipe;
--4-
58. 41° OS' 30" 63.24 feet to a cut in rock;
59. 60° 34' 30" 54.70 Eeet to a pipe;
60. 57° 45' 34.42 feet to a cut in rock;
61. 50° 34' 43.91 feet to a pipe;
62. 62° 38' 27.23 feet to a pipe;
63. 74° 26' 34.87 feet to a pipe;
64. 49° 33' 42.62 feet to a pipe;
65. 36° 54' 30" 37.08 feet to a pipe;
66. 44° 43' 41.90 feet to a pipe;
67. 46° 55' 30" 85.51 feet to a pipe in concrete
on Kuakini wall;
Thence along a survey
fized by Decree issued by
the Judge of the Circuit
Court of the Third
Circuit, State of Hawaii,
under C.A. No. 493 and
dated February 8, 1960,
for the neat seven (7)
courses:
68. 52° 23' 30" 52.36 feet along a stonewall to
a spike in concrete on the
south face of said wall;
Thence along the south
face of said stonewall for
the nett siz (6) courses:
69. 57• 58' 30" 117.10 feet to a spike in
concrete;
70. 61° 27' 30" 132.53 feet to a spike in
concrete;
71. 54° 33' .102.06 feet to a pipe in concrete;
72. 57° 34' 124.43 feet to a pipe in concrete;
-S-
73. 54° 47' 30" 201.79 feet to a pipe in concrete;
74. 59° 59' 30" 91.24 feet to a spike in
concrete;
75. 148° 08' 450.00 feet along Parcel A along
the remainder of R.P.
7819, L.C. Aw. 8559-B,
Apana 8 to Wm. C. Lunalilo
to a spike in concrete;
76. 58° OS' 800.00 feet along Parcel A along
the remainder of R.P.
7819, L.C. Aw. 8559-B,
Apana 8 to Wm. C. Lunalilo
to a pipe;
77. 148° OS' 955.88 feet along Lots 2A, 3A and
4A to a pipe in concrete;
78. Thence along Lot 4A along a curve .to the right having
a radius of 5050.00 feet,
the chord azimuth and
distance being:
199. 08' 176.26 feet to a
pipe in concrete;
79. 60° OB' 50.00 feet along Lot 4A to a
spike in concrete;
80. 150° 34' 30" 78.63 feet along Lots 4A and SA
to a spike in concrete;
B1. 241° O1' 50.00 feet along Lot 5A to a
spike in concrete;
82. Thence along Lots SA, 6A, 7A and B, along a curve to
the right having a radius
of 5050.00 feet, the chord
azimuth and distance
being: 155° 51' 05"
851.24 feet;
63. 160° 41' 10" 724.42 feet along Lots 8, 9
and 10;
-6-
84. Thence along Lot 10 along a curve to the right having
a radius of 2050.00 feet,
the chord azimuth and
distance being:
161° 11' 03" 35.64 feet to
the point of beginning and
containing an area of
108.336 Acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (H) the applicant shall submit
the required water commitment payment for 200 units to the
Department of Water Supply in accordance with its "Water
Commitment Guidelines Policy" within ninety days from the date
of approval of the change of zone. The applicant shall
consummate a water agreement for the remaining 153 units with
the Departments of Water Supply and Planning within ninety days
from the date of approval of the change of zone. The zoning of
the property shall not be in effect until the water commitment
payment is accepted by the Department of Water Supply and the
water agreement is consummated; (C) the property shall be
subdivided in two increments. The first increment shall
consist of a mazimum of 60 contiguous acres (ezclusive of the
park, school, and water tank sites and major archaeological
preservation areas) and the second increment the remaining
-7-
area. Subdivision plans may be submitted for the second
increment after development has occurred in the first increment
as determined by the Planning Direc_or. "Development" means
that building permits have been issued for dwelling units and
construction has been partially completed to the eztent 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 ezecution of such
agreement and filing of the security with the County,
subdivision plans for the second increment may be submitted
prior to the actual construction of the dwellings in the first
increment; (D) 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 necessary infrastructural
i-provements, including intersection improvements, sewer
collection and transmission lines and, if appropriate, an
interim sewage treatment system, shall be submitted in
conjunction with construction drawings for final subdivision
-8-
approval of the first increment; (E) a drainage system shall be
installed mee*_inq with the requirements of the Department of
Public Works; (F) access(es) shall meet with the approval of
the Department of Public Works. No lots shall have direct
access from Kuakini Highway. Kuakini Highway-Kahakai access
road intersection shall be improved with a channelized
intersection and traffic signal conduits and pull boxes which
meet with the requirements of the Department of Public works.
The Kuakini Highway-Kahakai access road intersection shall be
provided with a traffic signal as follows: 1) the design for
the traffic signal will be submitted to the Department of
Public works for review and approval in conjunction with
construction drawings for final subdivision approval of the
first increment; 2) the traffic signal conduits and pull boxes
will be installed during construction of the Kahakai access
road intersection with Kuakini Highway. These improvements
shall be provided prior to final subdivision approval of the
first increment or as otherwise provided by Chapter 23
(Subdivision Control). A channelized intersection at the Alii
Highway-main access road intersection shall be constructed;
(G} the main access road and interior subdivision roads shall
be provided with curbs, gutters and sidewalk improvements and
underground utilities. Interior north-south roadways shall
extend to the boundaries to provide connection with ezistinq
and future roadways to adjacent properties. Roadway access to
-9-
Kahakai Elementary School shall be constructed prior to
occupancy of the first increment affecting lands adjacent and
to the north of Kahakai School. This roadway connection shall
meet with the approval of the Department'of Public Works and
the Department of Education; (H) the Alii Highway right-of-way
and associated easements within the property shall be dedicated
to the County within sia months of the date of final
right-of-way determination by the Department of Public Works.
That section of the Alii Highway within the property shall be
constructed in accordance with the requirements of the
Department of Public Works prior to issuance of final
subdivision approval of the second zoning increment or upon a
determination by the County that the roadway be constructed,
whichever occurs first; (I) should an Improvement District be
implemented for the construction of the proposed Alii Highway,
the applicant, successors or assigns shall automatically be a
participant in the Improvement District, provided, however,
that the contribution of land and the construction of
improvements can be credited towards the applicant's
Improvement District assessment. (J) an intensive
archaeological survey, data recovery and
mitigation/interpretation plan shall be submitted for review
and approval by the Planning Department, in consultation with
the Department of Land and Natural Resources, prior to
submitting preliminary subdivision plans of the first incremen*_
or prior to any land preparation activity, whichever occurs
first. Mitigation shall include, but not be limited to, the
preservation of Kuakini wall with approved buffers in the form
of written easements and the formulation of historic
preservation area{s). Easements and preservation areas shall
be delineated on maps submitted for subdivision approval.
Restrictive covenants approved by the Planning Department, in
consultation with the Department of Land and Natural
Resources-Historic Sites Section, shall provide for continued
preservation and maintenance of the sites to be preserved. The
proposed subdivision shall breach Kuakini wall at only one
point approved by the Planning Department in consultation with
the Department of Land and Natural Resources; (K) a burial
treatment plan and detailed mitigation measures shall be
approved by the Department of Land and Natural Resources prior
to submitting preliminary subdivision plans for the first
increment or prior to any land preparation activity, whichever
occurs first; (L) should any unidentified sites or remains such
as artifacts, shell, bone, or charcoal deposits, human burials,
rock or coral alignments, pavings or walks be encountered, work
in the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall proceed
upon an archaeological Clearance from the Planning Department
when it finds that sufficient mitigative measures have been
taken; (M) sewer collection and system transmission lines shall
-11-
be constructed to the Alii Drive interceptor meeting with the
approval of the Department of Public Works. In the event that
any portion of the development is completed prior to completion
of the municipal interceptor serving the development, the
applicant shall also construct an interim sewage treatment
system, which location and design meets with the approval of
the Departments of Public Works, Health, Planning, and
Education; (N) to ensure that the Goals and Policies of the
Housing Element of the General Plan are implemented, the
applicant shall work with the Office of Housing and Community
Development and the Planning Department to formulate a housing
plan for the development, which shall be consistent with the
interim affordable housing policy of the County as contained in
Hawaii County Housing Agency Resolution No. 65. This housing
plan shall be approved by the County Housing Agency prior to
final subdivision approval of the first increment provided that
the applicant shall notify the County Housing Agency of any
intent to sell, lease, assign, place in trust, or otherwise
voluntarily alter the ownership interest in the property prior
to visible commencement of construction on the property;
provided, however, that Petitioner may transfer ownership in
the property to an affiliate or in a manner consistent with
prior representations to the County Housing Agency; (O) the
zpplicant shall set aside a minimum of 4± acres of land for
active recreational park use to service the projected
-12-
population of the development. The location of the park site
with minimum grassing and grading shall meet with the approval
of the Departments of Parks and Recreation and P'_ar.ninq.
Further, the park site shall be dedicated to the County within
one year after the date of receipt of final subdivision
approval of the first increment; (P) the applicant shall work
with the State Department of Education to designate a minimum
of 1.7± acres of land for purchase by and with the concurrence
of the State Department of Education. Further, the applicant
shall provide its pro rata share for school Facilities as may
be required 6y and to the satisfaction of the Planning
Department in consultation with the State Department of
Education. The pro rata share determination and its
implementation shall be approved by the Planning Department in
consultation with the Department of Education prior to final
subdivision approval; (Q) as agreed to by the applicant,
restrictive covenants in the deeds of all the residential lots
shall prohibit the construction of ohana dwelling units. A
copy of the proposed covenant(s) shall be submitted to the
Planning Department for review and approval prior to final
subdivision approval of the first increment. written assurance
for implementation of this condition, which has met with the
approval of the Planning Department, shall be submitted to the
Planning Department prior to final subdivision approval of the
first increment. A copy of a typically recorded covenant shall
-13-
be filed with the Planning 'apartment within one year from the
date of final subdivision approval of the first increment;
(R) comply with all other applicable laws, rules, regulations
and requirements, including those of the Departments of Health,
Water Supply, Land and Natural Resources, Public Works, and
Education; (S) should the council adopt a Unified Impact Fees
ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions included
herein may, at the developers' election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance; (T) an annual progress report shall be
submitted to the Planning Director prior to the anniversary
date of the effective date of the change of zone. The report
shall address the status of the development and the compliance
with the conditions of approval. This condition shall remain
in effect until all of the conditions of approval have been
complied and the Planning Director acknowledges that further
reports are not required; and, (U) an eztension of time for the
performance of conditions within the ordinance may be granted
by the Planning Director upon the following circumstances:
1) the non-performance is the result of conditions that could
not have been foreseen or are beyond the control of the
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;
-14-
3) granting of the time extension would not be contrary to the
original reasons for the granting of the permit; 4) the t~:^e
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 applicants should require an
additional extension of time, the Planning Director shall
submit the applicants' request to the County Council for
appropriate action. Further, should any of the conditions not
be met or substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED HY:
~n'
CO CIL MEMHE COU OF HAWAII
Hilo, Hawaii
Date of Introduction: February 6, 1991
Date of 1st Reading: February 6, 1991
Date of 2nd Reading: March 6, 1991
Effective Date: March 15. 1991
-15-
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AMENDMENT TO THE ZONING CODE
AMLIYDING SECTION ~5-87 (NORTH KONA ZONE
MAP) ARTICLE 3, CHAI°T!`R ~5 (ZONING CODE) OF
THE HAWAII COUNT7' CODE, B7' CHANGING THE
DISTRICT CLASSIFICATION FROM L.JNQLANNED
(U) TO SINGLE PAI"11LY Re51CSNTiAI.. (fZ5-7_5)
AT PUAPUAA IST AND ~.ND, NORTH KONA,
HAWAf1.
PREPARED DY PLANNIN G OEPARTME7YT
COUNT7' of HAwAf I
T'^'IK ~ 7- 5-~O a PORTION OF t JUNL 6. 1990
ERIC T. MAEHARA
ATTORNEY AT LAW
A LAW CORPORATION
'ELEPHONE: OR05VEN0R CENTER. MARAI TOWEji_ _ FACSIMILE:
ig 76) 528~500~ 7JJ 815HOP STREET. SUIT'~3yld' ~j ~ r ^
HONOLULU, HAWAII 96A13
September 4, 1998`
VIA II.S. MAIL
Ms. Virginia Goldstein
Director
County of Hawaii
Department of Planning
25 Aupuni Street
Hilo, Hawaii 96720
Re: Ordinance No. 91-21/TMK: 7-5-20 Portion of 1
Dear Virginia:
Enclosed for your review is a bill for an ordinance amending
Ordinance No. 91-21 which reclassified lands from unplanned (li)
to single family residential (RS-7.5) at Puapuaa first and
second, North Kona, Hawaii, covered by Tax Map Key No. 7-5-20
portion of 1 (hereinafter referred to as the "Ordinance").
Proposed deletions are bracketed and proposed new language is
underscored.
The proposed bill is submitted for review and considera*-ion
by your department, the Hawaii Planning Commission and the Ha-aa_i
County Council. Generally, the amendments being requested ar=_
the result of a change in ownership and a new developme^t
proposal for the subject property and some changes in public
policy which relate to the development of this property.
On July 29, 1998, SCD Kahakai, LLC, purchased the property
which is the subject of the Ordinance. At the time of the
effective date of the Ordinance, the proposed development of the
property called for 353 lots. At this time, the new dove:oiler
has replanned the development of the property and reduced 'r?:e
3ensity from 353 to 98 lots. Generally, the lots to the east cr
mauka of the Kuakini Wall will comprise of one acre minimum to
and the lots to the west or makai of the Kuakini Wall will be
one-half acre minimum lots. The proposed development provides
°or a private gated community with its primary access on Ruaki-i
Highway with a secondary access to Papala Street to the south.
Both accesses will be gated and all interior roadways wi_1 rema_n
private. There will be no access to the new alii Hi~hwav.
Due to the substantial re3uct'_on in density, many c~ the
conditions con*_aine3 in the Ordinance and the subsecuent Bpeci='_
Management. Area IS;QA) Permit No. 304 which was approved
Hawaii Planning Commission at a meeting held on No-?e.:,Le_ ,
EXHlB~?
C •
_ J
Ms. Virginia Gc stein
County of Hawaii
Department of Planning
September 4, 1998
Page 2
makes the proposed low density project unfeasible without certain
amendments to the conditions. Accordingly, we proposed the
following amendments to Section 2 of the Ordinance as follows:
1. In subpart (B), we have added the reduced number of
ninety-eight i98) units. Because the total density is below one
hundred (100) units, the requirement for an additional water
agreement with the Department of Water Supply is not required.
2. We have deleted in its entirety the language contained
in former subparts (C) and (D), removing all references to the
development of the property in two increments. We also provide
in the new proposed subpart (C) that final subdivision approval
shall be secured within five (5) years from the effective date of
the new ordinance.
3. Due to the reduced density, it is proposed that the
Kuakini Highway - main access road intersection be improved with
a channelized intersection, however, it is not intended that this
intersection be signalized. Accordingly, :snguage relating to
the signalization of this intersection in Dormer subpart (F) has
been deleted. Also, the proposal for a chanr_elized intersection
at the Alii Highway has also been deleted.
4. Former subpart (G), now subpart (F), provides for the
interior roads to be privately owned and improvements subject to
the approval to the Department of Public Works. Further, an
agreement with the Department of Education to provide an
additional 3.7 acres of land adjacent to the new Karakai
3lementary School requires that no roadway access need be
provided to the school from the proposed subdivision. Pedestrian
access will be provided.
5. References in former subparts (G) and (I) to highway
improvements have been deleted. New subpart (G), provid=s for
the dedication of the right-of-way of the new Alii highway by the
applicant and the requirement of a fair shay=_ contribution for
the proposed highway project.
6. Due to the increased lot sizes of a minimum o:e acre
lot to *_he east or mauka of Kuakini Wall, the former subpart (M),
now subpart (K), has been amende3 to provide that the first phase
of the project to the east of the Kuakini Wall may be s.rviced by
septic tanks or other methods which meet with the a~Drova'_ of the
Departments of Public Works and Planning and *_he Stetz Department
of health.
7. Former subpart (N), ROW subpart haS ==_n 3mErd=d
GROSVENOR CENTER. ~1AKA1 T00.'ER. 733 BLSHOP STREET. SUITE ]530. !?OSOLUL.'.'. W'? ? ~~A 13
Ms. Virginia Gc stein
County of Hawaii
Department of Planning
September 4, 1998
Page 3
to provide that the applicant shall comply with the requirements
of Chapter 11, Article 1, Hawaii County Code, relating to
affordable housing.
Accordingly, it is requested that your department and the
Hawaii Planning Commission review and approve the proposed
changes to Ordinance No. 91-21 and recommend said amendments to
the Hawaii County Council. It is further requested that the
Hawaii Planning Commission concurrently, amend SMA Permit 304
such that the conditions contained therein reflect the proposed
amendments contained herein. If you have any questions or
require any further information, please contact the undersigned.
Very truly yours,
Eric T. Maehara
ETM:lac
Enclosure
cc: SCD Kahakai, LLC
Okahara & Associates
Attn: Ms. Nancy Burns
Department of Public Works
Attn: Mr. Galen Kuba
GROSYE.^~OR CE\7ER. l.1AIUI 70W"ER. '33 B?SHG? STRt'ET. SUITE '_S?0. HCVOLCLL', ii.i R' ~ ''5ri13
_,.-ovn.,c .ones <~o ~i. a a~~.
'Of~~ ~ ~ ~
COIINTY OF HAWAII STATE OF HAWAII
ORDINANCE NO. BILL N0.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
AND ORDINANCE N0. 91-21 WHICH RECLASSIFIED LANDS FROM UNPLANNED
(U) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AT PUAPUAA 1ST AND 2ND,
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-20:PORTION OF 1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 91-21 is amended as follows:
"SECTION 2. This change in district classification
is conditioned upon the following: (A) the applicant,
successors or assigns shall be responsible for complying
with all of the stated conditions of approval; (B) the
applicant shall submit the required water commitment payment
for [200] 9B units to the Department of Water Supply in
accordance with i*_s "Water Commitment Guidelines Policy"
within nine*_;~ days from the effective date of [approval of
the chance of zone. The applicant shall consummate a wat=_
agreement for the remaining 153 units with the Departure^=;
of Water Supply and Flanning within ninety days from the
date of approval of the change of zone. The zcriag of t..=_
property shall not be in effect until the water commitme^t
payment is accepted by the Depar*_ment of Water Supply a^.d
the water agreement is consummated] this ordinance; (C) [the
property shall be subdivided in two increments. The first
increment shall consist of a maximum of 60 cort_gucus acres
(exclusive of the park, school, and water tank s_t=_s and
major archaeolcgical preservation areas) a^d t'r.~ ~ec~nd
increment the remaining area. Subdivision plans may be
submitted for the second increment after development has
occurred in the first 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 second increment may be
submitted prior to the actual construction of the dwellings
in the first increment; (D) subdivision plans for the first
increment shall be submitted within one year from the
effective date of the c;_ange of zone.J Final subdivision
approval shall be secured within [one year frcm the date of
receipt of tentative subdivision approval.] fi-re years from
the effective date of this ordinance Plans fir necessary
infrastructural improvements, ircludir_g irtersect_on
improvements, sewer col=ection and transmission lines and,
if appropriate, an in*_er_m sewace `reatment system, shall be
submitted in conjunet_oa with construction drawinga for
2 e.,...K
final subdivision approval [of the first increment]; [(E)]
a drainage system shall be installed meeting with the
requirements of the Department of Public Works; [(F)]
access(es) shall meet with the approval of the Department of
Public Works. No lots shall have direct access from Kuakini
Highway or Alii Hiahwav right-of-wa_}.. Kuakini Highway-
Kahakai access road intersection shall be improved with a
channelized intersection [and traffic signal conduits and
pull boxes] which meet with the requirements of the
Department of the Public Works. [The Kuakini Highway-
Kahakai access road intersection shall be provided with a
traffic signal as follows: 1) the design for the traffic
signal will be submitted to the Department of Public Works
for review and approval in conjunction with construction
drawings for final subdivision approval of the first
increment; 2) the traffic signal conduits and pull boxes
will be installed during construction of the Kahakai access
road intersection with Kuakini Highway. These improvements
shall be provided prior to final subdivision approval of the
first increment or as otherwise provided by Chapter 23
(Subdivision Control). A channei_zed intersect_on at the
Alii Highway-main access road in*_ersecticn shal'_ be
constructed; (G)] ~ the main ac-a=s road arc interior
subdivision roads shall be [pro•sided wi*_h c' -mss, otters and
sidewalk improvements and und_ _ound ut_'_i-'_a . T_nterior
north-south roadways] Fr1•,rately owned and ~h= +^it-ovements
shall be aubiect to mho anarova" cf thA Deoa t Public
3 ....,............w
Works. Roadway connections shall extend to ,the [boundaries]
aubiect ~rocertv'a southern boundary to provide connection
with existing and future roadways to adjacent properties.
[Roadway access to Kahakai Elementary School shall be
constructed prior to occupancy of the first increment
affecting lands adjacent and to the north of Kahakai School.
This roadway connection shall meet with the approval of the
Department of Public Works and the Department of Education;
(H) the Alii Highway right-of-way and associated easements
within the property shall be dedicated to the County within
six month: the date of final right-of-way determinaticn
by the Department of Public Works. That section of the Aiii
Highway within the property shall be constructed in
accordance with the requirements of the Department of Pubic
Works pricr to issuance of final subdivision approval of t!:=_
seccnd zoning increment or upon a deter,;,ination by the
County that the roadway be constructer, whichever occurs
first; (I) should an Improvement Distr__t be implemented for
the ccrstruction of the proposed Alii Highway, the
applicant, successors or assigns shall automatically be a
participant in the Improvement Distric_, provided, however,
that th_ contribution of land and the ccnstructicn of
improvements car, be credited towards to applicant's
Improvement District assessment. (J)1 (G) yocn the
deter_^ir_ation of the rAauired -icht-of-way of tre viii
3iahwav by the Lenartment of Public '~7ork= and the ccmflletion
of the r^_._ht-of-way subdivision by ~cunr.•r, the r~~Dlicant
4 _ . .
shall dedicate ouch rioht-of-wav and any resulting remnants
of the aubiect vro~erty to the west of the right of-way in
fee simple to the County upon its request The aD~licant
shall make its fair share contribution for the orovoaed Alii
Highway ~roiect: (A) an intensive archaeological survey,
data recovery and mitigation/interpretation plan shall be
submitted for review and approval by the Planning
Department, in consultation with the Department of Land and
Natural Resources-Historic Preservation Division, prior to
submitting preliminary subdivision plans [of the first
increment] or prior to any land preparation activity,
whichever occurs first. Mitigation shall include, but not
be limited to, the preservation of Kuakini Wall with
approved buffers in the form of written easements and the
formulation of historic preservation area(s). Easements and
preservation areas shall be delineated on maps submitted for
subdivision approval. Restrictive covenants approved by t:~e
Planning Department, in consultation with the Department of
Land and Natural Resources-Historic [Sites Section]
Preservation Divisioa shall provide for continued
preservation and maintenance of the sites to be preserved.
The proposed subdivision shall breach Kuakini Wall at only
one point approved by the Planning Department in
consultation with the Department of Land and Natural
Resources-Historic Preservation Division; [(K)] SIZ a burial
treatment plan and detailed mitigation measures shall be
approved by the Department of Land and Natural Resources=
5
Historic Preservation Division prior to submitting
preliminary subdivision plans [for the first increment] or
prior to any land preparation activity, whichever occurs
first; [(L)] should any unidentified sites or remains
such as artifacts, shell, bone, or charcoal deposits, human
burials, rock or coral alignments, pavings or walks be
encountered, work in the immediate area shall cease and the
Planning Department shall be immediately notified.
Subsequent work shall proceed upon an archaeological
clearance from the Planning Department when it finds that
sufficient mitigative measures have bee taken; [(M)]
sewer collection and system transmission lines shall be
constructed to the Alii Drive interceptor [meeting with the
approval of the Department of Public Works. In the event
that any portion of the development is completed prior to
completion of the municipal interceptor serving the
development, the applicant shall also construct an inter_m
sewage treatment system, which location and design]
provided: however, that if the first nhaee of the oroiec~ to
the east of the Ruakini Wall contains lots with a minimum
lot size of one acre or more, said lots may be serviced by
septic tanks or other method which meets with the approval
of the Departments of Public Works, Health[,] and Planning[,
and Education]; [(N)] ~Z to ensure that the Goals and
Policies of the Housing Element of the General Plan are
implemented, the applicant shall [work with the Office of
Housing and Community Development and the Planning
6
Department to formulate a housing plan for the development,
which shall be consistent with the interim affordable
housing policy of the County as contained in Hawaii County
Housing Agency Resolution No. 65. This housing plan shall
be approved by the County Housing Agency prior to final
subdivision approval of the first increment provided that
the applicant shall notify the County Housing Agency of any
intent to sell, lease, assign, place in trust, or otherwise
voluntarily alter the ownership interest in the property
prior to visible commencement of construction on the
property; provided, however, that Petitioner may transfer
ownership in the property to an affiliate or in a manner
consistent with prior representations to the County Housing
Agency; (O)] comply with the reguirementa of Chapter 11
Article 1, Hawaii County Code relating to Affordable
Housing: (M) the applicant shall set aside a minimum of 4+
acres of land for active recreational park use to servic_
the projec*_ed population of the development. The locatio^^.
of the park site with minimum grassing and grading shall
meet with the approval of the Departments of Parks and
Recreation and Planning. [Further, the park site shall be
dedicated to the County within one year after the date of
receipt of final subdivision approval of the first
increment; (P)] LNL the applicant shall work with the State
Department of Education to designate a minimum of 1.7± acres
of land for purchase by and with the concurrence of the
State Department of Education. Further, the applicant sa__
7
provide its pro rata share for school facilities as may be
required by and to the satisfaction of the Planning
Department in consultation with the State Department of
Education. The pro rata share determination and its
implementation shall be approved by the Planning Department
in consultation with the Department of Education prior to
final subdivision approval; [(Q)] .LL as agreed to by the
applicant, restrictive covenants in the deeds of all the
residential lots shall prohibit the construction of ohana
dwelling units. A copy of the proposed covenant(s) shall be
submitted to the Planning Department for review and approval
prior to final subdivision approval [of the first increment].
Written assurance for implementation of this condition,
which has met with the approval of the Planning Department,
shall be submitted to the Planning Department prior to final
subdivision approval [of the first increment]. A copy of a
typically recorded covenant shall be filed with the Plarniag
Department within one year from the date of final
subdivision approval (of the first increment]; [(R)]
comply with all other applicable laws, rules, regulations
and requirements, including those of the Departments of
Health, Water Supply, Land and Natural Resources, Public
Works, and Education; [(S)] ~ should the council adopt a
Unified Impact Fees ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees,
conditions included herein (may, at the developers'
election, be satisfie3 by performance in accordance with]
8
shall be credited towards the requirements of the Unified
Impact Fees Ordinance; [(T)] an annual progress report
shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the change of
zone. The report shall address the status of the
development and the compliance with the conditions of
approval. This condition shall remain in effect until all
of the conditions of approval have been complied and the
Planning Director acknowledges that further reports are not
required; and, [(U)] ~ 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 applicants, successors or assigns, and
that are not the result of their fault or negligence; 2)
granting of the time extension would not be contrary to the
General Plan or Zoning Code; 3) granting of the time
extension would not be contrary to the original reasons for
the granting of the [permit]chance in zoning; 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 applicants should
require an additional extension of time, the Planning
Director shall submit the applicants' request to the County
Council for appropriate action. [Further,] S~L Should ary
9
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.
SECTION 4. This ordinance shall take effect upon it
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Ef~ective Date:
10
ERIC T. MAEHARA
ATTORNEY AT LAW
A LAW CORPORATION
TELEPHONE: GAOSVEN OR CENTER, MAEAI TOWER FACSIMILE:
8081 526.7004 7)J BISHOP STREET. SUITE 3370 nn p
HONOLULU, HAWM 96t 17 ,rr~ Ill T ~ PI I y ~ Q (tOt)7J 1-470
t .
September 30, .1998 CCG;~ i ;;'.'~l:,;I
' VIA FEDER:
Tracking No. 5454869630
Ms. Virginia Goldstein
Director
County of Hawaii
Department of Planning
25 Aupuni Street
Hilo, Hawaii 96720
Re: SDecial Management Aroa (SMA) Uae Permit No 304/
Tax Man Kev 7-5-20:1
Dear Virginia:
At a duly scheduled meeting of the Hawaii County Planning
Commission on November 8, 1990, SMA Use Permit No. 304 was issued
for the development of the above-referenced property. By letter
to you from the undersigned dated September 4, 1998, we submitte3
a proposed ordinance amending Ordinance No. 91-21 which
reclassified said lands from unplanned (U) to single-family
residential (RS-7.5). In said letter, we informed you that SCD
Kahakai, LLC, purchased the property which was the subject of the
ordinance and SMA Uae Permit No. 304. We further indicated that
while the earlier proposed development called for a 353-lot
subdivision, the new owner has replanned the development of the
property and reduced the density from 353 to 98 lots.
Due to the substantial reduction in density, we proposed in
my September 4, 1998 letter that a number of the conditions
contained in Ordinance No. 91-21 and the subsequent SMA Use
Permit No. 304 be amended to make the proposed lower density
project feasible. We submitted to you the proposed bill for an
ordinance amending Ordinance No. 91-21 on September 4, 1998. At
this time, we would request that the conditions to SMA Use Permit
No. 304 as contained in pages li through 14 of your letter to Mr.
Gary Okamoto, dated November 19, 1990, be amended to reflect the
language contained in Exhibit "A" attached hereto. Please note
that all of the changes being proposed to the SMA conditions
reflect proposed changes to the conditions contained in Ordinance
No. 91-21.
Accordingly, it is respectfully requested that the Planning
Commission while reviewing the proposed bill for an ordinance
amending Ordinance No. 91-21 in like manner review the conditions
contained in SMA Use Permit No. 304 and amend the conditions
therein in accordance with the proposed conditions contained in
Ms. Virginia Goldstein
County of Hawaii
Department of Planning
September 30, 1998
Page 2
Exhibit "A" attached hereto. If you'have any questions or
require any further information, please contact the undersigned.
Very truly yours,
Eric T. Maehara
ETM:lac
Attachment: Exhibit "A"
cc: SCD Kahakai, LLC
Okahara & Associates
Attn: Ms. Nancy Burns
Department of Public Works
Attn: Mr. Galen Kuba
GROSVENOR CENTER. MAKAI TOWER, 733 BLSHOP BEREFT. SU1'EE 2530. HONOLULU, HAWAII 96813
TELEPHONE: (808) 528-5004 I FACSAIII.E: (808) 531-1747
EXHIBIT "A"
1. This permit shall have an effective date simultaneous with
the effective date of the accompanying change of zone
request. ,
2. Access(es) shall meet with the approval of the Department of
Public works. No lots shall have direct access from Kuakini
Highway or Alii Highway right-of-aav. Kuakini
Highway-Kahakai access road intersection shall be improved
with a channelized intersection which meets with the
requirements of the Department of Publie Works. These
improvements shall be provided prior to final subdivision
approval of the first [increment] phase of development or as
otherwise provided by Chapter 23 (Subdivision Control). (A
channelized intersection at the Alii Highway-main access
road intersection shall be constructed.]
3. The main access road and interior subdivision roads shall be
[provided with curbs, gutters and sidewalk improvements and
underground utilities. Interior north-south roadways]
privately owned and the imozovementa shall be subiect to the
approval of the Department of Public Works. Roadway
conaectiona shall extend to the [boundaries] eubiect
propertves southerly boundary to provide connection with
existing and future roadways to adjacent properties.
[Roadway access to Kahakai Elementary School shall be
constructed prior to occupancy of the first increment
affecting lands adjacent and to the north or Rahakai School.
This roadway connection shall meet with the approval of the
Department or public works and the Department of Education.]
4. [The Alii Highway right-of-way and associated easements
within the property shall be dedicated to the County within
six months of the date of final right-of-way determination
by the Department of Public Works. That section of the Alii
Highway within the property shall be constructed in
accordance with the requirements of the Department of Public
Works prior to issuance of final subdivision approval of the
second zoning increment oz upon a determination by the
County that the roadway be constructed, whichever occurs
first.] IIpon the determination of the required
right-of-way of the Alii Highway by the Department of Public
Works and the completion of the rlaht-of-way subdivision by
the County, the applicant shall dedicate such right-of-way
and any resulting remnants of the subieat property to the
west of the right-of-way in fee simple to the County upon
its request. The applicant shall make its fair share
contribution for the proposed Alii Hiahwav proiect.
5. [Should an Improvement District be implemented for the
construction of the proposed Alii Highway, the applicant,
successors or assigns shall automatically be a participant
in the Improvement District, provided, however, that the
contribution of land and the construction of improvements
can be credited towards the applicant's Improvement District
assessment.
67. An intensive archaeological survey, data recovery and
mitigation/interpretation plan shall be submitted for review
and approval by the Planning Department, in consultation
with the Department of Land and Natural Resources-8ietoric
Preservation Division, prior to submitting preliminary
subdivision plane [o the first increment] or prior to any
land preparation activity, whichever occurs first.
Mitigation shall include, but not be limited to, the
preservation of Ruakini Wall with approved buffers in the
form of written easements and the formulation of historic
preservation area(s). Easements and preservation areas
shall be delineated on maps submitted for subdivision
approval. Restrictive covenants approved by the Planning
Department, in consultation with the Department of Land and
Natural Resources-Historic Preservation Division [Sites
Section], shall provide for continued preservation and
maintenance of the Bites to be preserved. The proposed
subdivision shall breach Ruakini Wall at only one point
approved by the Planning Department in consultation with the
Department of Land and Natural Resources-Historic
Preeexvatioa Division.
[7. ]
6 A burial treatment plan and detailed mitigation measures
shall be approved by the Department of Land and Natural
Resources-8ietoric Preservation Division prior to submitting
preliminary subdivision plane [for the first increment] or
prior to any land preparation activity, whichever occurs
first.
Ie.]
7 Should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, pavings or walks be encountered, work in
the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Department when it finds that sufficient mitigative measures
have been taken.
[9.]
8 Sewer collection and system transmission lines shall be
constructed to the Alii Drive interceptor [meeting with the
approval of the Department of Public Works. In the event
that any portion of the development is completed prior to
completion of the municipal interceptor serving the
development, the applicant shall also construct an interim
sewage treatment system, which location and design]
orovided• however that if the first phase of the vroiect to
2
the east of the Ruakini Wall contains lots with a minimum
lot size of one acre or more said lots ma be serviced b
sevtic tanks or other method which meets with the approval
of the Departments of Public Works, Health[,] and Planning[,
and EducationJ.
[10] .
9. The applicant shall set aside a'minimum of 4+ acres of land
for active recreational park use to service the projected
population of the development. The location of the park
site with minimum grassing and grading shall meet with the
approval of the Departments of Parks and Recreation and
Planning. [Further, the park site shall be dedicated to the
County within one year after the date of receipt of final
subdivision approval of the first increment.
11.J
Comply with all laws, rules, regulations and requirements,
including the change of zone ordinance.
[12.1
1~ An annual progress report shall be submitted to the Planning
Director prior to the anniversary date of the approval of
the permit. The report shall include, but not be limited
to, the status of the development and to what extent the
conditions of approval are being complied with. This
condition shall remain in effect until all of the conditions
of approval have been complied and the Planning Director
acknowledges that further reports are not required.
[13.)
12. An extension of time for the performance of conditions
within the permit may be Granted by the Planning Director
upon the following circumstances: a) the non-performance is
the result of conditions that could not have been foreseen
or are beyond the control of the applicant, successors, or
assigns, and that are not the result of their fault or
negligence b) granting of the time extension would not be
contrary to the general plan or zoning code c) granting of
the time extension would not be contrary to the original
reasons for the granting of the permit and d) the time
extension granted shall be for a period not to exceed the
period originally granted for performance (i.e., a condition
to be performed within one year may be extended far up to
one additional year). Further, should any of the conditions
not be met on substantially complied with in a timely
fashion, `_he Director shall initiate procedures to revoke
the permit.
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE November 19, 1998
memorandum
f.
To :Planning Director
FROM De ment of Public Works
Engineering Division
SuBdECT: Change of Zone Ordinance 91-21 (REZ 681)
SMA Use Permit (SMA 304)
Applicant: SCD Kahakai, LLC
Location: Puapuaa 1" & 2nd, North Kona, HI
TM K: 7-5-20:1
We have reviewed the subject application and our comments are as follows:
uil in
1. Building shall conform to all requirements of code and statutes pertaining to building
construction.
rains
2. Applicant shall be informed that if dn/wells are included in the subject improvements,
an Underground Injection Control (UIC) permit must be applied for from the Department
of Health, State of Hawaii.
3. A drainage study should be prepared and a drainage system should be installed
meeting with the approval of DPW.
4. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County
Code.
Solid Waste
5. The developer shall prepare a solid waste management plan for the development
which is to be administered by the Association of Homeowners or by the developer if no
association is established. E X H I B I T
' ' 010"76
Memo to Planning Director
November 19, 1998
Page 2
Wastewater
6. Sewer lines should be installed to tie in with the Honokohau Wastewater Treatment
Plant. Sewer lines appear to be required by County Ordinance 89-68. The wastewater
system must meet with the approval of DPW-Wastewater Division and DOH.
dwa
7. A Traffic Impact Analysis Report should be performed to enable proper design of
roadways, including the proposed Kuakini Highway intersection. With the proposed
elimination of the Alii Highway intersection, this would be the main entrance.
8. Roadway connections to the adjoining parcels should be provided meeting with the
approval of DPW. It is DPW policy on large subdivisions to recommend that functioning
interconnections be made to adjoining parcels; this is also a requirement of the County
Subdivision Code, HCC Chapter 23-44.
9 All roadways within the proposed development should follow the guidelines
incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highways.
These roadways should also meet the requirements of DPW. We recommend curb,
gutter, and sidewalks in RS-7.5 zoned areas. To delete the requirement for these, the
developer should provide some guarantee that any and all future owners would be
bound by the 98 lot and building limit.
10. In the interests of pedestrian and bicyclist safety, the applicant should provide a full
width paved shoulder along its Kuakini Highway frontage. Pavement transitions,
striping, drainage improvements, and relocation of utilities may be required.
If you have any questions please contact Thomas Pack in the Engineering Department
Kona office at 327-3530.
TWP:sIs
cc: Engineering -Hilo
Engineering -Kona
Planning -Kona
MjV OI N1
=~......~LNr'
.iu-;. Nelson \l. Tsuji
Stephen K. Y'amashiro fire curd
M1furnr
Edward Qumatay
Depun Pve Chic)
(~ilunf~r ~f ~ttfuttii
FIRE DEPARTMENT
777 Kilauea Avenue • MaU Lane • Hilo, Hawaii 96720-4239 ,
October 23, 1998 (808)%1-8297•Fax(808)961-82%
To: Virginia Goldstein, Planning Director
From: Nelson M. Tsuji, Fire Chief ^y
SUBJECT: CHANGE OF ZONE ORDINANCE NO. 91-21 (REZ 681)
REQUEST: AMENDMENT TO CONDITIONS OF ORDINANCE
NO. 91-21 TO REFLECT REDUCED DENSITY FROM
353 TO 98 LOTS
SPECIAL MANAGEMENT AREA USE PERMIT (SMA 304)
REQUEST: AMENDMENT TO CONDITIONS TO ALLOW FOR
THE DEVELOPMENT OF A 98-LOT RESIDENTIAL
SUBDIVISION
APPLICANT: SCD KAHAKAI, LLC
TAX MAP KEY: 7-5-20:001
Fire apparatus access roads shall be in accordance with UFC
Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) Geaeral. Fire apparatus access roads
shall be provided and maintained in accordance with the
provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be
required for every building hereafter constructed when any
portion of an exterior wall of the first story is located
more than 150 feet from fire department vehicle access as
measured by an unobstructed route around the exterior of the
building.
"EXCEPTIONS: 1. When buildings are completely
protected with an approved automatic fire sprinkler
system, the provisions of this section may be modified.
EXHIBIY 020u36
E
?o: Virginia Goldstein, Planning Director
Page 2
October 23, 1998
"2. When access roadways cannot be installed due to
topography, waterways, nonnegotiable grades or other
similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
"3. When there are not more than two Group R, Division
3 or Group M Occupancies, the requirements of this
section may be modified, provided, in the opinion of
the chief, fire-fighting or rescue operations would not
be impaired.
"More than one fire apparatus road may be required when it is
determined by the chief that access by a single road may be
impaired by vehicle congestion, condition of terrain,
climatic conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus
access road shall meet the requirements of the appropriate
county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall
have an unobstructed vertical clearance of not less than 13
feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be
reduced, provided such reduction does not impair access
by fire apparatus and approved signs are installed and
maintained indicating the established vertical
clearance.
"(e) Permissible Modifications. Vertical clearances or
widths required by this section may be increased when, in the
opinion of the chief, vertical clearances or widths are not
adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed
and maintained to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus
access road shall be as approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads
in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus.
T'o: Virginia Goldstein, Planning Director
Page 3
October 23, 1998
"(i) Bridges. When a bridge is required to be used as
access under this section, it shall be constructed and
maintained in accordance with the applicable sections of the
Building Code and using designed live loading sufficient to
carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road
shall not exceed the maximum approved by the chief." (15~)
"(k) Obstruction. The required width of any fire apparatus
access road shall not be obstructed in any manner, including
parking of vehicles. Minimum required widths and clearances
established under this section shall be maintained at all
times.
"(1) Signs. When required by the fire chief, approved signs
or other approved notices shall be provided and maintained
for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
water supply shall be in accordance with UFC Section 10.301:
"Sec. 10.301. (a) 1~pe Required. The chief shall designate
the type and number of fire appliances to be installed and
maintained in and upon ali buildings and premises in the
jurisdiction other than private dwellings. This shall be
done according to the relative severity of probable fire,
including the rapidity with which it may spread. Such
appliances shall be of a type suitable for the probable class
of fire associated with such building or premises and shall
have approval of the chief.
"(b) Special Hazards. In occupancies of an especially
hazardous nature or where special hazards exist in addition
to the normal hazard of the occupancy, or where access for
fire apparatus is unduly difficult, additional safeguards may
be required consisting of additional fire appliance units,
more than one type of appliance, or special systems suitable
for the protection of the hazard involved. Such devices or
appliances may consist o¢ automatic fire alarm systems,
automatic sprinkler or water spray systems, standpipe and
hose, fixed or portable fire extinguishers, suitable asbestos
blankets, breathing apparatus, manual or automatic covers,
carbon dioxide, foam, halogenated and dry chemical or other
special fire-extinguishing systems. Where such systems are
installed, they shall be in accordance with the applicable
Uniform Fire Code Standards or standards of the National Fire
Protection Association when Uniform Fire Code Standards do
not apply.
To: Virginia Goldstein, Planning Director
Page 4
October 23, 1998
"(c) Water Supply. An approved water supply capable of
supplying required fire flow for fire protection shall be
provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the
respective county water requirements. There shall be
provided, when required by the chief, on-site fire hydrants
and mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed systems capable of
providing the required fire flow.
"The location, number and type of fire hydrants connected to
a water supply capable of delivering the required fire flow
shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the
fire department apparatus by roadways meeting the
requirements of Section 10.207.
"(d) Fire Hydraat Markers. When required by the chief,
hydrant locations shall be identified by the installation of
reflective markers.
"(e) Timing of Installation. When fire protection
facilities are to be installed by the developer, such
facilities including all surface access roads shall be
installed and made serviceable prior to and during the time
of construction. When alternate methods of protection, as
approved by the chief, are provided, the above may be
modified or waived.
"(f) All fire alarm systems, fire hydrant systems, fire
extinguishing systems (including automatic sprinklers), Class
I, II, IIZ (combination standpipe system) and combined
systems, basement inlet pipes, and other fire protection
systems and appurtenances thereto shall meet the approval of
the fire department as to installation and location and shall
be subject to periodic tests as required herein. Plans and
specifications shall be submitted to the fire department for
review and approval prior to installation."
Fire Chief
NMT/mo
r5. .~4
BENJAMIN J. CAYETANO f~,'I ~ }f~g~~q p~,.p
XXX%XX7CX%X
` Paul C. Le~Iahicu. Ph.D.
Supcnnlcndcnt
STATE OF HAWAII
DEPARTMENT OF EDUCATION
o O eox 2760
HONOLULU HAwnli 96604
OFFICE OF THE SUPERINTENDENT
C
November 6, 1998 -
"i.
~ ?
Ms. Virginia Goldstein
Planning Director
County of Hawaii
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-4252
Dear Ms. Goldstein:
Subject: SCD Kahakai. LLC
Change
of Zone Ordinance
91-21~Z
6811
The Department of Education (DOE) has the following comments on the request to amend
Change of Zone Ordinance No. 91-21:
1. The applicant has indicated to the DOE its intent to dedicate 4 acres to the State of
Hawaii for expansion of Kahakai Elementary School. Thus, we recommend that proposed
Condition N be revised as follows:
"(I~ the applicant shall work with the Department of Education to dedicate 4 usable
acres, free of any known burials, for expansion of Kahakai Elementary School. The
dedication shall be completed within 6 months of final subdivision approval."
This 4-acre dedication will satisfy the DOE's fair-share requirements and will allow
Kahakai Elementary to expand to approximately 12 acres which is the DOE's standard
size for elementary schools. The additional land area would be used for needed
playground space.
~xHrgrx
010480
Ms. Virginia Goldstein
Page 2
November 6, 1998
2. Since Kahakai Elementary School will have direct access off the proposed Alii Highway,
roadway access to the school need not be provided from the subject development. We
therefore concur with proposed Condition F which deletes the provision of roadway
access to Kahakai Elementary.
3. With respect to the applicant's county park dedication requirements, we note that the
additional school acreage can be made available to the public for recreational use during
non-school hours if desired by the applicant andlor the county parks department.
Very truly yours,
/ i
P eu, Ph.
Su Tint dent
PLeM:hy
cc: OBS
P. Bergin, HIDO
J. Nakamura, Stanford Carr Development
PE'TTTIOTQ FnR STANT)TNC; TN COL[TES7'FD CASF~.~E~tYLPiL
(page 1 of 2)
, ,
-
AME: ~~7i~11 /yl • ~ ~ c(,4~c.w G~a9~A(.~On~eo~.,~cr~
.DDRESS: 7~, IOZZ,3L; DPI/~C/(-/I~?~C~.ce/L O.O. 292
-~iLGlrt ~:e~q, .9C4 9~7yo ~~Gu,4 -~nrfi~ w~-•
96 9~FS
, •r
STATUS OF PETIZTONFFEi
A. Ls your interest in this matter clearly dictin~,icha le from that of the general public? . ~ -
Yes ~ No _
If the answer is "yes", please explain:
,H~i7~o.?.E,Q ~P~c~ i.? T~EAvo,.?i~? ~[?•$/DE~~4G c~~6r~~l~~w?,
e r~+~d. /hA~.AL . 7i
>%orG2 ,E,s /1a' ~7 • /neleu~~
~C /v[l/JU rd~ CLPi? ~ BCd iiE4~
If the answer is "no", please explain how the proposed action will nevertheless cause
you actual or threatened injury:
B. Are you a government agency whose jurisdiction includes the land involved in the
subject inquest? Yes _ No
If the answer is "yes", please explain the nature of the agency's jurisdiction:
C. Do you lawfully reside on or have some property interest in the land involved in the
subject request? Yes _ No
If the answer is "yes", please explain:
• APP1rrtD~ A EXHIBIT 0.07 ; i
~ ~ ,
pF,Tf'I'ION FOR ST. dtliPt(3 TN CONTFS'l'FD CAST
T AB1Lj,~
(page Z of 2)
D. Are you a person or persons descended from native Hawaiians who inhabited the
Eawaiian Islands prior m 1778. who pruxiced those rights which wets customarily
and traditionally exercised for subsistence, catlrittal, or religions proposes?
Yes _ No
If the answer is "yes", please submit atry genealogical evidence and historical
evidetuc showing•the exercise of those rights to support the ~*~++P~f
PETITIONER'S SIGNATURE
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
Oa this day of 19~ before the personally appeared ~2n1 Gi!tdw to
me known to be the person described is and who executed the for~egping instrument. and
acknowledged that he executed the same as his free act and deed.
L S,
Notary Pu lic,//State of Hawaii ~
Y~~
My commission expires: ~/~/`t`/
• APPENDIX A
ERIC T. MAEHARA
ATTORNEY AT LAW
A LAW CORPORATION
TELEPHONE: GROSVENOR CENTER, MAKAI TOWE~t,- FACSIMILE:
(BOB) 528-5004 773 BISHOP STREET, SUIT'-247 ~ i ~
i. ~ { T~. ~ ~ J (808) 571-4747
HONOLULU, HAWAII 96817
L, t... ~i
September 4, 1998
VIA U.S. MAIL
Ms. Virginia Goldstein
Director
County of Hawaii
Department of Planning
25 Aupuni Street
Hilo, Hawaii 96720
Re: Ordinance No. 91-21/TMK: 7-5-20 Portion of 1
Dear Virginia:
Enclosed for your review is a bill for an ordinance amending
Ordinance No. 91-21 which reclassified lands from unplanned (U)
to single family residential (RS-7.5) at Puapuaa first and
second, North Kona, Hawaii, covered by Tax Map Key No. 7-5-20
portion of 1 (hereinafter referred to as the "Ordinance").
Proposed deletions are bracketed and proposed new language is
underscored.
The proposed bill is submitted for review and consideration
by your department, the Hawaii Planning Commission and the Hawaii
County Council. Generally, the amendments being requested are
the result of a change in ownership and a new development
proposal for the subject property and some changes in public
policy which relate to the development of this property.
On July 29, 1998, SCD Kahakai, LLC, purchased the property
which is the subject of the Ordinance. At the time of the
effective date of the Ordinance, the proposed development of the
property called for 353 lots. At this time, the new developer
has replanned the development of the property and reduced the
density from 353 to 98 lots. Generally, the lots to the east or
mauka of the Kuakini Wall will comprise of one acre minimum lots
and the lots to the west or makai of the Kuakini Wall will be
one-half acre minimum lots. The proposed development provides
for a private gated community with its primary access on Kuakini
Highway with a secondary access to Papala Street to the south.
Both accesses will be gated and all interior roadways will remain
private. There will be no access to the new Alii Highway.
Due to the substantial reduction in density, many of the
conditions contained in the Ordinance and the subsequent Special
Management Area (SMA) Permit No. 304 which was approved by the
Hawaii Planning Commission at a meeting held on November 8, 1990,
E, ~Ti`}.~+.3
Ms. Virginia Goldstein
Ccunty of Hawaii
Department of Planning
September 4, 1998
Page 2
makes the proposed low density project unfeasible without certain
amendments to the conditions. Accordingly, we proposed the
following amendments to Section 2 of the Ordinance as follows:
1. In subpart (B), we have added the reduced number of
ninety-eight (98) units. Because the total density is below one
hundred (100) units, the requireme~It for an additional water
agreement with the Department of Water Supply is not required.
2. We have deleted in its entirety the language contained
in former subparts (C) and (D), removing all references to the
development of the property in two increments. We also provide
in the new proposed subpart (C) that final subdivision approval
shall be secured within five (5) years from the effective date of
the new ordinance.
3. Due to the reduced density, it is proposed that the
Kuakini Highway - main access road intersection be improved with
a channelized intersection, however, it is not intended that this
intersection be signalized. Accordingly, language relating to
the signalization of this intersection in former subpart (F) has
been deleted. Also, the proposal for a channelized intersection
at the Alii Highway has also been deleted.
4. Former subpart (G), now subpart (F), provides for the
interior roads to be privately owned and improvements subject to
the approval to the Department of Public Works. Further, an
agreement with the Department of Education to provide an
additional 3.7 acres of land adjacent to the new Kahakai
Elementary School requires that no roadway access need be
provided to the school from the proposed subdivision. Pedestrian
access will be provided.
5. References in former subparts (G) and (I) to highway
improvements have been deleted. New subpart (G), provides for
the dedication of the right-of-way of the new Alii Highway by the
applicant and the requirement of a fair share contribution for
the proposed highway project.
6. Due to the increased lot sizes of a minimum one acre
lot to the east or mauka of Kuakini Wall, the former subpart (M),
now subpart (K), has been amended to provide that the first phase
of the project to the east of the Kuakini Wall may be serviced by
septic tanks or other methods which meet with the approval of the
Departments of Public Works and Planning and the State Department
of Health.
7. Former subpart (N), now subpart (L), has been amended
GROSVENOR CENTER, MAKAI TOWER, 733 BISHOP STREET, SUITE 2530, HONOLULU, HAWAII 96813
TELEPHONE: (808) 528-5004 /FACSIMILE: (808) 531-4747
Ms. Virginia Goldstein
County of Hawaii
Department of Planning
September 4, 1998
Page 3
to provide that the applicant shall comply with the requirements
of Chapter 11, Article 1, Hawaii County Code, relating to
affordable housing.
Accordingly, it is requested that your department and the
Hawaii Planning Commission review and approve the proposed
changes to Ordinance No. 91-21 and recommend said amendments to
the Hawaii County Council. It is further requested that the
Hawaii Planning Commission concurrently, amend SMA Permit 304
such that the conditions contained therein reflect the proposed
amendments contained herein. If you have any questions or
require any further information, please contact the undersigned.
Very truly yours,
Eric T. Maehara
ETM:lac
Enclosure
cc: SCD Kahakai, LLC
Okahara & Associates
Attn: Ms. Nancy Burns
Department of Public Works
Attn: Mr. Galen Kuba
GROSVENOR CENTER, MAKAI TOWER, 733 BISHOP STREET, SUITE 2530, HONOLULU, HAWAII 96813
„T~,,,,,,,,,o,,,,~,,,, TELEPHONE: (808) 528-5004 /FACSIMILE: (808) 531-0747
COUNTY OF HAWAII STATE OF HAWAII
ORDINANCE NO. BILL NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
AND ORDINANCE NO. 91-21 WHICH RECLASSIFIED LANDS FROM UNPLANNED
(U) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AT PUAPUAA 1ST AND 2ND,
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-20:PORTION OF 1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 91-21 is amended as follows:
"SECTION 2. This change in district classification
is conditioned upon the following: (A) the applicant,
successors or assigns shall be responsible for complying
with all of the stated conditions of approval; (B) the
applicant shall submit the required water commitment payment
for [200] 98 units to the Department of Water Supply in
accordance with its "Water Commitment Guidelines Policy"
within ninety days from the effective date of [approval of
the change of zone. The applicant shall consummate a water
agreement for the remaining 153 units with the Departments
of Water Supply and Planning within ninety days from the
date of approval of the change of zone. The zoning of the
property shall not be in effect until the water commitment
payment is accepted by the Department of Water Supply and
the water agreement is consummated] this ordinance; (C) [the
property shall be subdivided in two increments. The first
increment shall consist of a maximum of 60 contiguous acres
(exclusive of the park, school, and water tank sites and
major archaeological preservation areas) and the second
.....................~o...,,.,..
increment the remaining area. Subdivision plans may be
submitted for the second increment after development has
occurred in the first 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 second increment may be
submitted prior to the actual construction of the dwellings
in the first increment; (D) 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.] five years from
the effective date of this ordinance. Plans for necessary
infrastructural improvements, including intersection
improvements, sewer collection and transmission lines and,
if appropriate, an interim sewage treatment system, shall be
submitted in conjunction with construction drawings for
2 ~.,o,,..... o...,.......~.,..,,.k.~.,
final subdivision approval [of the first increment]; [(E)]
ADZ a drainage system shall be installed meeting with the
requirements of the Department of Public Works; [(F)]
access(es) shall meet with the approval of the Department of
Public Works. No lots shall have direct access from Kuakini
Highway or Alii Hiahwav right-of-wav. Kuakini Highway-
Kahakai access road intersection shall be improved with a
channelized intersection (and traffic signal conduits and
pull boxes] which meet with the requirements of the
Department of the Public Works. [The Kuakini Highway-
Kahakai access road intersection shall be provided with a
traffic signal as follows: 1) the design for the traffic
signal will be submitted to the Department of Public Works
for review and approval in conjunction with construction
drawings for final subdivision approval of the first
increment; 2) the traffic signal conduits and pull boxes
will be installed during construction of the Kahakai access
road intersection with Kuakini Highway. These improvements
shall be provided prior to final subdivision approval of the
first increment or as otherwise provided by Chapter 23
(Subdivision Control). A channelized intersection at the
Alii Highway-main access road intersection shall be
constructed; (G)] AFL the main access road and interior
subdivision roads shall be (provided with curbs, gutters and
sidewalk improvements and underground utilities. Interior
north-south roadways] privately owned and the improvements
shall be aubiect to the approval of the Department of Public
3 ~o.e,..,.~,
Works. Roadway connections shall extend to the [boundaries]
subiect nroDertv's southern boundary to provide connection
with existing and future roadways to adjacent properties.
[Roadway access to Kahakai Elementary School shall be
constructed prior to occupancy of the first increment
affecting lands adjacent and to the north of Kahakai School.
This roadway connection shall meet with the approval of the
Department of Public Works and the Department of Education;
(H) the Alii Highway right-of-way and associated easements
within the property shall be dedicated to the County within
six months of the date of final right-of-way determination
by the Department of Public Works. That section of the Alii
Highway within the property shall be constructed in
accordance with the requirements of the Department of Public
Works prior to issuance of final subdivision approval of the
second zoning increment or upon a determination by the
County that the roadway be constructed, whichever occurs
first; (I) should an Improvement District be implemented for
the construction of the proposed Alii Highway, the
applicant, successors or assigns shall automatically be a
participant in the Improvement District, provided, however,
that the contribution of land and the construction of
improvements can be credited towards the applicant's
Improvement District assessment. (J)] (G) IIflon the
determination of the required right-of-way of the Alii
Highway by the Department of Public Works and the comoletion
of the right-of-way subdivision by the County the applicant
4 ~„a,....,.
shall dedicate such right-of-wav and anv resulting remnants
of the subiect nronerty to the west of the right-of-wav in
fee aimole to the Countv uDOn its request The an~licant
shall make its fair share contribution for the nrovoaed Alii
Hi hwa ro'ect• H an intensive archaeological survey,
data recovery and mitigation/interpretation plan shall be
submitted for review and approval by the Planning
Department, in consultation with the Department of Land and
Natural Resources-Historic Preservation Division, prior to
submitting preliminary subdivision plans [of the first
increment] or prior to any land preparation activity,
whichever occurs first. Mitigation shall include, but not
be limited to, the preservation of Kuakini Wall with
approved buffers in the form of written easements and the
formulation of historic preservation area(s). Easements and
preservation areas shall be delineated on maps submitted for
subdivision approval. Restrictive covenants approved by the
Planning Department, in consultation with the Department of
Land and Natural Resources-Historic [Sites Section]
Preservation Division shall provide for continued
preservation and maintenance of the sites to be preserved.
The proposed subdivision shall breach Kuakini Wall at only
one point approved by the Planning Department in
consultation with the Department of Land and Natural
Resources-Historic Preservation Division; [(K)] ~Z a burial
treatment plan and detailed mitigation measures shall be
approved by the Department of Land and Natural Resources-
5 ,a,o,..,.~ ...............•.w.......
Historic Preservation Division prior to submitting
preliminary subdivision plans [for the first increment) or
prior to any land preparation activity, whichever occurs
first; [(L)) ~JZ should any unidentified sites or remains
such as artifacts, shell, bone, or charcoal deposits, human
burials, rock or coral alignments, pavings or walks be
encountered, work in the immediate area shall cease and the
Planning Department shall be immediately notified.
Subsequent work shall proceed upon an archaeological
clearance from the Planning Department when it finds that
sufficient mitigative measures have bee taken; [(M)] LZ
sewer collection and system transmission lines shall be
constructed to the Alii Drive interceptor [meeting with the
approval of the Department of Public Works. In the event
that any portion of the development is completed prior to
completion of the municipal interceptor serving the
development, the applicant shall also construct an interim
sewage treatment system, which location and design]
yrovided; however, that if the first chase of the nroiect to
the east of the Kuakini Wall contains lots with a minimum
lot size of one acre or more said lots may be serviced by
septic tanks or other method which meets with the approval
of the Departments of Public Works, Health[,] and Planning[,
and Education); [(N)] ~LZ to ensure that the Goals and
Policies of the Housing Element of the General Plan are
implemented, the applicant shall [work with the Office of
Housing and Community Development and the Planning
6 ~,.,,..,.e, ~.,~..~.....~....e.._..,.~
Department to formulate a housing plan for the development,
which shall be consistent with the interim affordable
housing policy of the County as contained in Hawaii County
Housing Agency Resolution No. 65. This housing plan shall
be approved by the County Housing Agency prior to final
subdivision approval of the first increment provided that
the applicant shall notify the County Housing Agency of any
intent to sell, lease, assign, place in trust, or otherwise
voluntarily alter the ownership interest in the property
prior to visible commencement of construction on the
property; provided, however, that Petitioner may transfer
ownership in the property to an affiliate or in a manner
consistent with prior representations to the County Housing
Agency; (O)] comoly with the reauirementa of Chanter 11
Article 1. Hawaii County Code relating to Affordable
Houaiaa; (M) the applicant shall set aside a minimum of 4+
acres of land for active recreational park use to service
the projected population of the development. The location
of the park site with minimum grassing and grading shall
meet with the approval of the Departments of Parks and
Recreation and Planning. [Further, the park site shall be
dedicated to the County within one year after the date of
receipt of final subdivision approval of the first
increment; (P)] S~ the applicant shall work with the State
Department of Education to designate a minimum of 1.7± acres
of land for purchase by and with the concurrence of the
State Department of Education. Further, the applicant shall
7 ~ ....~...,..,,,..,.w...~.~
provide its pro rata share for school facilities as may be
required by and to the satisfaction of the Planning
Department in consultation with the State Department of
Education. The pro rata share determination and its
implementation shall be approved by the Planning Department
in consultation with the Department of Education prior to
final subdivision approval; [(Q)] SOL as agreed to by the
applicant, restrictive covenants in the deeds of all the
residential lots shall prohibit the construction of ohana
dwelling units. A copy of the proposed covenant(s) shall be
submitted to the Planning Department for review and approval
prior to final subdivision approval [of the first increment].
Written assurance for implementation of this condition,
which has met with the approval of the Planning Department,
shall be submitted to the Planning Department prior to final
subdivision approval [of the first increment]. A copy of a
typically recorded covenant shall be filed with the Planning
Department within one year from the date of final
subdivision approval [of the first increment]; [(R))
comply with all other applicable laws, rules, regulations
and requirements, including those of the Departments of
Health, Water Supply, Land and Natural Resources, Public
Works, and Education; [(S)] should the council adopt a
Unified Impact Fees ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees,
conditions included herein [may, at the developers'
election, be satisfied by performance in accordance with]
8 ,a,o,...... e...~.......~....,..~,.,~.~
shall be credited towards the requirements of the Unified
Impact Fees Ordinance; [(T)] an annual progress report
shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the change of
zone. The report shall address the status of the
development and the compliance with the conditions of
approval. This condition shall remain in effect until all
of the conditions of approval have been complied and the
Planning Director acknowledges that further reports are not
required; and, [(U)] 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 applicants, successors or assigns, and
that are not the result of their fault or negligence; 2)
granting of the time extension would not be contrary to the
General Plan or Zoning Code; 3) granting of the time
extension would not be contrary to the original reasons for
the granting of the [permit]chanae in zoning; 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 applicants should
require an additional extension of time, the Planning
Director shall submit the applicants' request to the County
Council for appropriate action. [Further,] S~ Should any
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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.
SECTION 4. This ordinance shall take effect upon it
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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