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HomeMy WebLinkAboutCOM 0092.000 2018-2020Harry Kim Mayor GUUN of Pufuni'i Wil Okabe Managing Director Barbara I Kossow Deputy Managing Director (offirr of for Anv1ar 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 Dear Chair Chung and Members: SUBJECT: Change of Zone Application (REZ 17-000220) [Reference: REZ 524 & REZ 7091 Request: Amendments to Change of Zone Ordinance Nos. 09-049 and 09-050 Applicant: T & M Properties, LLC (formerly Samson, LLC) Tax Map Key: 7-5-010:013 (formerly 7-5-023:064 and 067) As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above -referenced request. SinVO, HARRY KIM Mayor' MTransCouncilT&MPropertiesUZ 17-220 Enclosures cc: Planning Department County of Hawaii is an Equal Opportunity Provider and Employer Comm. No. Ref. To: Ci Ref. Date an �: Ga c� C_— January January 17, 2019 w 0 "� z -n cr) rn ✓�'1 V �YY ire+ iirTJ Aaron S. Y. Chung, Council Chair r and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: Change of Zone Application (REZ 17-000220) [Reference: REZ 524 & REZ 7091 Request: Amendments to Change of Zone Ordinance Nos. 09-049 and 09-050 Applicant: T & M Properties, LLC (formerly Samson, LLC) Tax Map Key: 7-5-010:013 (formerly 7-5-023:064 and 067) As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above -referenced request. SinVO, HARRY KIM Mayor' MTransCouncilT&MPropertiesUZ 17-220 Enclosures cc: Planning Department County of Hawaii is an Equal Opportunity Provider and Employer Comm. No. Ref. To: Ci Ref. Date Harry Kim Mayor JAN 17 I County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: Keith F. Unger, Chair Oliver "Sonny" Shimaoka, Vice Chair Nancy Carr Smith Scott Church Perry Kealoha Michael Vitousek Faith "Faye" Yates SUBJECT: Change of Zone Application (REZ 17-000220) [Reference: REZ 524 & REZ 7091 Request: Amendments to Change of Zone Ordinance Nos. 09-049 and 09-050 Applicant: T & M Properties, LLC (formerly Samson, LLC) Tax Map Key: 7-5-010:013 (formerly 7-5-023:064 and 067) The Leeward Planning Commission, at its duly held public hearing on December 10, 2018, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance Nos. 09-049 and 09-050. The property is located along the north and east side of Hualalai Road, northwest of the Aloha Kona Subdivision, Hienaloli 4th, 5th and 6th, North Kona, Hawai `i. The Leeward Planning Commission voted to forward a favorable recommendation to the County Council for REZ 17-000220, with an added condition (Condition B) to limit development of the property to an independent senior living facility, and an added condition (Condition P) to have the applicant assess the historic features at Site 13673 and submit a report to the State Historic Preservation Division. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The subject property is a dual -zoned parcel with approximately 3.227 acres zoned RM -2.5 and about 3.240 acres zoned CV -7.5. The property is subject to two change of zone ordinances (Ord. 09-049 and 09-050) with identical conditions of approval. The applicant Hawai `i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council Page 2 requests to consolidate these ordinances into one ordinance for ease of implementation of the conditions of approval. The applicant also requests: 1) to amend Condition C of Ordinance No. 09-049 and Condition C or Ordinance No. 09-050 to allow a 5 -year time extension to complete construction of the project, 2) a new condition be included to allow for an administrative time extension; 3) to amend Condition D of Ordinance No. 09-049 and Condition D of Ordinance No. 09-050 to delay dedication of the future road widening strip to prior to receiving a Certificate of Occupancy; and 4) to amend Condition N of Ordinance No. 09-049 and Condition N of Ordinance No. 09-050 to change the due date of the fair share contribution to be due and payable prior to Final Plan Approval rather than by a set period of time. As a result of the consolidation of the prior parcels into the current parcel (TMK: 7-5-010:013), Ordinance No. 09-049 (formerly Ordinance No. 92-36) and Ordinance No. 09-050 (formerly Ordinance No. 86-49) are considered a consolidated project with similar time -related conditions. The applicant acquired the subject property in 2011 and is now proposing to develop a 104 -unit senior independent living community. Granting of the amendments would not be contrary to the original reasons for granting the rezone. The reasons for granting the original rezone has not changed, although the development plan has changed from a conventional multi -family residential development to a multi -family residential development focused on independent senior living. The applicant is simply seeking additional time to complete the development, to change the timing of when the future road widening strip lot will be dedicated to the County, and to change the timing of when the fair share payment will be made. The global economic downturn began in 2008, just before the last time extension was granted in 2009 to the former landowner. Since then the applicant has been exploring alternative uses of the property such as the proposed independent senior living units, exploring sources of construction financing and securing appropriate land use entitlements. The Director supports the applicant's request to add a condition offering an administrative time extension since it is possible it may take more than five years to secure and finalize permits, construction plans, and complete construction of the proposed development. Granting of the amendments would not be contrary to the General Plan, Kona Community Development Plan, or the Zoning Code. There have been no significant changes in the General Plan, Kona CDP or Zoning Code since the last time extension to complete construction was granted in 2009. The proposed 104 -unit multiple family residential development on the 6.467 -acre property is consistent with the current LUPAG designation of Medium Density Urban, which allows for residential density of up to 35 units per acre. The General Plan identifies Hualalai Road as a collector street that requires a minimum right-of-way width of at least 60 Aaron S.Y. Chung, Council Chair and Members of the County Council Page 3 feet. Since the Hualalai Road right-of-way is currently only 50 feet wide, Condition D of the ordinances required the applicant subdivide and dedicate a future road widening strip along the property's Hualalai Road frontage by May 2011. The Planning Director supports the applicant's request to amend Condition D because road widening strips are typically not dedicated to the County until road improvements such as pavement widening, curb, gutter and sidewalk improvements are first constructed in the road widening strip. These improvements are typically done prior to completion or occupancy of a project. The General Plan also calls for the protection, restoration and enhancement of sites, buildings, and objects of significant historical and cultural importance to Hawaii. The property has two significant historic and cultural sites: the Kuakini Wall and a burial. In 1992 the State Historic Preservation Division (SHPD) approved the former landowner's Preservation Plan, which recommended stabilization of the Kuakini wall, buffer fencing around both sites, signage near the burial, and further assessment of some of the features around the burial site. The Director recommends adding Condition O to the ordinance in order to have the applicant implement these preservation and burial treatment measures. Additionally, it is recommended that the standard condition (Condition P) be updated related to reporting inadvertent archaeological and cultural finds during construction. In a memo dated March 5, 2009, the Kona CDP Manager at the time, detennined that the request for a time extension to complete construction of the project was consistent with the objectives and policies of the Kona CDP. The applicant's proposed project will also meet Policy PUB -4.4 (Sewer Priorities) and Policy TRAN-3.4 (Retrofit of Existing Streets) of the Kona CDP by connecting the development to the County sewer system and providing improvements to Hualdlai Road fronting the property within a future road widening strip. The concurrency section of the Zoning Code states that a traffic study is required whenever a proposed development will generate over 50 peak hour trips. The applicant's November 2016 TIAR concluded the project will generate less than 50 peak hour trips and the nearby intersections will continue to operate at acceptable levels -of -service. Section 25- 2-46(m) (Concurrency Requirements) of the Zoning Code indicates that a zoning amendment application shall not be granted unless the Department of Water Supply has determined that it can meet the water requirements of the project and issue water conunitments using its existing system. The site is serviced by the County water system and the applicant had 50 water commitments that expired in February 2017. The Department of Water Supply (DWS) indicates that they cannot support more than 50 dwelling units on the property at this time. Additional water will require extensive improvements to the County water system, which may include source, storage, booster pumps, and transmission and Aaron S.Y. Chung, Council Chair and Members of the County Council Page 4 distribution facilities. The Director recommends revising Condition B to phase development of residential units with water availability, meaning since only 50 units of water are currently available the development would be limited to 50 dwelling units or its equivalent until water system improvements are made and additional water becomes available. This recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable govermnental requirements in connection with the proposed development, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with the State Department of Health regulations related to construction noise and dust, among many others. Compliance with all applicable governmental requirements is a condition of this. approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that the Planning Commission forward to the County Council a favorable recommendation to consolidate Ordinance Nos. 09-049 and 09-050 and to amend Conditions C, D and N of these ordinances and add a new condition to allow an administrative time extension. The accompanying draft bill consolidating Ordinance Nos. 09-049 and 09-050 and reflecting the recommended amendments to conditions of approval is provided for your consideration. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and housekeeping revisions. (Material to be deleted is bracketed and struck through and material to be added is underscored). We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sincerely, Keith F. Ung ,Chairman Leeward Planning Commission LT&MpropertiesREZ 17-2201pO Enclosures Aaron S.Y. Chung, Council Chair and Members of the County Council Page 5 cc: Sidney Fuke, Planning Consultant Department of Public Works Department of Water Supply DOT -Highways, Honolulu Amy Self, Esq., Corporation Counsel Planning Department - Kona BT&MPropertiesREZ524-REZ709.doc 11/26/18 COUNTY OF IIAWAI`I PLANNING DEPARTMENT ]BACKGROUND REPORT T & M PROPERTIES, LLC (formerly SAMSON, LLQ AMENDMENT TO CHANGE OR ZONE ORDINANCE NOS. 09-049 and 09-050 T & M PROPERTIES, LLC has submitted a request to amend Condition C (Complete Construction), Condition D (Dedicate Road Widening Strip), Condition N (Fair Share Contribution), and add a new condition to allow an administrative time extension, of 1) Ordinance No. 09-049, which amended Ordinance No. 92-036, which reclassified 5.52 acres of land from Unplanned (U) and Double -Family Residential - 3,750 square feet (RDL 3.75) to Multiple -Family Residential - 2,500 square feet (RM -2.5) and Village Commercial — 7,500 square feet (CV -7.5), and 2) Ordinance No. 09-050, which amended Ordinance No. 86-049, which reclassified 1.04 acres of land from Multiple Family Residential - 2,000 square feet (RM - 2) to Village Commercial ( 7,500 square feet (CV -7.5). The subject property is located along the north and east side of Hualalai Road, northwest of the Aloha Kona Subdivision, Hienaloli 4"', 5a' and 6th, North Kona, Hawaii, TMK: 7-5-010:013 (fonnerly 7-5-023:064 and 067). PROPOSED ACTION 1. Applicant's Request and Reasons: The subject property is a dual -zoned parcel with approximately 3.227 acres zoned RM -2.5 and about 3.240 acres zoned CV -7.5. The property is subject to two change of zone ordinances (Ord. 09-049 and 09-050) with identical conditions of approval. The applicant requests to consolidate these ordinances into one ordinance for ease of implementation -of the conditions of approval. The applicant also requests the following specific amendments to the current conditions of approval: Condition "C: Request a 5 -year time extension to complete construction. Condition C of Ordinance No. 09-049 and Condition C or Ordinance No. 09-050 state the same following language: "Construction of the proposed development shall be completed within five (5) years from the, effective date of this additional amendment. Prior to construction, -1- the applicant, successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code." In 2009, the County Council approved a 5 -year time extension for Condition C of these ordinances in order to give the applicant until May 11, 2014 to complete constriction. The project has not been constricted yet, therefore the applicant is requesting another 5 -year time extension to complete constriction. The applicant also requests a new condition be included to allow for an administrative time extension since due to the vagaries of the real estate market and financing, there is a chance the entire project may not be completed within five years. Condition D: Request to delay dedication of fixture road widening strip. Condition D of Ordinance No. 09-049 and Condition D of Ordinance No. 09-050 state the same following language related to dedication of the future road widening strip: "A future road widening strip along the Hualalai Road project frontage as detennined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment." In 2009 the road widening strip was subdivided from the property but has not yet been conveyed to the County. The applicant requests to dedicate the road widening strip after the improvements to the Hualalai Road frontage required in Condition E of the ordinances are completed and prior to receiving a certificate of occupancy for the proposed development. Condition N.• Request to change the due date of the fair share contribution. Condition N of Ordinance No. 09-049 and Condition N of Ordinance No. 09-050 state the same following language related to when the fair share contribution is due: "The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first." The applicant requests that the fair share contribution be due and payable prior to Final Plan Approval rather than by a set period of time since impacts to regional pubic facilities -2- will not occur until the project is actually developed. 2. Supportive Information: The applicant has submitted the enclosed in support of the request: (Planning Department Exhibits 1 - Application dated February 2017 to Amend Conditions C and N of Ordinance Nos. 09-049 and 09-050 and Exhibit 2 — Letter dated November 12, 2018 regarding Condition D) BACKGROUND INFORMATION 3. Chranology: Although a foruzer landowner obtained Final Plan Approval of the original project on June 2, 1993 and commenced construction through work within the County right-of-way for sewer improvements in September 2000 and grading work in January 2002, the development has since been abandoned. Following the February, 2005 purchase of the property by the former owner, Samson LLC, the original project concept of a commercial/hnultiple-family residential development was amended by deleting the commercial component and proposing approximately 149 multiple -family residential units. Samson LLC submitted plans for Final Plan Approval on August 14, 2008, but again the project stalled and was not developed. Final Subdivision Approval for the road widening lot was granted on March 20, 2009. As a result of the consolidation of the prior parcels into the current parcel (TMK: 7-5-010:013), Ordinance No. 09-049 (formerly Ordinance No. 92-36) and Ordinance No. 09-050 (formerly Ordinance No. 86-49) are considered a consolidated project with similar time -related conditions. The current applicant acquired the subject property in 2011 and is now proposing to develop a 104 -unit senior independent living community. 4. Ordinance No. 09-049: ® April 24, 1992: Effective date of Ordinance No. 92-36, which amended the district classification for 3.224 acres from Unplanned (U) to Multiple -Family Residential (RM -2.5) and 2.296 acres from Double Family Residential (RD -3.75) to Village Commercial (CV -7.5) to allow the construction of a commercial and multiple -family residential project on TMK: 7-5-23:63 (former TMK number). i October 12, 1995: Effective date of Ordinance No. 95-118, which amended Condition E (corrunence constriction) of Ordinance No. 92-36. -3- © November 8, 2006: Effective date of Ordinance No. 06-137, which amended Conditions D (final plan approval) and Condition E (commence constriction), to delete the commercial component and allow the development of 149 multiple - family residential units. ® May 11, 2009: Effective date of Ordinance No. 09-049, which amended Condition B (water commitment), Condition C (time extension to complete construction) and Condition L (sewer study). (See Exhibit A of Application) 5. Ordinance No. 09-050: © June 2, 1986: Effective date of Ordinance No. 86-49, which amended the district classification for approximately 1.042 acres (45,411 square feet) from Multiple - Family Residential (RM -2) to Village Commercial (CV -7.5) to allow the construction of a two-story, 15,530 -square foot office building on TMK: 7-5-023: 064 and 067 (former TMK numbers). An existing multiple -family stricture was also proposed to be converted into an office building. February 13, 1990: Effective date of Ordinance No. 90-010, which amended various conditions within Ordinance No. 86-49. G November 8, 2006: Effective date of Ordinance No. 06-138, which amended Conditions D (final plan approval) and Condition E (commence construction), to delete the commercial component and allow the development of 149 multiple - family residential units. O May 11, 2009: Effective date of Ordinance No. 09-050, which amended Condition B (water commitment), Condition C (time extension to complete constriction) and Condition L (sewer study). (See Exhibit A of Application). DESCRIPTION OF STATE AND COUNTY PLANS 6. State Land Use: Urban. 7. County Zoning: Multiple -Family Residential - 2,500 square feet (RM -2.5) and Village Commercial — 7,500 square feet (CV -7.5). 8. General Plan LUPAG Map Designation: Medium Density Urban. 9. Kona Community Development Plan: The.subject parcel falls within the Kona CDP -4- Urban Area and within the Kailua Village Redevelopment Regional Center Transit - Oriented Development (TOD) area. 10. Kailua Village Special District: The subject property is situated within the Kailua Village Special District and requires that plans submitted for Plan Approval be reviewed by the Kailua Village Design Commission (KVDC). 11. Special Management Area: The property is not situated within the Special Management Area and is approximately 1,100 feet from the nearest shoreline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 12. Subject Property: The property is currently vacant of strictures and uses. It is situated on the northeast side of Hualalai Road approximately 1,000 feet mauka (east) of the intersection of Hualalai Road and Kuakini Highway. There is a future road widening lot (Lot A-2) along the Hualalai Street frontage. The Kuakini Wall bisects the property. 13. Surrounding Zoning/Land Uses: Surrounding uses are residential and commercial. There is an assisted living facility on the property to the north, which is zoned RM -1. To the east are residences in the Aloha Kona Subdivision on lots zoned RS -10 and A -5a. Properties to the west are zoned Resort (V-1.25) and Village Commercial (CV -7.5) and contain commercial uses such as a credit union and telecommunication tower. The property located to the south, across Hualalai Road, is zoned RM -2.5 and currently vacant. 14. Flood Zone: According to the Department of Public Works (DPW), the property is within Zone X on the current effective Flood Insurance Rate Map (FIRM). Zone X is an area detennined by FEMA'to be outside the 500 -year flood plain. When DPW first provided continents on this application in May 2017, they detennined that portions of the property were within Zones AE and AO according to the Draft Keopu Hienaloli FIRM. However, the Draft Keopu Hienaloli FIRM was not adopted and the current FIRM map places the property in Zone X. The applicant will ensure that all structures will be built outside of any floodway or drainage way. 15. Flora/Fauna Resources: A formal flora or fauna survey of the property was not conducted by the applicant as the property is in an existing urban area, and therefore it is -5- unlikely to have endangered or threatened floral or faunal species. The property is also not identified as a critical habitat for endangered or threatened species. 16. Archaeological/ Cultural Resources: Two historic properties designated for preservation are located within the subject property. These include a section of the Kuakini Wall and a burial site that was identified during an archaeological inventory survey in 1990. A preservation plan for the burial site was approved by the State Historic Preservation Division (SHPD) in 1992, and a follow-up request on the status of the plan implementation was made in 1993. SHPD again requested to know whether the preservation measures had been implemented in 1996. In 2005, SHPD requested a site inspection to detennine the status of the burial site and Kuakini Wall. In a letter dated June 22, 2009, SHPD indicated a site visit was conducted and the preservation buffer fencing around the burial site was not properly in placed at the 20 -foot buffer line, additional features at the burial site were noted that need to be further assessed for historic significance, and a breach in the Kuakini Wall was made which needs to be stabilized, and protective fencing needs to be placed as a 15 -foot buffer between the wall and fencing. In their 2009 letter, SHPD recommended implementation of the interim and pennanent preservation measures in the approved preservation plan prior to initiation of constriction activities on the property. 17. Traffic: Section 25-2-46 (Concurrency Requirements) of the Zoning Code requires submittal of a traffic impact analysis report (TIAR) whenever a proposed project will generate fifty (50) of more peak hour trips. The applicant submitted a TIAR for the proposed project dated November 2016 by Witcher Engineering LLP which concluded the project will generate 14 A.M. peals hour trips and 17 P.M. peals hour trips. PUBLIC UTILITIES AND SERVICES 18. Access: Primary access to the project area is provided by Hualalai Road, a County - maintained roadway with a pavement width of 20-22 feet, in poor condition, with no shoulders, within an approximately 50 -foot wide right-of-way. The General Plan identifies Hualalai Road as a collector street that requires a minimum right-of-way width of at least 60 feet. Condition D of the ordinances required the applicant subdivide and dedicate a fiittire road widening strip along the property's Hualalai Road frontage by May 11, 2011. The previous landowner, Samson LLC, subdivided the property to create a road widening lot (Lot A-2) in 2009 but this lot has not yet been dedicated to the County. DPW recommends minor amendments to Conditions E and F regarding constriction of the left -turn storage lane and curb, gutter, sidewalk and drainage improvements along Hualalai Road, and dedication of the road widening lot after these improvements are made. 19. Water: Section 25-2-46(m) (Concurrency Requirements) of the Zoning Code indicates that a zoning amendment application shall not be granted unless the DWS has determined that it can meet the water requirements of the project and issue water commitments using its existing system. The site is serviced by the County water system. The applicant had 50 water commitments that expired in February 2017. The Department of Water Supply (DWS) indicates that they cannot support more than 50 dwelling units on the property at this time. Additional water will require extensive improvements to the County water system, which may include source, storage, booster pumps, and transmission and distribution facilities. 20. Wastewater: Kona CDP Policy PUB -4.4 (Sewer Priorities) identifies shoreline properties and properties within one smile of the shoreline as areas for the highest priority of expanding the sewer system within the Kona Urban Area. The policy states that any new subdivision within one anile of the shoreline shall either hookup to the public sewer system or provide a private treatment system, and/or install dry sewers. The policy also indicates that private wastewater collection systems within the one anile zone shall be designed and constricted to County standards to enable potential connection to the County sewer system. The subject property is located about 0.20 miles from the shoreline and therefore will be required to hookup to the County sewer system. The Department of Environmental Management Wastewater Division continues to recominend compliance with Condition L of the current ordinances, which requires the applicant to conduct a sewer study and make any necessary improvements in order to connect the proposed project to the County sewer system. -7- 21. Solid Waste: The nearest landfill is the West Hawaii Landfill at Pu`uanahulu, which was designed to serve as the regional solid waste disposal facility. 22. Utilities: Telephone and electrical services are already available to the site 23. Protective Services: All protective services are available within 5 miles of the property in Kailua-Kona. AGENCIES' COMMENTS 24. Department of Public Works (DPW)- Engineering Division: P.D. Exhibit 3 and 4 — May 22, 2017 memo and November 23, 2018 memo 25. Department of Water Supply (DWS): P.D. Exhibit 5 and 6 — May 24, 2017 memo and email dated November 9, 2018 26. Fire Department: P.D. Exhibit 7 — May 17, 2017 memo 27. Police Department: P.D. Exhibit 8 — May 12, 2017 memo 28. Department of Environmental Management -Wastewater Division: P.D. Exhibit 9 - May 2, 2017 memo 29. State Department of Health: P.D. Exhibit 10 — May 15, 2017 memo AGENCIES - NO COMMENTS/ NO CONCERNS 30. Department of Enviromnental Management- Solid Waste Division, Department of Public Works- Traffic Division, State Department of Land and Natural Resources- Engineering and Land Divisions. AGENCIES - NO RESPONSE 31. Office of Housing and Community Development, Real Property Tax Office, Kona Traffic Safety Committee. APPLICANTS RESPONSE TO COMMENTS 32. P.D. Exhibit 11: Letter dated ,Tune 7, 2017 from Sidney Fuke to Planning Department regarding DPW and DWS comments. 33. P.D. Exhibit 12: Letter dated September 10, 2018 from Sidney Fuke to Planning Department regarding DPW comments. 34. P.D. Exhibit 13: Letter dated September 18, 2018 from Sidney Fuke to Planning Department regarding DPW comments. -8- PUBLIC COMMENTS 35. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. M s Heinaloli 5TH and 6th, North Kona, Hawal i T : (3) 7-5-010: 013 Prepared For: T & M Properties, LLC Prepared By: Sidney A Fuke, Planning Consultant February 2017 Planning Dept, xbiA - - AMENDMENTS TO CONDITIONS C AND N, ORDINANCE NOS. 09-49 & 09-50 T&M PROPERTIES, LLC HEINAL.OL.I 5TH AND 6TH, NORTH KONA, HAWAII, TMK: 7-5-010: 013 I. BACKGROUND In 1986, Ordinance No. 86 49 was approved which resulted in the rezoning of a 45,411 square foot or 1.042 acre area, identified by TMK: 7- 5-023:064 and 067 from Multiple gamily (RM -2) to Village Commercial (CV --7.5). In 1992, Ordinance No. 92 36 approved the rezoning of two (2) adjoining and contiguous parcels consisting of a combined area of 240,458+/- square feet or 5.52+/- acres and identified by T IMK: 7-5-010: 013 and 7-5-023: 63. The rezoning was from Unplanned (C) to Multiple Family (RM -2.5) and Double Family Residential (RD -3.75) to Village Commercial (CV -7.5). Subsequently, those three (3) parcels were consolidated into one (1) parcel consisting of a combined area of 6.558 acres ("subject area"). Of this area, 3.224 acres are zoned Multiple Family (RM -2.5) and the balance of 3.334 acres zoned Village Commercial (CV -7.5). On November 8, 2006, Ordinance Nos. 06 137 and 06.138 were approved which amended Ordinance Nos. 86 49 and 92 36, respectively. These approvals granted a time extension for the submittal of plans and completion of the project, which at that time were for a one hundred forty nine (149) multiple family residential units. Absent any administrative time extension provision, the then landowner — Samson LLC — requested a time extension to those respective ordinances. With the enactment of Ordinance Nos. 09 49 and 09 50, a copy of which is attached as Exhibit A, time extensions were approved. Specifically, the approval was for a 5 -year extension from the effective date of the amendment for completion of the project. The new deadline was May 11, 2014. The current owner of the property, T&M Properties LLC ("Applicant"), is seeking a 5 -year time extension for completion o as new multiple -family residential project. Instead of a one hundred forty nine (149) multiple - family residential project, the Applicant intends to develop a maximum one hundred four (104) independent living facility, catering to senior citizens. . The requested extension would from the effective date of approval of the time extension ordinance. Further, because of the vagaries of the real estate market and financing, there is a chance that the entire project may not be completed within the requested five year window. As such, the Applicant is also requesting the possibility of an initial administrative extension. II. PROJECT LOCATION The subject area, consisting of 6.558 acres, is located on the north side of Hualalai Road, approximately one quarter (1/4) of a mile mauka or east of the intersection of Kuakini Highway and Hualalai Road in Kailua-Kona. The Regency at Hualalai, a skilled nursing/assisted living complex, is situated adjacent to and north of the subject site. (Figure 1) The Applicant hopes to develop a maximum of one hundred four (104) independent senior living housing project. (Figure 2) GENERALPERMITTING BACKGROUND D REZONING CONDITIONS As noted earlier, two rezoning ordinances zoned the subject 6.558 area into the Multiple Family (RM -2.55) and Village Commercial (CV -7.5). The prevailing ordinances; found in Exhibit A, are Ordinance Nos. 09 49 and 09 50. The approvals were subject to a number of identical conditions. This section will initially cover the status of the various conditions of the rezoning ordinances and re -state the specific requests. A. The applicant, successors or assigns, shall be responsible for complying with al/ of the stated conditions of approval. As noted earlier, at the time of the last time extension, the subject area was owned by Samsom LLC. The ownership was subsequently transferred to T&M Properties LLC in 2009. The Applicant intends to assume the responsibility of complying with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. The require water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred eighty (180) days from the effective date of this amendment. The subject area is already entitled to a minimum of twenty eight (28) water units for which the water facilities charge was paid. An additional twenty two (22) commitments were secured, commitments for which commitment payments were necessary for their retention. In that regard, the Applicant has paid that commitment deposit, as confirmed in a letter, dated January 5, 2017 to the applicant from the 75-5687',_ 75-223. 75-934 \, _ — ; 7r 73-230 tib' v _ e � 75-5760 S 75-146 fir..."•,. 75-181- 75-138, =; N r 4 75-5769 ��i. - ',?i• f ti' V' ' 75-579 _9C A 3 •. var a .•(� , 75 5799: ,—x- ,r z �r l r'r �s >r ro; ; 1 � , 'I .4 'i I Y � i , 75.258 75-260 `.•,� _ 5815 ,. q`. 75-5635 .7575837 0 2015x Parcel Sales 23' 75-332 armee- 0 2014 Parcel Sales a' 2013 Parcel Sales _; , p 580 1160 1740 2320 ft • I FIGURE I Z 3�It1Jl� Department of Water Supply ("DWS''). (Exhibit B) The total number of eligible water units is thus fifty (50). C. Construction of the proposed development shall be completed within five (5) years from the effective date of this additional amendment. Prior to construction, the applicant,successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. While the former applicant/owner submitted plans for Final Plan Approval on August 14, 2008, the project was never finalized. As such, the Applicant is renewing this extension request for an additional five (5) years, beginning the effective date of this amendment. D. A future road widening strip along the Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. The former developer through its surveyor, Wes Thomas Associates, submitted an application to the Planning Department on September 29, 2008 to subdivide this area. E. The applicant shall realign and provide collector street improvements to the entire project frontage along Hualalai Road consisting of, but not limited to, right-of=way and pavement reconstruction and widening with concrete curb, gutter and sidewalk, drainage improvements, street lights, signs and markings and any relocation of utilities, meeting with the approval of the Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. The Applicant will comply with this requirement. The appropriate plans for these improvements will be subs -nitted prior to or no later than in conjunction with the plans for a building permit. F. Access to Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on Hualalai Road to the subject property prior to the issuance of a Certificate of Occupancy. All sight distances to the approach shall meet the requirements of the Hawaii Statewide Uniform Design Manual (AASHTO). The Applicant will comply with this requirement. The appropriate plans for these improvements will be submitted prior to or no later than in conjunction with the plans for a building permit. G. Any utility poles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. The Applicant will comply with this requirement. Again, as with the other off-site infrastructure improvements, the appropriate plans for these improvements will be submitted prior to or no later than in conjunction with the plans for a building permit. K Any vehicular security gate shall be located a minimum of 60 feet (exclusive of gate swing) from the proposed Hualalai Road right-of-way with a turnaround on the County road side of the gate. This 60 -foot requirement shall not apply to the emergency access. The Applicant will comply with this requirement. I. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. The Applicant will comply with this requirement. It should be noted that as part of the Plan Approval process, the Applicant must submit a Department of Public Works ("DPW") approved site drainage plan prepared by a licensed engineer. Further, as part of the building permit review/approval process, civil plans relating to this requirement must also be prepared and submitted for the approval of the DPW. J. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage system shall be constructed meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. While the DPW approved a drainage calculation report for the former project on October 29, 2008, said report may have to be adjusted to reflect the revised plan. In either event, the Applicant will comply with this requirement, which is also somewhat covered by Condition I. K. A Solid Waste. Management Plan. shall be submitted to. the Department of Environmental Management prior to the issuance of a Certificate of Occupancy. The Applicant will comply with this requirement. L. The Department of Environmental Management requires the submittal of a sewer study by the applicant to the County of Hawai'i, Wastewater Division (COH-►J/WD). The sewer study is intended to define the wastewater flow contribution from the proposed development, evaluate the impact to the existing County -owned sewer system and, if necessary, propose an upgrade of the private 8 -inch sewer line serving the proposed development based on the results of the sewer study. This sewer study shall be prepared in accordance with the City and County of Honolulu Design Standards. If applicable, design plans for construction of a new sewer extension shall also be submitted to the COH-WWD for review and approval. If the private sewer line is intended to be dedicated to the County of Hawaii, as -built plans of the private 8 -inch line and details of the new connection to the sewer line shall be submitted to the COH-WWD for review and approval. - Documents shall be prepared in accordance with the Hawaii County Code, Chapter 212 — Sewers, Hawaii Administrative Rules, Title 11, Chapter 62-Wasttewater Systems, and COH-WWD Sewer Standards. The Applicant will comply with this requirement. Again, this will be done prior to or no later than submittal of plans for a building permit. M. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. This requirement will be adhered to by the Applicant and its contractors. N. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the project with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on a percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $7,383.36 per multiple family residential unit ($11,506.13 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple -family residential unit (single-family residential unit) shall be allocated as follows: 1. $3,642..00 per multiple family residential unit ($5,548.46 per single- family residential unit) to the County to support park and recreational improvements and facilities. 2. $115.11 per multiple family residential unit ($267.66 per single- family residential unit) to the County to support police facilities, 3. $354.08 per multiple family residential unit ($528.66 per single- family residential unit) to the County to support fire facilities; 4. $158.81 per multiple family residential unit ($231.45 per single- family residential unit) to the County to support solid waste facilities; 5. $3,114.36 per multiple family residential unit ($4,929.90 per single- family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultations with the appropriate agencies and approval of the County Council, provided however, that the cost of providing and constructing the improvements required in Conditions D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements. The applicant requests that this provision be slightly modified to delete the requirement of any payments within a five-year period, even if the project is not developed. This deletion would be fair for two reasons. For one, this provision is not commonly found in other rezoning ordinances; and further, in the event the project never materializes, then, the project's infrastructure impact would be zero. 6 Further, the Applicant would appreciate your.taking notice of the fact that portions of the fair share requirement relative to parks and recreation have been addressed, as noted in a letter from the Planning Director, dated November 8, 2006. (Exhibit C) O. Should the Council adopt a Unified Impact Fee Ordinance... conditions included herein shall be credit towards the requirements of the Unified Impact Fees Ordinance. At this point in time, -this is not applicable, as such an ordinance has not been passed as of this date. However, should one be applicable to the project, the ,applicant will comply. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 9, Hawai'i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. According to the Planning Director's letter of November 8, 2006 (Exhibit C), the affordable housing requirement for twenty.four (24) units has already been fulfilled. This is based on 20%. of the total units. Thus, the requirement for'the remaining units must still be addressed. The balance or eighty (80) of the maximum one hundred four (104) independent living senior housing unit project will be addressed prior to receipt of Final Plan Approval. Q. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this amendment. The report shall address the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. According the files at the Planning Department, there was no annual report filed since an update was provided by the former landowner in its November 5, 2008 request for a time extension. Accordingly, the Applicant respectfully requests that this additional time extension request be considered an update, retroactive to 2008. R. Comply with all applicable County, State, and Federal laws, rules, regulations, and requirements. This is an on-going requirement, one which the Applicant and its contractors agree to comply with. While not a condition, the ordinances also included a provision which stated that "Should any of the -conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation." No such action has been initiated, and it is the Applicant's hope that with this time extension request, there is no need for such action to be initiated by the Director. IV. Nature of Request Condition C of the rezoning ordinances required construction completion of the project within five (5) years of the effective date of the additional amendment or May 11, 2014. Inasmuch as the deadline for construction completion has passed, the Applicant is requesting additional five (5) years, beginning the effective date of the current request. Furthermore as noted earlier, because. of the need to still secure the appropriate financing (subsequent to receipt of any time extension); the need to address the multitude of conditions of the ordinance such as affordable housing, sewer evaluation and the like; and the vagaries of the real estate market relative to senior independent living housing, the applicant may not be in a position to complete the entire project within the next five (5) years. As such, it is also requesting the possibility of an administrative time extension. There is also the matter of the timing of the "fair share". As written, the condition requires its payment "prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first." Because the "fair share" assessment is impact -driven, it is understandable that its payment become due prior to the project coming on line. Thus, having it due prior to receipt of Plan Approval — which is the step prior to the building permit process — is understandable. However, having the payment tied in to a fixed time would not be reasonable. The Applicant may not necessarily be in a position to secure Final Plan Approval within a 5 year, at which time an extension may be needed. In that sense and because the project may not actually materialize or be delayed, it would not be fair to have payment be tied in to a fixed time as opposed to potential project impact. In light of the above, the Applicant requests the following conceptual amendments, with a suggested language: Condition C: Provide for a de facto time extension covering the period between May 11, 2014 to present and an additional 5 years from the effective date of this rezoning amendment to complete construction of the project. A possible language, with the bracketed [ ] items to be deleted and underscored U items to be added could be as follows C. Construction of the proposed development shall be completed within five (5) years from the effective date of this [additional] amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. New Condition S: Provide for the possibility of an administrative time extension. A possible language could be as follows: S. An extension of time for the performance of conditions within the amended ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns and 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 request for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional ear. 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Condition N: Delete the reference to require the fair share payment within a five (5) year period. A possible language, with the items to be deleted shown in [ ] follows: N. The. applicant shall make its fair share contribution to mitigate the potential regional impacts of the project with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval [or within five years from the effective date of this amended change of zone ordinance, whichever occurs first]..... The applicant understands that in its review of this request, the Director may recommend non -substantive editorial amendments (such as deleting references to the no longer applicable Special Permit) as well as others to reflect prevailing policies, code, and the Kona Community Development Plan. IV. JUSTIFICATIONS OF REQUEST In situations where a rezoning ordinance allows consideration for administrative time extensions, the request is measured against three (3) criteria. As such, absent any guidelines provided in the Planning Department rules governing time extensions, the Applicant's time extension request will be evaluated against those criteria. 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. The Applicant assumed control of the property in the latter part of 2009, subsequent to approval of the last time extension. While the Applicant cannot speak directly to the progress or lack thereof of the former owner, it can speak to its activities after it 2009. Regrettably, because of the global economic meltdown and the financial crisis that began in 2008, securing the required financing to initiate and complete the project became a major problem. Much of the attention has thus been directed towards exploring alternative uses of the property, such as now focusing on an independent senior living facility as opposed to a conventional multiple -family residential project; doing the appropriate financial pro forma for the revised project; exploring sources of construction financing; and securing the appropriate land use entitlements, such as this time extension request. Understandably, this recession was clearly something that was not within the control of the former and current Applicant and certainly not one that the Applicant and so many others anticipated. This financial crisis was something that neither the former owner nor the applicant anticipated. Although there are signs that the economy is on an 10 upswing and turning "north", time is still needed for the Applicant to. X inalize his plans, secure the financing, and address the multitude of rezoning conditions. D. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was initially rezoned, the only significant land use regulatory change was adoption of the Kona Community Development Plan ("CDP"). As such, this discussion also includes the project's relationship to the CDP. The proposed request is not contrary to the General Plan's Land Use Pattern Allocation Guide ("LUPAG") Map that defines the subject property and its immediately surrounding area for Medium Density uses. The most recent revisions to the General Plan (February 2005) did not make any changes affecting the subject site. The current designation on the LUPAG map is the same as when the subject site was initially zoned RM -2.5 and CV -7.5. The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the residential development. Relatedly, longer-term opportunities could be created largely in the form of maintenance of the private roads/landscaping within the project and the creation of a stable community. In so doing, the resultant project should add sustained revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be disposed off in the County's system along Alii Drive or in the alternative, a private State Department of Health -approved wastewater 11 system. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. Being a residential project, it should not be a noisy one. Any noise -generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. The project area is outside of any floodway. Nonetheless, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does have two (2) archaeological sites that were deemed worthy of preservation. These were remnants of the Kuakini Wall and a burial site. In a letters, dated December 4, 2008 and June 22, 2009, (Exhibit D) the State Historic Preservation Division ("SHPD") noted that a preservation plan was approved by the SHPD in 1992. It added that while an interim protection fence was found around the burial site, as required by the preservation plan, the 20 foot no construction buffer zone barrier was not established and requested that that barrier be established before any construction activity occurs. The Applicant and its contractors will comply with this requirement. Relative to the Kuakini Wall, the SHPD commented that only one (1) breach of the Wall be allowed, with the edges of the breach stabilized. Further, SHPD requested that all remaining sections of the Wall be protected during the construction phase. Likewise, this requirement will be complied with. Furthermore, work will cease if unanticipated archaeological remains are discovered. Work will resume only after proper clearances from the SHPD and/or County have been received. Being partially disturbed and within an urban environment, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As this is a residential project, it will directly fulfill the objectives of the housing element. Specifically, these include goals, among others, which Attain a diversity of socio-economic housing mix throughout the different parts of the County s Maintain a housing supply which allows a variety of choice 12 ® Improve and maintain the quality and affordability of the existing housing stock © Seek sufficient production of affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals The Plan also emphasizes that developments be mindful of an.area's Matursd beauty. In this situation, the project will be developed in a manner where it blends with the existing terrain and enhances the natural environment through the introduction of landscaping. Although the project site is in excess of 800 feet from the ocean, it is also separated by other developments from the ocean. As such, some of the usual coastal resources concern would not be pronounced. There will be no interference with shoreline access. Then, too, by hooking up into the County's wastewater system or utilizing a Department of Health -approved private packaged wastewater system, impacts to the coastal water should be minimized. There will be little impact to public facilities. The roadway and related off-site improvements to Hualalai Road, as articulated in the various conditions of approval, will be complied with. the water system will be developed in a manner meeting with the requirements of the Department of Water Supply. All required off-site improvements will be constructed by the Applicant. Schools and other public facilities are also located proximate to the site, most of them being less than five (5) miles away. Finally, in terms of the Land Use element, the pertinent goals, policies, and standards of the General Plan note the following: ® Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County ® The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment ® Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need 13 ® The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Medium Density Urban Area of the LUPAG map. It would also be compatible with the surrounding area. There are multiple -family residential and commercial zonings adjacent and proximate to the subject site. The soil of the site is classified "D" or poor. While it does have some measure of agricultural potential, as evidenced by the existing vegetation on the site, the site does not have resource that is deemed to be critical from an agricultural perspective. Furthermore, this area is bounded by urban uses. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. Relative to the Kona Community Development Plan (CDP), Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "if there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Kona CDP was developed and adopted by the Hawaii County Council on September 25, 2008. It became effective on September 10, 2008 as Ordinance No. 08.116. Subsequent to the adoption of the Kona CDP and in its review of the last time extension request, in a Planning Department memo, dated March 5, 2009, the time extension request was "consistent with the Objectives and Policies of the Kona Community Development Plan Ordinance." (Exhibit E) C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. Notwithstanding the modified conceptual change in the project — i.e., from conventional multiple -family to a more directed independent senior living housing project -, the general reasons for the Planning 14 Commission's favorable recommendation of the last.time extension, dated February 3, 2009, would apply here. (Exhibit F) However, relative to time extension requests, Section 25-2-46 of the Zoning Code outlines the "Concurrency Requirements." Specifically, it requires that traffic, potable water, and civil defense siren concerns be addressed. Relative to traffic, the Concurrency provision requires a Traffic Impact Analysis Report (`STIAR") if more than fifty (50) trips are generated by a project during the peak hours. In that regards, a TZAR, dated November 2016, was prepared by a licensed engineer. (E Dhibiz G) The TZAR noted that the project does not meet the trip threshold for a T IAR and thus, it limited its analysis to "existing conditions and the build -out conditions." The TIAR's concluded that: 1. At full build out, the level of service ("LOS") at Kuakini Highway and Hualalai Road will continue at LOS C. At Hualalai Road and Nani-Kailua Road, the LOS will continue to be at "B" for both AM/PM peaks; 2. No mitigating measures necessary; and 3. The project will have little, if any, traffic impact in the local area. It should be noted, however, that the existing zoning conditions (Conditions D, 'E, F, G, and H) include traffic mitigation in spite of the TZAR. These mitigations include, among others, the provision of additional right-of-way fronting the project site; alignment of Hualalai Road and improvement along the project's frontage with curb, gutters, and sidewalk; and provision of a left turn storage lane on Hualalai Road. On the matter of water, the project area is currently entitled to fifty (50) water units for this maximum one hundred four (104) independent living housing project for seniors. The projected water demands for an independent living facility for seniors (usually a couple) should generally not generate the need for potable water as would a typical family of four (4). As such, the Applicant intends to provide a water usage calculation study to the DWS for the project. Such a study should help determine the realistic amount of water units required for this project. Based on this study, the Applicant will adjust, if necessary, the number of units for this project. A rezoning condition to that effect could also be added to that effect. 15 Finally in the area of civil defense sirens, there is a siren within earshot of the subject site. It is thus maintained that the reasons used to support the existing rezoning also apply to the requested time extension. Further, the concurrency requirements for rezoning time extension can be addressed and, if needed, the project can and will be modified in accordance with the amount of water deemed to be suitable and available for this project by the DWs. 16 EXHIBIT A AND COUNTY OF HAWA161 ': STATE OF HAWAI'l �BILLI\TO. .(DRAFT 2) ORDINANCE NO. 09 AN ORDINANCE AMENDING ORDINANCE NO. 06 137, WHICH AMENDED ORDINANCE NO. 95 118, WHICH AMENDED ORDINANCE NO. 92-36, WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) AND DOUBLE -FAMILY RESIDENTIAL — 3,750 SQUARE FEET (RD -3.75) TO MULTIPLE FAMILY RESIDENTIAL — 2,500 SQUARE FEET (RM -2.5) AND VILLAGE COMMERCIAL — 7,500 SQUARE FEET (CV -7.5), RESPECTIVELY, AT MNALOLI 4TH AND 5TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-10:PORTION OF 13 (FORMERLY 7-5-23:63). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION ION 1. Section 2 of Ordinance No. 06 137 is amended as follows: A. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [nineV '�] one hundred eighty (18 0) days from the effective date of this amendment. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this additional amendment. Prior to construction, the applicant, successors, or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai°i County -1- D. A future road widening strip along the [Hualalaii Hualalai. Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. E. The applicant shall realign and provide collector street improvements to the entire project frontage along [Hualalai] Hualalai Road consisting of. but not limited to, right-of-way and pavement reconstruction and widening with concrete curb. gutter and sidewalk, drainage improvements, streetlights, signs and markings and any relocation of utilities, meeting with the approval of the Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. F. Access to [falai] Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on [14aalaJa] Hualalai Road to -2- the subject property prior to the issuance of a Certificate of Occupancy. All sight distances to the approach shall meet the requirements of the Hawaii Statewide Uniform Design Manual (AASHTO).. G_ Any utility poles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. H. Any vehicular security gate shall be located a minimum of 60 feet (exclusive of gate swing) from the proposed [lam] Hualalai Road right-of-way with a turnaround on the County road side of the gate. This 60 -foot requirement shall not apply to the emergency access. I. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. J. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage system shall be constructed, meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management prior to the issuance of a Certificate of Occupancy. L. The pfe�eet shall eennec4 to the GeuiAyse the of-theDepartment ofE- ir-an nta vn Tl^ e^*. The Department of Environmental Management requires the submittal of a sewer study by the applicant to the County of Hawai'i Wastewater Division (COH-WWD). The sewer study is intended to define the wastewater flow_ contribution from the proposed development evaluate the impact to the existing County -owned sewer system and if necessary propose an upgrade of the private 8 -inch sewer line serving the proposed development based on the results of the sewer study. The sewer study shall be prepared in accordance with the City & County of Honolulu Design Standards If applicable design plans for construction of a new sewer extension shall also be submitted to the COH-WWD for review and approval. If the private sewer line is intended to be dedicated to the County of Hawai'i as -built plans of the Private 8 -inch line and details of the new connection to the sewer line shall be submitted to the COIH-WWD for review and approval Documents shall be prepared in accordance with Hawaii County Code Chapter 21 — Sewers Hawaii Administrative Rules Title 11, Chapter 62 — Wastewater Systems and COH-WWD Sewer Standards, M. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. N. The applicant shall make its fair share contribution to mitigate the.potentiai regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually -4- beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCP 1) The fair share contribution shall have a maximum combined value of [%-,653401 $738336 per multiple family residential unit O 3 e� Fez ata ,.�69-�� _71 � $11,506.13 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple -family residential unit (single family residential unit) shall be allocated as follows: p'-281.93] $3,642.00 per multiple family residential unit ([$44,9"11 $5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [8103:-7-3] $115.11 per multiple family residential unit ([$341-.20] $267.66 per single family residential unit) to the County to support police facilities; 3. [&319-.P] $354.08 per multiple family residential unit ([8476-3 1 $528.66 per single family residential unit) to the County to support fire facilities; 4. [9144.-n] $158.81 per multiple family residential unit ([$2W.57] $231.45 per single family residential unit) to the County to support solid waste facilities;- 5. acilities; 5. [ ] $3,114.36 per multiple family residential unit ([&4-,�j $4,929.90 per single family residential unit) to the County to support road and traffic improvements. -5- In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, tire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council; provided however, that the cast of providing and constructing the improvements required in Conditions D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements. J O. Should the Council adopt a Unified Impact pees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. Q. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this amendment. The report shall address the status of tiie development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. I R. Comply with all applicable County, State and Federal laws, rules, regulations and requirements. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 2. Material to be deleted is bracketed and struck through, and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. Kona , Hawai`i Date of Introduction: April 8, 2009 Date of 1st Reading: April 8, 2009 Date of 2nd Reading: April 22, 2009 Effective Date: May 11, 2009 KLFERENCE COO= INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAN -7- .P 4 14 B s . Q oo. �-� Vlfd p (U) yid .fy�4�t..E� i'°ft4vilLY �g 17�6d��� f��x►91tL�' ! Vjt .LjAA30 4LmwMMW(4Z=tAL QCY --719 Py'�l.f�.tl Tw. &Ztdb Kq?41 "7;P"4-fmu .9 ! 41-11 AMEFaan4-1 v-4 r-� f _NIW THE D �Amallome; eu ION am -S,7 QVORTH -T-<DWA'ZONEN MAP) AND mcTION -20- CKPOLUA UNMAN -20HU MAP) PMTIeLM CH^P WR 'a(micitmamG coDr=) oF- -rmm m^vm^ii cou T7 CODW / CHFr K`81146 "rHV V M=T Ct. AWVI1=1CATION FIROM UNPLANNED (U) "ro MULTi e FAMILY VtS9lV*SAL (mm --a.$) Ar'40 ter- VOUSLU- MiL-rE-Z1DEN- IAL MV -P - 7s) TO 5TH, NORTH KONAf H/-%V4AJl. i�i��:y3.�s�ffi� 8�' Y = pl.:d41v1-fiP`la� I�E'1?��,T4*i�1T ��iY'T7 s;?l°` tfl�lMt�f� EXHIBIT "A7 E 1Z f F�1.1A1,,:�L�4P T'Rofi4F47!'s9, iN�^•j . A (SAMSON LlC) - - - ,tau►., t �► � 34 � OFFICE OF THE COUNTY CLERK County of Hawaii Kona. Hawaii rrN__.a n, V1110 PInV 19 Rill 7 1_11 introduced By: Brenda Ford Date Introduced: April 8, 2009 First Reading: April 8, 2009 Published: April 17, 2009 REMARKS: Second Reading: April 22, 2009 To Mayor: April 30, 2009 Returned: May 12, 2009 Effective: May 11, 2009 Published: May 19, 2009 REMARKS: I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPU CO PORATION COUN EL_ ,r��.." COUNTY OF HAWAII Date i l! MAY - 0 2009 C UNTY CLERK day Bill No.: 30 (Draft 2) C-146.3/PC-22 Reference: Ord No.. 49 ROLL CALL VOTE ; -tai 'ES NOES.,"' &BS EX i 1ti�; �r•. % r;.• Enriques X Ford , x Greenwell X Hoffmann x Ikeda X Naeole x Onishi X Yagong X Yoshimoto x 7 r 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPU CO PORATION COUN EL_ ,r��.." COUNTY OF HAWAII Date i l! MAY - 0 2009 C UNTY CLERK day Bill No.: 30 (Draft 2) C-146.3/PC-22 Reference: Ord No.. 49 ROLL CALL VOTE AYES NOES ABS EX Enriques x Ford x Greenwell x J Hoffmann . x Ikeda x Naeole x Onishi x Yagong X Yoshimoto X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPU CO PORATION COUN EL_ ,r��.." COUNTY OF HAWAII Date i l! MAY - 0 2009 C UNTY CLERK day Bill No.: 30 (Draft 2) C-146.3/PC-22 Reference: Ord No.. 49 - by C.U T OF HAWAVI 3' r X 'g STATE OF HAWAPI BILL NO. 31 0RDINA CE NCS. � (DP1FI Z) AN ORDINANCE AMENDING ORDINANCE NO. 06 135, WHICH AMENDED ORDINANCE NO. 90 010, WHICH AMENDED ORDINANCE NO. 86 49, WHICH RECLASSIFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL — 2,000 SQUARE. FEET (RM -2) TO VILLAGE COMMERCIAL — 7,500 SQUARE FEET (CV -7.5) AT HIENALOLI 5' AND 6TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-10:PORTION OF 13 (FORMERLY 7-5-23:64 AND 67). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI` l: SECTION I. Section 2 of Ordinance No. 06 138 is amended as follows: A- The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; 8. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [ninety (90)] one hundred eighty (180) days from the effective date of this amendment. C- Construction of the proposed development shall be completed within five (5) years from the effective date of this additional amendment. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code [Aithia two ( ar-s of the ef€ee-tivedate eft amendment. Plans sha4l -1- -1 - =0 za E- D. A future road widening strip along the [Hae Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. E. The applicant shall realign and provide collector street improvements to the entire project frontage along [Nue4akd] Hualalai Road consisting of, but not limited to, right-of-way and pavement reconstruction and widening with concrete curb, gutter and sidewalk, drainage improvements, streetlights, signs and markings and any relocation of utilities, meeting with the approval of the Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. F. Access to [Huai-] Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on [R4ala1] Hualalai Road to the subject property prior to the issuance of a Certificate of Occupancy. All sight distances to the approach shall meet the requirements of the Hawaii Statewide Uniform Design Manual (AASHTO). IN G_ Any utility poles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised)_ The applicant shall provide any necessary easements for installation of such utilities. L H. Any vehicular security gate shall be located a minimum of 60 feet (exclusive of gate swing) from the proposed [Muelalg] Hualalai Road right-of-way with a turnaround on the County road side of the gate. This 60 -foot requirement shall not apply to the emergency access_ I. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties_ J. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage system shall be constructed, meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management prior to the issuance of a Certificate of Occupancy. b The Department of Environmental Management requires the submittal of a sewer study by the applicant to the County of Hawaii Wastewater Division (COH-WWD)The sewer study is intended to define the wastewater flow contribution from the proposed development; evaluate the impact to the existing County -owned sewer -3- system and if necessary, propose an upgrade of the private 8 -inch sewer line serving the proposed development based on the results of the sewer study. The sewer studv shall be prepared in accordance with the City & County of Honolulu Design. Standards If applicable design plans for construction of a new sewer extension shall also be submitted to the COH-W WD for review and gpproyal. If the private sewer Iine is intended to be dedicated to the County of Hawai'i, as -built plans of the private 8 -inch line and details of the new connection to the sewer line shall be submitted to the COH-WWD for review and a roval. Documents shall be re aced in accordance with Hawai'i Count Code Chapter 21 Sewers Hawai'i Administrative Mules Title 11 Chapter 52 — Wastewater Systems, and C014-WWD Sewer Standards. M. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken_ N. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five nears from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in -- a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance; I based on the percentage change in the Honolulu Consumer Price index (HOPI). The fair share contribution shall have a maximum combined value of [$6��65-344] s7,383.35 per multiple family residential unit 511,506.13 per single family residential unit). The total amount shall be determined by the actual number oftuaits according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple -family residential unit (single family residential unit) shall be allocated as follows: 1. [&3 3•] 53,642.0 per multiple family residential unit ([S4,o�99-.4] 55,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2_ [&M--7-3] X115.11. per multiple family residential unit $267.66 per single family residential unit) to the County to support police facilities; 3. [ ] 5354.08 per multiple family residential unit ([tel] $528.66 per single family residential unit) to the County to support fire facilities; 4. [&14244] 5158.81 per multiple family residential unit ([$208--57] 5231.45 per single family residential unit) to the County to support solid waste facilities: 5. [S2,��,06--46] $3,114.36 per multiple family residential unit ([$4,442M] $4,929.90 per single family residential unit) to the County to supportroad and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvementsifacilities related to parks and recreation, fire, -5- police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council; provided however, that the cost of providing and constructing the improvements required in Conditions D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements. O. 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance; P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. Q. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this amendment. The report shall address the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. R. Comply with all applicable County, State and Federal laws, rules, regulations and requirements. M Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 2. Material to be deleted is bracketed and struck through, and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBEk, COUNTY OF HAWAII Dona , Hawaii Date of Introduction: April 8, 2009 Date of 1st Reading: April 8, 2009 J Date of 2nd Reading: April 22, 2009 Effective Date: May 11, 2009 REFERENCZ gym. 146.4 -7- ENOMEENT mu -Lrl to t_c— 1=^Nl a %-Y ReS=WN-rj.At_ To VIL-L.^:Ise z W. ENOMEENT •p4milt. .1-W aid THE ZONIN& COME AMSNOINS SgCTII*N -2S-13Z (KA -,IL U^ WIRSAN -ZONL= MAID) Aomcum a$ CHAPTMIR -AS VZONtNO DOOM) CP 7HC- HAINAII COUNTY C1000, ES -Ir CHANGINO THE IDIS-rRICT FROM mut.-riPL-e F=Ar%fIuy tRe'si- -ro VILLAGS COMMC-RCIAL (CV -77-t5) AT HIMNA\LOLI 5TH ^PqD GTH. NORTH I-CON.41k, H^kNAol. PRmI,*Am,-=C> a -r ; CCU?,47-r Mr- HAWAII SAMSON LTA 7MK'- 7 -g -M:32=4 -4-NO.127 JAN. --?Z, MeZ mu -Lrl to t_c— 1=^Nl a %-Y ReS=WN-rj.At_ To VIL-L.^:Ise •p4milt. .1-W aid THE ZONIN& COME AMSNOINS SgCTII*N -2S-13Z (KA -,IL U^ WIRSAN -ZONL= MAID) Aomcum a$ CHAPTMIR -AS VZONtNO DOOM) CP 7HC- HAINAII COUNTY C1000, ES -Ir CHANGINO THE IDIS-rRICT FROM mut.-riPL-e F=Ar%fIuy tRe'si- -ro VILLAGS COMMC-RCIAL (CV -77-t5) AT HIMNA\LOLI 5TH ^PqD GTH. NORTH I-CON.41k, H^kNAol. PRmI,*Am,-=C> a -r ; CCU?,47-r Mr- HAWAII SAMSON LTA 7MK'- 7 -g -M:32=4 -4-NO.127 JAN. --?Z, MeZ L, OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii (Draft 2) Introduced By: Brenda Ford Date Introduced: Apri 1 .8 , 2009 First Reading: April 8, 2009 Published: April 17, 2009 Greenwell REMR RhS: Hoffmann Second Reading: April 22, 2009 To Mayor: April 20, 2009 Returned: May -12, 2009 Effective: May 11, 2009 Published: May 19, 2009 REM,4 RKS_ �.Ah1 Y- S NOES ABS EX Enriques AYES NOES ABS EX Ford X Ford Green -well X Greenwell X Hoffmann X E Ikeda r Naeole I hlaeole X X Onishi X Yoshimoto X Yagong X B 1 0 0 Yoshimoto X 7 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated, above. APPROVED AS TO �- FORM TD LEGALITY: /� COUNCIL CHAIRM,4N _ I DEPUTY qbkpkATioN COU SEL. O Date COUNTY F HAWAII MAY _ Q 2009 COUNTY CLERK r31 (Draft 2 ) BillNo;: �--1 C-146.4/PC-23 - d�, Reference: 20 17 • Ord No.: 09 so 111 ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X B 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated, above. APPROVED AS TO �- FORM TD LEGALITY: /� COUNCIL CHAIRM,4N _ I DEPUTY qbkpkATioN COU SEL. O Date COUNTY F HAWAII MAY _ Q 2009 COUNTY CLERK r31 (Draft 2 ) BillNo;: �--1 C-146.4/PC-23 - d�, Reference: 20 17 • Ord No.: 09 so 111 EXHIBIT B DEPARTMENT OF WATER SUPPLY LETTER JANUARY 5, 2017 DEPARTMENT OF WATER SUPPLY 345 KEKUANAO'A STREET, SUITE 20 TELEPHONE (808) 961-8050 . January 5, 2017 Mr. C.A. Thompson 4257 South Tecoma Trail Gold Canyon, AZ 85118 Dear Mr. Thompson: Subject: Water Commitment Deposit Change Of Zone Ordinance No. 06 137 (REZ 709) Change Of Zone Ordinance No. 06 138 (REZ 524) Applicant — Samson LLC Tax Map Key 7-5-010:013 COUNTY OF HAWAVI HILO, HAWAII 96720 FAX (808) 961-8657 This is to acknowledge receipt of $19,800.00, representing a water commitment time extension for twenty-two (22) additional units of water through the subject Change of Zone Ordinances. Receipt No. 285634 is enclosed for your records. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for twenty-two (22) additional units of water with an average daily usage of 400 gallons, per unit, is hereby granted until February 28, 2017, with the following conditions: 1. Install a service lateral that will accommodate an appropriately -sized meter to the additional lot. 2. All existing services shall be shown on the construction plans and noted thereon that they shall be cut and plugged at the main. 3. Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 4. Remit the prevailing facilities charge balance, which is subject to change, as shown below: FACILITIES CHARGE (FC): Twenty-eight (28) existing units FC paid $0.00 Twenty-two (22) additional units @, $5 500.00/unit $121,000.00 Total FC $121,000.00 WATER COMMITMENT DEPOSIT CREDIT: Twenty-two (22) additional units a. $150.00/unit, paid eight (8) times $26,400.00 FC Balance $94,600.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final approval being granted. ... Nater Our lost (Precious Xesource ... Xa WaiA ?bane ... The Department of Water Supply is an Equal Opportunity provider and employer. . Mr. C.A. Thompson Page 2 January 5, 2017 5. For your information, water commitment deposits are credited towards the final facilities charge for the development. Note that the total water commitment deposits paid may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 6. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. Should you have any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager -Chief Engineer. TS:dfg Enc. copy — Planning Department -iMr. Sidney Fuke, Planning Consultant EXHIBIT C 3 Harry Kim 11 Mayor -4 OF d• �d grE•6 AP, GaunfV of Xaa aii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • FAX (808) 961-8742 November 8, 2006 Mr. Eric Leutenecker c/o Steven S.C. Lim, Esq. Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, HI 96720. Dear Mr. Leutenecker: SUBJECT: SAMSON LLC Christopher J. Yuen Director Brad Kurokawa, ASLA LEED® AP Deputy Director This letter sets out our agreements regarding the way that the affordable housing condition P and the fair share contribution for parks, condition N, will be handled in the rezoning ordinances, Bills 321 and 322, which passed second and final reading at the county council on October 31, 2006. The need to come to an agreement arises from the fact that the project covered by these ordinances had made payments earlier in support of affordable housing and parks, and there is a need to give appropriate credit for these prior contributions. The time extension has the effect of reinstating the affordable housing and parks requirements. This development involves a somewhat unusual situation in that the payments were made so long ago. 1. Affordable Housing. Your predecessor in interest made payments totaling $75,200, the last payment being June 8, 1994. At that time, affordable housing requirements were calculated as 10% of the total units, and it was the understanding that these payments represented the in -lieu payment for 48 units, representing the in -lieu equivalent of 4.8 affordable units. The current affordable housing ordinance, Chap. 11 of the Hawaii County Code, has a 20% affordable housing requirement. Therefore, the past payments will be considered to cover the affordable housing requirement for the first 24 units developed on the property, because the previous payment covered the in -lieu equivalent for 4.8 affordable units, which would be the current requirement for 24 market units. In other words, the first 24 units may be offered at the developer's chosen market Hawaii County is an Equal Opportunity Provider and Employer. I Mr. Eric Leutenecker c/o Steven S.C. Lim, Esq. Carlsmith Ball LLP Page 2 November 8, 2006 price without any affordable housing requirement. Thereafter, the developer must satisfy the current affordable housing requirement for any units, per Chapter 11. 2. Parks. Your predecessor in interest paid $50,907.31 as a fair share assessment for parks, based upon a prior calculation of an in -lieu fee, on April 18, 1994. The current fair share assessment for multi -family dwellings is higher. We will credit this amount, plus simple interest at 4.5% per annum, from April 18, 1994, to Oct. 31, 2006, against your fair share requirement for parks. The amount of the credit against the fair share requirement of Condition "N" shall therefore be $79,614.69, which shall be applied against the first units to be completed. Thereafter, the units will be assessed the current fair share requirement for parks. Please sign and return the attached copy to indicate your agreement with the foregoing. Sincerely; CHRISTOPHER J. YJEN Planning Director CJY:pak Wpwin60/Chns2/Samson LLC agreement Attachment APPROVED: SAM 01\ LC By Its z:; vi:,.%. D ate:I T-:, . J 11 r _ . lx C114 a DECEMBER 4, 2001 ,- JUNE 22, 2009 '.:iia L"ALINGLE GOVERNOR OF RAWAII June 22, 2009 'Tl:: `til i'4 -(•i int'" ..f'a rI k:51 �% � ^��i 1• �Q STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 LAURA EL THIELEN CRALRPF]SON HOARD OF LAND ANO NATURAL RESOURCES C01INIUMI ON ON WATER RESOURCE l Wl/ GEMENT RUSSELLY.TSUR MST DEPUTY KEN C. KAWAHARA DEPUTY DIRECTOR- WATER AQUATIC RESDURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RFSOURCE),1ANAGESIENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT RHOM FORESTRY AM) WILDLIFE HISTORIC PRESERVATION KA)IOOLAWE ISLAND RESERVE COIIMISSIO)f LAAD STATERARKS Steven S. C. Lim, Esq. LOG NO: 2009.2433 Carlsmith Ball LLP _ DOC NO: 0906TD07 P.O. Box 686 -- _-- _Archaeology Hilo, HI 96721 Dear Mr Lim: SUBJECT: Chapter 6E-42 Historic Preservation Review - Amendment to a Change of Zone Ordinance 06-137 & 06-135 (REZ 709, Docket Ref. No. 91-000003; REZ 524, Docket Ref. No. 55-00034) Hienaloll Ahupua a, North Kona District, Island of 1Hawari ITll1K: (3) 7-5-10:13 (Por.) This is a follow up of our letter to Christopher Yuen dated December 4, 2008 regarding the historic preservation status of the subject residential condominium project. In our prior letter, we requested an opportunity to conduct a site visit to determine the condition of two historic properties that were designated for preservation within the project area, The applicant contacted our office in April and SI1PD staff visited the project area May 20, 2009. The preservation sites include a section of the Kuakini Wall (SIHP Site 7276) and a burial site that was identified during inventory survey in 1990. (SIHP Sitel3673). The preservation plan for the burial site, approved by our office in 1992, stipulated a 10 -foot no excavation buffer and a 20 -foot no construction buffer. During the May 20 site visit, an interim protection fence was observed around Site 13673; however it does not appear to be at the 20 -foot no construction buffer zone line. We request that prior to initiation of construction work on the site, the protective fencing be adjusted around Site 13673 so that it _ follows the 20 -foot buffer line. During the May 20 site visit, we also noted the presence of what appear to be additional features at Site 13673. It is uncertain whether these features are remnants of the original platform that was at the site (which was supposedly reconstructed), or are new features that were not recorded or tested during the 1990 survey. The general area of Site 13673 will need to be further assessed to determine the origin of these additional features, and they will possibly need to be documented prior to ground alteration in the vicinity of this site. The approved preservation plan states that the Kuakini Wall will be preserved and stabilized, with the exception of a single breach for a proposed roadway. During the May 20 site visit, it was determined that the breach has been made in the wall. The edges of the breach will need to be stabilized on both sides and all remaining sections of the wall will need to be protected during additional construction activities- At this time, there is no protective fencing along the wall to indicate that it is in preservation status. We request that prior to initiation of construction work on the site, interim protective fencing is installed along both sides of the intact portions of the Kuakini Wall. The protective fending should be -set at with 15 -foot construction buffer between the wall and the fencing. 'I.- 054059 We will be requesting either a site visit by our staff, or a written statement from an archaeologist, to verify that the fencing around both sites is correctly in place, and the questions regarding Site 13673 are addressed prior to recommending approval of a grading permit for this project. Please contact Theresa Donham at (808) 933-7653 if you have any questions regarding this letter. - Aloha, c Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager v State Historic Preservation Division cc: Bobby Jean Leithead-Todd, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Analu K. Josephides, Culture Historian, SHPD 40 Po'okela Street, Hilo, Hawaii 96720 � .. •atiurFscr�=�� DIRECTOR- 4c. ori OEP[TFY _..--- ----.. O Pvr Z,_ LONG RA+.tlGE DtiRS;Q PLANNER SPORT RANGE DIvIsSU,,j 1PLRNtdE7 0RAFiTNGS2CTiiiHl 5-" DRAFTStd1.4N 010 tPv CCiLI,} c '. LENT �'' :111TE L] f+;ULSTlGA7 c ME @ REPORT uRI�iTREPLY 0 RECJMMENDATfOlJ 4}=41 LINDA MINGLE GOVMMOR OF AAwAIl pe— STATE OF HAWAII �aW Of DL.PAURT V EEE T OF LAND AND N_kTUR L RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKrLA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 December 4, 2009 Christopher Yuen, Planning Director County of Hawaii Planning Department 101 Pau ahi Street, Suite 3 Pilo, Hawaii 96720-4224 Dear Mr. Yuen: LAURA N.TH[E.ES CHALRI MMN SOA ED OF LAND AND KAnW1 RESOURCES COMMISSION oR WATER RMURCc MA\'AGE3fENT RUSSF Lr•.Tsun F. DEP= KEN C KAWAHARA DEPM ==k- AQCATIC RESOURCES BOATING A'D ccE.1v FSR& ,a. SURF -L' OF CONVEYANCES COI.C1S 10.V ON WATER RESOURCE NLA EgE1T CONSTlI\'A 'TON AND COASTAL LAA'OS CONSEP.VASTOi� A?D R=SOURCES EAFORCE �T.T .O'MRJ FRESD `.tRLDf'0N A15tII7JC Fd'cS'c.°YATiDi: _/'30G,A WE JsLN.'O RESERVE CLSMI_SIQN LAND SLAT _K5 LOG NO: 2008.5204 DOC NO: 00112TD02 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review - Amendment to a Change of Zone Ordinance 06-137 St 06-138 Request for Time Extension, Final Plan Approval and Completion of Construction Hienaloli Ahupua'a, North Dona District, Island of Hawai i ` MK: (3) 7-5-10:13 Thank you for requesting our comments on a petition from Samson LLC for an extension of two years for final plan approval and five years for completion of construction at the subject property. The c. 5.5 -acre project (formerly named Hualalai Gardens) will consist of residential condominiums with a village/commercial area. Two historic properties designated for preservation are located within the project area_ These include a section of the Kuakini Wall and a burial site that was identified during inventory survey in 1990 (SIHP Site13673). The preservation plan for the burial site was approved by our office in 1992, and a follow-up request on the status of the plan implementation was made in 1993 (Log No. 10239, Doc No. 9312EA07). In a second follow-up letter (1996) we indicated that the agreed-upon burial preservation measures had not been implemented (Log No. 16732, Doc No. 9603PM08). In 2005, we requested that a site inspection be conducted either by our office or by a consultant to determine the status of this burial site and the Kuakini Wald. We have no records of a response to our request (Log No. 2005.0008, Doc No. 0501MM02). We believe that the subject amendment will not directly have an effect on historic properties. However, due to the substantial amount of time that has passed since the preservation sites have been checked in the field (13 years), we are concerned that they are not adequately demarcated and that inadvertent damage could occur when construction activities are reinitiated. We therefore request that the amendment be approved with the condition that our office be contacted and given the opportunity to conduct an inspection of the preservation areas prior to the re-initiation of construction activities. At that time, we may request that interim preservation measures be implemented, if not in place, to ensure the protection of the sites during construction. Permanent preservation measures will need to be completed in a timely manner as well. Please contact Theresa Donham at (808) 933-7653 if you have any questions regarding this letter, and to arrange for a site inspection. Aloha, Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division cc: Steven S.C. Lim Carlsmith Ball LLP P.O. Box 686 Hilo, HI 96721 1 a EXHIBIT E William P.Kenoi Mayor 4� BJLeithead Todd Planning Director County ®f Hawaii � r PLANNING DEPARTMENT Aupuni Center 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 March 5, 2009 MEMO To: Norman Hayashi, Planning Program Manager From: Nancy Pisicchio, KCDP Project Manager RE: Consistency with KCDP Change of Zone Ordinance NOS. 06 137 and 06 138 Amendment to Condition C _ Tax Map Key: 7-5-10 Por. 13 This application for a request extension of time for Condition C for both Ordinances is consistent with the Objectives and Policies of the Kona Community Development Plan Ordinance. Hawai'i County is an equal opportunity provider and employer EXHIBIT" 1:r County.161 PLANNING COMMISSION Aupuni Center ® 101 Pauahi Street, Suite 3 a Hilo, Hawaii 96720 Phone (808) 961-8288 o Fax (808) 961-8742 February 3, 2009 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Ordinance No. 06 137 (REZ 709, Docket Ref. No. 91-000003) Change of Zone Ordinance No. 06 138 (REZ 524, Docket Ref. No. 85-000034)_ Applicant: Samson LLC Request: Amendment to Condition C of Ordinance Nos. 06 137 and 06 138 Tax Map Key: 7-5-10:portion 13 The Planning Commission at its duly held public hearing on January 22, 2009, reviewed and acted on the above -referenced requests for: (1) a time extension to Condition C (Final Plan Approval and Completion of Construction) of Ordinance No. 06 137, which rezoned 3.224 acres of land from Unplanned (U) to Multiple Family Residential — 2,500 square feet (RM -2.5) and 2.29 acres of land from Double Family Residential — 3,750 square feet (RD -3.75) to Village Commercial — 7,500 square feet (CV -7.5) and (2) a time extension to Condition C (Final Plan Approval and Completion of Construction) of Ordinance No. 06 138, which rezoned 45,411 square feet of land from Multiple Family Residential — 2,000 square feet (RM -2) to Village Commercial — 7,500 square feet (CV -7.5). The property is located along the north side of Hualdlai Road and adjacent to the Aloha Kona Subdivision, Hienaloli 4th and 5th, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: The applicant requests an extension of time to Condition C (Final Plan Approval and Completion of Construction) of Ordinance Nos. 06 137 and 06 138. Condition C of both ordinances state: Hawai `i Cocinty is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 "C. Construction of the proposed development shall be completed within five (5) years from the effective date of this amendment. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25- 2-70, Chapter 25 (Zoning Code), Hawaii County Code within two (2) years from the effective date of this amendment. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and are not the result of their fault or negligence. The applicant states "the recent global, national and local economic picture has undergone historic changes, which has proved even more significant for the real estate development business. As a result of these events, the project funding sources have decided to temporarily hold -off on firm commitments, thus preventing the applicant from securing the financing necessary to obtain Final Plan Approval and payment of the fair share contributions under Ordinance Nos. 06 137 and 06 138." The applicant anticipates that the financial markets will stabilize in the near term, allowing them to continue with the development of the project. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan LUPAG Map designates the area as Medium Density Urban. The property is zoned Multiple Family Residential (RM- 2.5) and Village Commercial (CV=7.5), which allows for multiple family residential uses. Both zoning designations are consistent with the existing General Plan designation for this area. All essential utilities and services are available to the site. Compliance with all other conditions of Ordinance Nos. 06 137 and 06 138 are still required. Based on the above findings, the proposed amendment to Condition C of Ordinance -Nos. 06 137 and 06 138 is not contrary to the original reasons for approving the Change of Zone. In addition, the Planning Director recommends that existing conditions in the ordinances be revised to reflect the current standard language for conditions of approval. For your favorable consideration, amendments to Ordinance Nos. 96 137 and 96 138 are transmitted. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, "4_ Rodney V1 tanabe, Chairman Planning Commission Ls amsonrez709 &524PCO2 Enclosures cc: Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources -HPD DOT -Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel EXHIBIT G TRAFFIC IMPACT ANALYSIS REPORT TRAFFIC IMPACT ANALYSIS PROPOSED INDEPENDENT LIVING FACILITY HIENALOLI 4TH, NORTH KONA, HAWAII TMK (3) 7-5-010:013 NOVEMBER, 2016 PREPARED FOR:. BRIAN R. COOK DEVELOPMENT, INC. .� E. LtC�NSED �-p PPO��SairJVP,L LIC. EX'a No. 85 THIS WORK WAS PREPARED BY ME OR UNDER MX SUPERVISION PREPARED BY: WITCHER ENGINEERING LLP P.O. BOX 4692 CAMP VERDE, AZ 86322 (928) 554-1312 1) TABLE OF CONTENTS I. INTRODUCTION AND PURPOSE..............................................I II. PROPOSED DEVELOPMENT ................................................ 1 III, STUDY AREA CONDITIONS ................................................ 1 A. Study Area .... ..................................................1 B. Site Accessibility.................................................. 2 C. Land Use......................................................:.2 D. Compliance with Concurrency Requirements ............................ 2 IV. ANALYSIS OF EXISTING CONDITIONS ........................................ 2 A. Physical Characteristics ............................................. 2 B. Traffic Volumes ................................................... 3 Table 1 Peak Hour Traffic Flow ................................. 3 Table 2 Trak Counts for Peak Hours ............................ 3 C. Level of Service ................................................... 4 Table 3 Level of Service for Existing Conditions, Peak Hour .......... 5 V. PROJECTED TRAFFIC....................................................6 A. Methodology......................................................6 B. Project Trip Generation ............................................. 6 Table 4 Trip Generation ..................................... . . 7 C. Traffic Distribution ................................................ 7 D. Trip Assignments..................................................7 Table 5 Trip Distribution and Assignment ......................... 7 VI. TRAFFIC IMPACT ANALYSIS ............................................... 8 Table 6 Levels of Service ...................................... 8 VII. DISCUSSION............................................................9 VIII. 'CONCLUSION...........................................................9 Page 1 of 2 J APPENDICES APPENDIX A Location Map, Tax Map Key, Aerial View of Intersections APPENDIX B Level of Service— Kuakini Highway & Hualalai Road (Computer Printout) • Existing Conditions AM and PM Peak Traffic • Build -out Conditions AM and PM Peak Traffic APPENDIX C Level of Service— Hualalai Road & Nani Kailua Street(Computer Printout) • Existing Conditions AM and PM Peak Traffic • Build -out Conditions AM and PM Peak Traffic APPENDIX.D Level of Service— Hualalai Road & Project Driveway (Computer Printout) • Build -out Conditions AM and PM Peak Traffic APPENDIX E Traffic Movement Diagrams—Kuakini Highway & Hualalai Road • Existing Conditions AM & PM Peak Traffic • Build -out Conditions AM & PM Peak Traffic APPENDIX F Traffic Movement Diagrams—Hualalai Road & Nani Kailua Street • Existing Conditions AM & PM Peak Traffic • Build -out Conditions AM & PM Peak Traffic APPENDIX G Traffic Movement Diagrams— Hualalai Road & Project Driveway • Build -out Conditions AM & PM Peak Traffic Page 2 of 2 TRAFFIC IMPACT .ANALYSIS REPORT PROPOSED 104 -UNIT INDEPENDENT LIVING DE'VEL®PMFNT UALALAI ROAD AILUA- ONA9 HAWAII T (3)7-�-010:013 INTRODUCTION AND PURPOSE This report will show the traffic impact of developing the proposed 104 -unit independent living development for senior citizens on Hualalai Road mauka, approximately 1300 feet, of the intersection of Kuakini Highway and Hualalai Road in Kailua-Kona, Hawaii. The primary focus will be the impact the project will have for the intersection Kuakini Highway and Hualalai Road as well as the intersection of Hualalai Road and Nani Kailua Road. Since this project does not generate sufficient traffic to meet the threshold requirement of fifty trips per day as outlined in the County of Hawaii Zoning Code Section 25-2-46, only the existing conditions and the build -out conditions will be analyzed. 11. PROPOSED DEVELOPMENT i The proposed development is an independent living facility consisting of 104 attached units on a 6.4 + acre parcel fronting on Hualalai Road. The entrance will be on the most mauka edge of the property which fronts Hualalai Road. This is approximately 13 00 feet mauka of the main intersection of Kuakini Highway and Hualalai Road. Ill. STUDY AREA CONDITIONS A. Study Area There are numerous offices and an assisted living complex in the immediate vicinity of the project. The offices are primarily on the northeast, southeast and northwest quadrants of the intersection of Kuakini Highway and Hualalai Road with a service station and the County library in the southwest quadrant. There is a credit union in the northeast quadrant ofthe intersection with a drive-through. The office complexes include legal, medical and dental, real estate and accounting firms. The land use is primarily residential progressing mauka from the proposed proj ect to the intersection of Hualalai Road and Nani Kailua Road. Page 1 of 9 B. Site Accessibility At this time, the proposed development plans to have one entrance at the mauka edge ofthat part of the property which fronts Hualalai Road. This location should provide sufficient sight distance for the entrance. C. Land Use The project site is currently vacant land and is zoned CV 7.5. The land use is primarily residential mauka of the site and commercial makai of the site. There is also a flood control facility north of the mauka end of the property. D. Compliance with Concurrency Requirements Pursuant to Section 25-2-46 (Concurrency Requirements), Hawaii County Zoning Code, a traffic impact analysis report ("TIAR") is required with the application for any zoning change. If more than fifty trips are generated by a project during the peak hours, the analysis must include projected traffic at build -out, five-year, ten-year and twenty-year periods. This project does not meet this requirement and, therefore, the only analysis will be for the existing conditions and the build -out conditions. IV. ANALYSIS OF EXISTING CONDITIONS A. Physical Characteristics Hualalai Road is a two-lane road and a main connector road running basically mauka-makai through the area. On the mauka, it intersects Kuakini Highway intersection at approximately 45 degrees (see aerial photograph). Eastbound traffic on the makai side of the intersection has dedicated left -turn lane with the through and right -turn traffic having a shared lane. The same holds true for the westbound traffic on the mauka side of the intersection. Northbound traffic at the south side of the intersection has a dedicated left -turn lane, a dedicated right -turn lane and two northbound lanes. Southbound traffic at the north side of the intersection has dedicated left- and right -turn lanes and one southbound through lane. The speed limit is 25 inph. At Hualalai Road and Nani-Kailua Road, there is a mauka bound. dedicated left -turn-:.".. lane and a through -turn lane on Hualalai Road. Makai bound traffic has a shared lane for through- and right -turn traffic. Nani-Kailua Road has one lane westbound for left- and right -turn lanes and one lane eastbound. Page 2 of 9 B. Traffic Volumes Traffic counts were taken during September, 2016, at the intersections of Kuakini Highway and Hualalai Road and ofNani-Kailua Road and Hualalai Road. The peals hours are tabulated in the following table. TABLE 1 PEAK HOUR TRAFFIC FLOW Location Peak Hour Vehicles Per Kuakini Hwy & Hualalai Rd 7:30 AM to 8:30 AM 1858 4:15 PM to 5:15 PM 2450 Hualalai Rd & Nani-Kailua Rd 15 ANI to 8:15 AM 487 4:15 PM to 5:15 PM 425 The following table gives a breakdown of the counts by turning movement.. TABLE 2 TRAFFIC COUNTS FOR PEAK HOURS Page') of 9 Kuakini Hwy & Hualalai Rd Hualalai Rd & Nani-Kailua Rd Movement Peak Hour Peak Hour AM PM AM PM EBL 164 207 — -- EBT 34 47 — — EBR 16 58 — — WBL 35 63 51 6 WBT 41 44 — — WBR 234 194 II7 115 NBL 36 64 — — NBT 598 550 178 88 NBR 55 53 20 7 SBL 153 141 64 97 SBT 353 692 57 112 SBR 139 337 — — Total 1858 2450 487 425 Page') of 9 C. EBL - Eastbound Left EBR - Eastbound Right WBT - Westbound Through NBL - Northbound Left NBR - Northbound Right SBT - Southbound Through Level -of -service EBT -Eastbound Through WBL - Westbound Left WBR - Westbound Right NBT - Northbound Through SBL - Southbound Left SBR Southbound Right "Level -of -service" is a term which denotes any of an infinite number of combinations of traffic operating conditions that may occur on a given lane or roadway when it is subjected to various traffic volumes. Level -of -service ("LOS") is a qualitative measure of the affect of a number of actions which include space, speed, travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience. The operating conditions of intersections controlled by stop signs can be classified by a LOS from "A" to "F", as summarized in the table below. However, the method of determining LOS for un -signalized intersections is based upon the use of gaps in traffic on the major street by vehicles crossing or turning through that stream. Specifically, the capacity of the controlled legs of an intersection is based on two factors: (1) the distribution of gaps in the major street traffic stream and (2) driver judgment in section gaps through which to execute a desired maneuver. The criteria for LOS at an un -signalized direction is therefore based on delay of each turning movement. Level -of -service (Un -Signalized) Expected Delay A Little or no delay B Short traffic delays C Average traffic delays D Long traffic delays E Very long traffic delays F Extreme delays will be encountered with queuing which may cause severe congestion affecting other traffic movements in the intersection, which usually warrants improvements of the intersection Page 4 of 9 Level -of -Service (Signalized) Control Delay per Vehicle (SecondslVehicle) Description A < 10.0 Little or no traffic delays B 10.1 to 20.0 Short traffic delays C 20.1 to 35.0 Average traffic delays D 35.1 to 55.0 Long traffic delays E 55.1 to 80.0 Very long traffic delays F > 80.1 Extreme traffic delays Levels of service were calculated for these intersections using data gathered during September, 2016. The following table shows the level -of -service for existing conditions. "FABLE 3 LEVEL -OF -SERVICE FOR EXISTING CONDITIONS, PEAK HOUR Movement Kuakini H1vy & Hualalai Rd Hualalai Rd & Nani-Kailua Rd Peak Hour Peak Hour AM PM AM PM EBL C E EBT C D EBR WBL D D B B WBT C D B B WBR B B NBL C D NBT B B NBR B B SBL D F A A Page 5 of 9 Movement Kuakini Hwy & Hualalai Rd Hualalai Rd & Nani KKailua Rd Peak Hour Peak Hour AM PM AM PM SBT C C SBR B B hitersection/ Approach LOS C C B B V. PROJECTED TRAFFIC A. Methodology Highway capacity analysis was performed in accordance with the "Highway Capacity Manual, Special Report 209"(2"d Edition" of the Transportation Research Board, 1992) and the "Highway Capacity Software from the Federal Highway Administration and McTrans ", University of Florida, Gainesville, Florida. LOS for the various intersections were computed for the existing condition in accordance with the Highway Capacity Manual. LOS calculations and volume -capacity -ratios are tabulated herein for both AM and PM peaks for existing- and the post - development conditions. Each intersection is diagramed in the appendix showing existing- and post -development conditions. The trip generation methodology used in this report is based upon applications developed by the Institute of Transportation Engineers ("ITE") and published in "Trip Generation ", 8" Edition, 2011. Trip generations have been developed for a variety of land uses (or facility types) which correlate trips with dwelling units, area, population, vehicle ownership and intensity of use. Each facility type has a catalog number for identification purposes. In this case, Classification 252, Adult Housing Attached, was used. It should be noted that to obtain conservative estimates of potential traffic, no adjustments are made to reflect the impact of less than full-time residents which could be the case in the study area. B. Project Trip Generation As stated above, the project is to be a residential and agricultural subdivision, therefore land use Classification 252, or Adult. Housing Attached is used for trip generation. Since the peak hour trips for the Project generate less than 50 peak hour Page 6 of 9 trips, the horizon is the opening year which is assumed to be 2017. The following table shows the trips generated. TABLE 4 TRIP GENERATION PROJECT DRIVEWAY Time Number of Lots Generator0 Entering Exiting AM # 0 % # ANI 104 0.13 36 5 64 9 PNl 104 0.16 60 10 40 7 C. Traffic Distribution Trip distribution was performed on the basis of direction of the existing flow of traffic on Hualalai Road. D. Trip Assignment The following table shows the trip distribution and trip assignment for the existing and build -out conditions. TABU, 5 TRIP DISTRIBUTION AND ASSIGNMENT Kuakini Road & Hualalai Road Hualalai Road & Nani- Kailua Road Project Driveway AM PM AM PM AM PM Direction Exist BO Exist BO Exist BO Exist BO Build -Out EBL 164 164 207 207 — — — — 2 4 EBT 34 34 47 48 — — — — 242 241 EBR 16 16 58 58 — — — — — — WBL 234 238 194 197 51 51 6 6 — — WBT 41 42 44 I 44 — — — — 310 301 WBR 35 35 63 64 117 118 115 118 3 6 NBL 36 36 64 64 — — — — — — NBT 598 598 550 550 178 180 88 91 — — NBR 55 55 53 54 20 20 7 7 — — SBL 153 155 141 143 64 66 97 98 4 3 Page 7 of 9 V1. TRAFFIC IMPACT ANALYSIS Level -of -service analysis was performed for the existing and build -out conditions for the intersections of Kuakini Highway/Hualalai Road and Hualalai Road/Nani-Kailua Road. The build -out conditions was computed for the project enhance. The following table shows the results of these calculations. TABLE 6 LEVEL -OF -SERVICE Kuakini Road & Hualalai Road AM PM AM PM AM PM Direction Exist BO Exist BO Exist BO Exist BO Build -our SBT 353 353 692 692 57 59 112 114 - - SBR 139 139 337 337 - - - - 5 4 V1. TRAFFIC IMPACT ANALYSIS Level -of -service analysis was performed for the existing and build -out conditions for the intersections of Kuakini Highway/Hualalai Road and Hualalai Road/Nani-Kailua Road. The build -out conditions was computed for the project enhance. The following table shows the results of these calculations. TABLE 6 LEVEL -OF -SERVICE Kuakini Road & Hualalai Road Hualalai Road & Nani Kailua Road Project Driveway Direction AM PAI AM PM AM PM Exist BO Exist BO Exist BO Exist BO Build Out EBL C C E D — — — — B B EBT C C D D — — — — B B EBR— — — — — — — — — — WBL D D D D B B B B — — WBT C C D E — — — — B B WBR — — — — B B B B — — NBL C C D C — — — — — — NBT B B B B — — — — B B NBR B B B C — — — — — — SBL D D F E A A A A A A SBT C C C D — — — — — — SBR B B B E — — — — — — Approach Delay 25.5 25.3 33.2 32.6 12.3 12.4 12.9 13.0 11.3 11.2 Approach LOS C C C C B B B B B B Page 8 of 9 VII. DISCUSSION As stated previously, the project generates very little traffic; fourteen total entering and exiting during the AM peak hour and seventeen total entering and exiting during the PM peak hour. A portion of this traffic passes through the intersection of Kuakini Highway and Hualalai Road and a portion through Hualalai Road and Nani-Kailua Road. This has been proportioned based upon the mauka-makai traffic flow at Kuakini Highway and Hualalai Road. From this information it was determined that during the AM peak hour, traffic exiting the project proceeding to the intersection of Kuakini Highway and Hualalai Road is five vehicles per hour (vph) and two vph from this intersection to the project. During the PM peak hour, it is four vph and four vph. As can be seen from the level of service calculations, this has little affect on the level of service at the intersections. The intersection of Kuakini Highway and Hualalai Road is a major intersection in Kailua- Kona. The intersection is signalized and serves both north -south traffic on Kuakini Highway and mauka-makai traffic on Hualalai Road. In the southeast quadrant of the intersection there is a major office complex consisting of 2- and 3 -story buildings housing medical office, dental offices, medical labs, legal offices, real estate and accounting as well as other endeavors. It was observed that much of the traffic through the intersection onto mauka Hualalai Road during peak hours is going to and from this complex. The entrances on Hualalai Road are both right-and-Ieft, in -and -out. There is a right turn in and right turn out on Kuakini Highway. Much of the traffic in and out of this complex is for drop-off or pick-up of people. This can account much of the difference between Kuakini Highway and Nani-Kailua Road traffic counts. The project entrance is just up Hualalai Road from the complex. Vehicle per hour count used for the entrance, however, is the same as that mauka of the intersection of Kuakini Highway and Hualalai Road. With all this being said, the level of service at Kuakini Highway and Hualalai Road remain the same for the intersection; "C" both AM and PM peak hours and "B" both AM and PM peak hours for the project entrance. V1I1. CONCLUSION This project will have little, if any, impact on traffic in the local area. The 104 units of adult living will only generate 14 vph in the AM and 17 vph in the PM. Of this traffic only 7 vph impact the intersection of Huakini Highway and Hualalai Road in the AM and 8 vph in the PM. Therefore, this analysis concludes that for the time of build -out, the level of service at Kuakini Highway and Hualalai Road will continue at level of service "C" for both AM and PM, and at Hualalai Road and Nani-Kailua Road will continue at level of service `B" for both AM and PM peaks. No mitigating measures will be necessary. 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(D C CD (D 7 \ T. (D CL a< cp <D 1 C -ti o •a QI ni 3 \ ( (D N. (D o O " -n < <D < 'a a o (� D 7 W g n O. f p m y -„ m ---I o v �. n r 10 Q y op (D o :0 w ID •< m D- CC < m CD p 3 co C —1 m. D ,no- o m '� m m d v CD m rn < G) m z �' �' a m < m- m < m �n -, b'S O m 77 c o r =7CL l cn CD Q CD D a o co m G) in � C ° (D m o � v c N V r 4 O •A O A O Z N O o O w w N 00 N b o N N 0 000 0 O � N rn= G G) w o o! o a o o w o o y 11 Il N O O 0 O co T , 1 Z O b 00 N O D co r fi7 O y < G7 o z o 0 0 0 o w g o b o N r y rnU o� O v 0 OOD = Co W O N O 0 0 0 W O O CD N O O O o ^ �• (DCh G) p -i II X y (D �1 II1 V n o b OO N 2 O Q w r I � ID ,IT III = rJ TM w O Q. :zto rn r -i 2 0 0 0 00 0 W O O b N y M Zr m -ii C O .Op z n II 11 =Y'Ill y p 2 CD rSN O N p a o W z D7 O 00 O O O = C C7 W i O O O O O If II O O p <� O O Z y O O O w O O b N i� r y W O O p O W 0) cow O O O p CO O N O O b N N y y= CA 11 „ N O O O O 00 O VUJ I i D CD i3 Q 0 N a CD (D CD PL .ci 0 1 r-. u N � = - C C r yQ 0 v' 2. T O (7D o N 3' CQ p v 0 m (=D m ,3 aO v O(D G) 0 i7 m cn O G) �• �' O 0 CD CD 7 fl) N, O ((DD O O s O CD o M o ? a m `� 0 O n s N G * Q n _ n S i n n s 7 i i 7 i i p O N go O O W r.� p co rn O i W O O WO p O� (D co c, CwJtO O W Q O (11 v N O O N }� U O O OO V V co co II O � � w N w RI Cil O N O v W O O al t' p � p o o in oCJ1 On p FF, w A p O -> NO O --xCp O w O y O O O U7 Ch N O (D �y o w � q O 0 V O p0 O N V 00 O ON O O O N O co O N N U O m- al O w W O O w p co °' 01 o o Ol o N cl p w n n w cn O orn cn o-4 N) Go M O O V N w N O O 03 0 (D CD PL .ci 0 1 r-. APPENDIX C LEVEL OF SERVICE HUALALAI ROAD & NANI KAILUA STREET UNSIGNALIZE]D INTERSECTION AM & PM PEAK HOURS Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY General Information Isite Information Project Description WDEPENDENTLIVING ILHNKAMEX nalyst IBEW Intersection IT Agency/Co. COOK/SCHULER Jurisdiction HAWAIf CO Date Performed 10/1/16 Analysis Year 2016 nalysis Time Period MEXISTING North/South Street: HUALALAI RD Project Description WDEPENDENTLIVING ILHNKAMEX East/ West Street: NANI KAILUA North/South Street: HUALALAI RD Intersection Orientation: North-South IStudy Period (hrs): 0.25 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 1 2 3 4 5 6 L T R L T R Volume (veh/h) 178 20 64 57 J.Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 (veh/h) 'IHourlyFlow Rate, HFR 0 178 20 64 57 0 Percent Heavy Vehicles 0 10 — — Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 1 1 0 Configuration TR L T Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 117 0 51 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 0 (veh/h) 0 0 117 0 51 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 1 0 Configuration LTR Dela , Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 n 7 8 9 10 11 12 Lane Configuration L LTR v (veh/h) 64 168 C (m) (veh/h) 1387 663 vlc 0.05 0.25 95% queue length 0.14 1.00 Control Delay (s/veh) 7.7 12.3 LOS A B Approach Delay (s/veh) -- — 12.3 Approach LOS — -- B Copyright © 2010 University of Florida, All Rights Reserved HCS+Tm Version 5.6 Generated: 10/1/2016 5:34 AM f le://CADocuments and Settings\Witcher Engr LLP\Local Settings\Temp\u2kC4.tmp 10/1/2016 l'wo-Way Stop Control Page 1 of 1 Copyright © 2010 University or Florida, All Rights Reserved NCS+T+ Version 5.6 Generated: 10/1/2016 8:40 AM file://CAD,ocuments and Settings\Witcher Engr LLP\Local SettingsUemp\u2kC4Amp 10/1/2016 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst IBEW Intersection T Agency/Co. ICOOKISCHULER Jurisdiction HAWAII CO Date Performed 11011116 Analysis Year 2016 Analysis Time Period JPMEX Project Description INDEPENDENT LIVING ILHNKPMEX East/West Street: NANI KAILUA North/South Street: HUALALAI RD Intersection Orientation: North-South IStudy Period hrs : 1.00 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5, 6 L T R L T R Volume (veh/h) 88 7 97 122 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 0 88 7 97 122 0 Percent Heavy Vehicles 0 — — 0 — — Median Type,' Undivided RT Channelized 0 0 Lanes 0 1 0 1 1 0 Configuration TR L T Upstream Signal 0 0 Minor Street Eastbound Westbound. Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 115 0 6 Peak -Hour Factor, PHF 1.00 . 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (vehlh) 0 0 0 115 0 6 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 1 0 Configuration LTR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LTR v (veh/h) 97 121 C (m) (veh/h) 1512 576 /c 0.06 0.21 95% queue length 0.21 0.80 Control Delay (s/veh) 7.5 12.9 LOS A B Approach Delay (s/veh) -- -- 12.9 Approach LOS -- -- B Copyright © 2010 University or Florida, All Rights Reserved NCS+T+ Version 5.6 Generated: 10/1/2016 8:40 AM file://CAD,ocuments and Settings\Witcher Engr LLP\Local SettingsUemp\u2kC4Amp 10/1/2016 Two -Way Stop Control TWO-WAY STOP CONTROL SUMMARY General Information Site Information nal st OEW enc /Co. COOWSCHULER Date Performed 10/1/16 nal sis Time Period AM BO Intersection T urisdiction HAWAII CO nal sis Year 2016 Page 1 of 1 Project Description INDEPENDENT LIVING (LHNKAMBO East/West Street: NANI KAILUA Intersection Orientation: North-South North/South Street: HUALALAI RD IStudy Period hrs : 1.00 Vehicle Volumes and Adjustments Major Street I Northbound Southbound Movement 1 2 3 4 5 6 L Volume (veh/h) T 180 R 20 L 66 T R 59 Peak -Hour Factor, PHF 1.00 Hourly Flow Rate, HFR (veh/h) 0 Percent Heavy Vehicles 0 Median Type RT Channelized 1.00 180 — 1.00 20 — 0 1.00 66 1 0 Undivided 1.00 59 — 1.00 0 — 0 Lanes 0 Configuration Upstream Si nal 1 0 0 TR 1 L 1 0 T 0 Minor Street Movement 7 L Volume (veh/h) Peak -Hour Factor, PHF 1.00 Eastbound 8 T 1.00 9 R 1.00 10 L 118 1.00 Westbound 11 T 0 1.00 12 R 51 1.00 ourly Flow Rate, HFR veh/h) 0 D 0 118 0 51 ercent Heavy Vehicles 0 [Flared 0 0 0 0 0 ercent Grade (%) 0 0 Approach N N Storage, 0 0 RT Channelized 0 0 Lanes 0 0 0 0 1 0 Configuration LTR Delay, Queue Length, and Level of Service pproach Northbound Southbound Westbound Eastbound ovement 1 4 7 8 9 10 11 12 [LaneConfiguration L LTR (veh/h) 66 169 C (m) (veh/h) 1384 655 v/c 0.05 0.26 95% queue length 0.15 1.04 Control Delay (s/veh) 7.7 12.4 LOS A e pproach Delay (s/veh) -- — 12.4 pproach LOS -- _ B Copyright© 2010 University of Florida, All Rights Reserved HCS+Tm Version 5.5 Generated: 10/1/2018 8:38 AM fileWC:\Docuinents and Settings\Witcher Engr LLP\Local Settings\Te1hp\u2kC4.txnp 10/1/2016 Two -Way Stop Control Page 1 of 1 Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 10/112016 8:43 AM file:NCADocunients and Settings\Witcher Engr LLP\Local Settings\Temp\u2kC4.tmp 10/1/2016 TWO-WAY STOP CONTROL SUMMARY General Information ite Information Analyst IBEW Agency/Co. ICOOKISCHULER Date Performed 10/1/16 Analysis Time Period IPMBO Project Description WDEPENDENTLIVINGILHNKPVIBO Intersection Jurisdiction Analysis Year T HAWAII CO 2018 East/West Street: NANI KAILUA North/South Street: HUALALAI RD Intersection Orientation: North-South Stud Period hrs : 1.00 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h) 91 7 98 922 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 0 91 7 98 122 0 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 1 1 0 Configuration TR L T U stream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 118 0 6 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 0 0 0 118 0 6 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 1 0 Configuration i I Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LTR v (veh/h) 98 124 C (m) (veh/h) 1508 573 lc 0.06 0.22 95% queue length 0.21 0.83 Control Delay (s/veh) 7.6 13.0 LOS A B Approach Delay (s/veh) — — 13.0 pproach LOS -- -- B Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 10/112016 8:43 AM file:NCADocunients and Settings\Witcher Engr LLP\Local Settings\Temp\u2kC4.tmp 10/1/2016 APPENDIX D LEVEL OF SERVICE HUALALAI ROAD & PROJECT DRIVEWAY UNSIGNALIZED INTERSECTION AM & PIS[ PEAR HOURS Two -Way Stop Control TWO-WAY STOP CONTROL SUMMARY General Information ISIte Information Page 1 of 1 Analyst IBEW Intersection iT Agency/Co. ICOOWSCHULER Jurisdiction HAWAII CO Date Performed 10/1/16 Analysis Year 2018 Analysis Time Period MBO North/South Street: ENTRANCE Project Description INDEPENDENT LIVING ILHDWAMBO East/West Street: HUALALAI RD North/South Street: ENTRANCE Intersection Orientation: North-South IStudy Period (hrs): 1.00 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h) 4 0 5 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 0 (veh/h) 0 0 4 0 5 Percent Heavy Vehicles 0 — — 0 — Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 1 0 Configuration LTR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 2 242 310 3 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 2 (veh/h) 242 0 0 310 3 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0. 1 0 Configuration I LT TR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR TR LT v (veh/h) 4 313 244 C (m) (veh/h) 1636 885 883 lc 0.00 0.35 0.28 95% queue length 0.01 1.63. 1.14 Control Delay (s/veh) 7.2 11.3 10.6 LOS A B B Approach Delay (s/veh)_ — -- 11.3 10.6 .Approach LOS I-- -- 8 B Copyright © 2010 University of Florida, All Rights Reserved HCS+Tm Version 5.6 Generated: 10/1/2016 8:57 AM file:YC:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp\u2kC4.tmp 10/1/2016 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY General Information Isite, Information Project Description INDEPENDENT LIVING ILHDWPMBO nal st BEW Intersection IT enc /Co: COOK/SCHULER Jurisdiction HAWAII CO Date Performed 10/1/16 Analysis Year 2018 [Analysis Time Period PMBO Project Description INDEPENDENT LIVING ILHDWPMBO East/West Street: HUALALAI RD North/South Street: ENTRANCE Intersection Orientation: North-South IStudy Period hrs : 1.00 ehicle Volumes and Ad'ustmenl:s Major Street Northbound Southbound Movement 1 1 2 3 ! 4 5 6 L T R L T R ' Volume (veh/h) 3 0 4 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 0 (veh/h) 0 0 3 0 4 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 1 0 Configuration LTR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 4 241 301 6 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 4 (veh/h) 241 0 0 301 6 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 Channelized 0 0 [RT nes 0 1 0 0 1 0 onfiguration LT TR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR TR LT v (veh/h) 3 307 245 C (m) (veh/h) 1636 890 882 v/c 0.00 0.34 0.28 95% queue length 0,01 1.57 1.15 Control Delay (s/veh) 7.2 11.2 10.6 LOS A B B ,Approach Delay (s/veh) — — 11.2 10.6 pproach LOS — — B B Copyright© 2010 University of Florida, All Rights Reserved NCS+na Version 5.6 Generated: 10/1/2016 9:00 AM file://CADocuments and SettingsMitcher Engr LLMocal SettingffempluRC4.tmp 10/1/2016 APPENDIX E TRAFFIC MOVEMENT DIAGRAMS KUAKINI HIGHWAY & HUALALAI ROAD SIGNALIZED INTERSECTION AM & PM PEAK HOURS 645 QQF 404 689 310 0 242 a WITCHER, ENGINEERING LLP A 279-22-16 09116 P.0 Box 4892 Consulting Civil Engineers Camp ae322 Construction Managers g (928) 5 54-1354-13122 a Proposed Hualalai Road Independent Living Facility Kuakini Highway & Hualalai Road Traffic Movement -Existing Conditions PM Peak Hour 4:15 PM to 5:15 PM 1'170 arzi 301 d 241 813 667 AM& WITCHER ENGINEERING LLP JN 279-22-16 09116 - P,OBox4692 Consulting Civil Engineers Camp Verde, nz 66322 Construction Managers (928)554-1312 g Proposed f. IV Chi i Road o/,s 3 d- p - d . i Living Fi 'a.. _ _,r 1 i- 1r Highway kir Hua aa al Road Traffic 3 L /e -} B F y do4 Conditions ti(n � -fit I�1 t � � z; 1 !■I eL � !' � ( t 647 innn 315 .� 244 404 689 WITCHER ENGINEERING LLP JN 279-22-16 :Ahvkle 09116 P.OBox 4692 Consulting Civil Engineers Camp Verde, AZ 86322 Construction Managers, (928)554-1312 9 Proposed Hualalai Road Independent Living Facility Kuakini Highway & Hualalai Road Traffic Movement - Build -out Conditions PM Peak Hour 4:15 PM to 5:15 PM 1172 QrA 305 245 814 668 AbMA&e. WITCHER ENGINEERING LLP JN 279-22-16 09116 P.0 Box 4692 Consulting Civil Engineers Camp verde, AZ 86322 Constnlction Mana ers (928) 554-1312 9 APPENDIX F TRAFFIC MOVEMENT DIAGRAMS HUALALAI ROAD & NANI KAILUA STREET UNSIGVA.LIZED INTERSECTION AIS & PM PEAK HOURS FWA Proposed �Hualalai Road Independent Living Facility Hualalai Road & Nan! Kailua Street Traffic Movement ® Existing Conditions AM Peak dour v 7:15 AM to 8:15 A 121 295 57 64 178 117 1 57 51 178 20 108 198 JN 279-22-16 09116 NANI KAILUA STREET 117 1168 51 64 84 20 WITCHER ENGINEERING LLP P.O. sox 4692 Consulting Civil Engineers Camp Verde, AZ 66322 (928)5541312 g Construction Managers Proposed ualalal Road Independent Living Facility Hualalal Road & Nan! Kallua Street Traffic 'ic ove int ® Existing Conditions PM Peak Hour ® 4:15 PM to 5® 5 P 209 203 112 97 88 115 AAA Q O rK 115 121 6 NANI KAILUA STREET 97 104 Q J Q J Q 112 6 88 7 118 95 WITCHER ENGINEERING LLP P.O. Box 4692 Consulting Civil Engineers JN 279-22-16 Camp Verde, AZ 85322 Construction Managers 09116 (928)554-1312 Proposed Hualalai Road Independent Living Facility Hualalai Road & Nani Kailua Street Traffic -Movement - Build -out Conditions AM Peak Hour - 7:15 AM to 8:15 AM 125 59 66 59 51 110 JN 279-22-16 09/16 298 r k:.Aa MILZI :0 118 180 20 200 NANI KAILUA STREET 66 86 20 WITCHER ENGINEERING LLF P.O. Box 4692 Consulting Civil Engineers Camp Verde, nz 86322 Construction Managers (928}554-1312 212 209 AA 114 98 91 118 NANI KAILUA STREET 118 124 6 98 105 7 -, 1 114 6 91 7 120 98 A 279-22-16 09116 WITCHER ENGINEERING LLP P.o. Box 4692 Consulting Civil Engineers Camp Verde, AZ 86322 (928)554-1312 Construction Managers APPENDIX G TRAFFIC MOVEMENT DIAGRAMS HUALALAI ROAD & PROJECT DRIVEWAY UNSIGNALIZED INTERSECTION AM & PM PEAK HOURS J Proposed ualaial Road Independent Living Facility alaial Road & Development Driveway Traffic Movement o wild -out Conditions AM Peak Hour - 7:15 AM to 8:15 AM t 244 315 242 2 310 , 1 0 Q 5 9 4 DRIVEWAY 2 5 3 rFg Q 242 4 310 3 246 313 WITCHER ENGINEERING LLP.. P.O. sox 4692 Consulting Civil Engineers A 279-22-16 Camp Verde, AZ 86322 osns (928)554-1312 . Construction Managers Proposed Hualalai Road Independent Living Facility Hualalai Road & Development Driveway Traffic Movement - Build -out Conditions PM Peak dour - 4:15 PM to 5:15 P 241 3 244 JN 279-22-16 09/16 301 6 307 4 7 3 4 10 6 WITCHER ENGINEERING LLP P.O. Box 4692 Consulting Civil Engineers Camp Verde, AZ 86322 (928)5541312 g Construction Managers SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Planning • variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 tp Subdivision - Land Use Permits E-mail: sidfuke@hawaiiantel.net f�1J �;�(!� 'a' 1 _ 7 Environmental Reports November 12, 2018 i '_NT Mr. Michael Yee, Director Planning Department COUNTY OF HAWAI' I 101 Pauahi Street Hilo, HI 95720 Dear Mr. Yee: Subjects Amendment to Condiflons C & N — Ord. Nos. 09-49 & 09-50 APPLICANT — T & M Properties, LLC einaloli 5t" and 6 t forth Kona, awafi, TM e 7-5-010. 013 In the subject request, which was filed in my letter of February 28, 2017, Condition D required the following: A ficture road widening strip along the Rualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years f3•om the effective date of this amendment. Although the right-of-way was subdivided, it has yet to be dedicated to the County. The applicant intends to convey this strip to the County in conjunction with the improvements within said area. The conveyance may be premature, inasmuch as during the construction plan approval and actual construction processes, the boundaries of the. road widening strip may have to be slightly modified. In that event, a revised subdivision map would have to be approved before the land and improvements thereon can be conveyed. As such, it would make more sense to have the strip' dedicated in conjunction with the infrastructure within said strip and not before. Given the above, we respectfully request that Condition D be amended to reflect its dedication prior to the issuance of the certificate of occupancy permit for the project. This would thus coincide with Condition E which required off-site improvements within this road widening strip be done prior to issuance of the certificate of occupancy permit. Should you have questions on this matter, please feel free to direct them to me. Thank you very much. Copy — T & M Properties, LLC Sincerely, VYV1 SIDNEY M. FUME Planning Consultant Planning Dept, Exhibit SAN_'. NOV 13 2013 � By -1 a 9 ML DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: May 22, 2017 Memorandum _= - TO Michael Yee, Planning Director - Planning Department FROM Ben Ishii, Division Chi Engineering Division �- rJ -J SUBJECT Docket No.: REZ 17-000220 (Amend REZ 524 & REZ 709) Amendment to Change of Zone Ordinance No. 09-049 and 09-050 Applicant: T& M Properties, LLC (formerly Samson, LLC) Request: Amendment to Condition C (Time to Complete Construction) and Condition N (Fair Share Contribution) Location: Hienaloli 5th and 6th, N. Kona HI TMK: 3/ 7-5-010:013 We reviewed the subject application and have the following comments to the requested amendment: ROADWAYS Condition D Real property tax records indicate the property was acquired in 2011. Yet the applicant has not complied with the requirement to dedicate the subdivided Hualalai Road widening lot to the County that was given final plat approval on March 20, 2009. The property owner on the opposite side of Hualalai Road is beginning construction and will need access to the road widening lot to complete the required road improvements shown on their approved plans. We recommend the applicant either dedicate the existing road widening lot to the County or grant construction right -of -entry to the owner of TMK: (3)7-5-009:067 prior to approval of the amendment and the required road widening lot shall be dedicated upon completion of improvements required in conditions E and F. Condition F Currently, there are existing encroachments (rock berm and palm trees) within the Hualalai Road County right -of way fronting TMK: 7-5-010: 011 that must be removed in order"for the left -turn lane required under Condition _F to be constructed. There may be issues with the rock berm having some historical significance and a breach in the Great Wall of Kuakini (for Hualalai Road) also terminates there. We consider it appropriate to amend tt e third and last lines to read: Unless prevented by circumstances beyond the .applicant's control or otherwise approved by DPW, the applicant shall provide-a.leftturn_....__.:_ ..... storage lane on Hualalai Road to the subject property prior to the issuance of =a Planning Dept. t'F 3:a' DPW Memo to PD-REZ 17-000220 May 23, 2017 p. 2 of 3 certificate of occupancy. All sight distances to the approach shall meet [the requirements of the Hawaii Statewide Uniform Design Manual or] AASHTO guidelines." As recommended, Condition F in its entirety would read: Access to Hualalai Road shall be limited to one approach, located as approved by Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. Unless prevented by circumstances beyond the applicant's control or otherwise approved by DPW, the applicant shall provide a left turn storage lane on Hualalai Road to the subject property prior to the issuance of a Certificate of Occupancy. All sight distances to the approach shall meet AASHTO guidelines. Condition E In accordance with the General Plan the required street improvements and right-of-way widening remain appropriate with or without left turn lanes (which are not warranted for either of the served occupancies). The widened right-of-way will comply with the minimum width necessary to add the turn lanes or could be used for a wider sidewalk a planting strip and/or a bus pullover. We recommend to amend the second line of Condition E by adding "Unless prevented by circumstances beyond the applicant's control or otherwise approved by DPW," As recommended, Condition E in its entirety would read: The applicant shall realign and provide collector street improvements to the entire project frontage along Hualalai Road consisting of, but not limited to, right-of-way and pavement reconstruction and widening with concrete curb, gutter and sidewalk, drainage improvements, street lights, signs, markings and any relocation of utilities, meeting with the approval of the Department of Public Works. Unless prevented by circumstances beyond the applicant's control or otherwise approved by DPW, the widened and improved areas shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of-way at no cost to the County prior to receipt of a Certificate of Occupancy. FLOODPLAIN MANAGEMENT The property is within Zone X on the current effective Flood Insurance Rate Map (FIRM). However, portions of the property are within Zones AE and AO on the Draft Keopu Hienaloli FIRM. Affected property owners (including the applicant) were notified by individual letters dated August 1, 2015, .of the Department of Public Work's proposal of a FIRM revision following our Keopu and Hienaloli Streams Flood Study (KHSFS for flood insurance purposes). The KHSFS along with preliminary maps must still be submitted to FEMA and undergo a technical review before they are made effective for insurance purposes. At minimum, public notice will be published prior to the effective date of the revised FIRM and a statutory appeal period will be established. Meanwhile said Draft Keopu-Hienaloli FIRM's were made effective July 31, 2015 by DPW for regulatory (permit review) and Hawaii County Code Chapter 27 Floodplain Management purposes. Hawaii County is an equal Opportunity Provider and Employer . DPW Memo to PD-REZ 17-000220 May 23, 2017 p.3of3 Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO/KONA Hawaii County is an equal Opportunity Provider and Employer v � � w v cD cn � CD o 0 :3 o Cn o Cl) v m v CD 0 \V D w IS, CD W-0 Nn—S fl6 ,��r aE -0" 08 6 v ID 70.5 69"', ar i% 129 7 934 O x o }yN � _l 5 > _- '� C7 CD W-0 Nn—S fl6 ,��r aE -0" 08 6 v ID 70.5 69"', ar i% 129 7 934 z 61 D }yN � CD W-0 Nn—S fl6 ,��r aE -0" 08 6 v ID 70.5 69"', ar i% 129 7 C] 1 D }yN � D > 145.4 z e 148.42 N 156 5 16 i 7 , s i c X t 041, � DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: November 23,20-18 %T 1s7,SIP '' TO: Michael Yee, Planning Director FROM: �Qtlof f o)�" icc ' -6-k' s Engtrmer-ing-Division SUBJECT: Docket No.: REZ 17-000220 (Amend REZ 524 & REZ 709) Amendment to Change of Zone Ordinance No. 09-049 and 09-050 Applicant: T& M Properties, LLC (formerly Samson, LLC) Request: Amendment to Condition C (Time to Complete Construction) and Condition N (Fair Share Contribution) Location: Hienaloli 5th and 6th, H. Kona HI TMK: 3/ 7-5-010:013 We have re -reviewed the subject matter listed above and offer the following comments for your consideration: Comments from DPW's May 22, 2017 memo are still applicable except for those regarding Floodplain Management. FLOODPLAIN MANAGEMENT The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone: X is an area determined to be outside the 500 -year floodplain. DPW is no longer regulating properties with respect to the Draft Keopu Hienaloli flood study. The results of the study are still available for informational purposes. Questions may be referred to Robyn Matsumoto at 961-8924. cc: ENG-KONA Planning Dept. Exhibit DEPARTMENT OF WATER SUPPLY 345 KEKUANAO'A STREET, SUITE 20 TELEPHONE (808) 961-8050 . May 24, 2017 COUNTY OF HAWAVI • HILO, HAWAII 96720 FAX (808) 961-8657 TO: Mr. Michael Yee, Director Plamling Department FROM: Keith K. Okamoto, Manager -Chief Engineer SUBJECT: Amendment to Change of Zone Ordinance No. 09-049 and 09-050 Applicant — T &z M Properties, LLC Request: Amendment to Conditions C and N Tax Map Ivey 7-5-010:013 We have reviewed the subject request and have the following comments. Please be informed that the subject parcel had an existing water commitment of 22 additional units of water, which expired on February 28, 2017. There are currently 28 units of water allocated to the subject parcel. It should be noted that the Department cannot support more than 50 dwelling units for the subject parcel. Additional water will require extensive improvements and additions, which may include, but not be limited to, source, storage, booster pumps, transmission, and distribution facilities. As the scope of the development has changed, the Department requests the applicant to submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the total estimated daily water usage in gallons per clay and the estimated peak flow in gallons per minute. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. RQ:dfg Sincerely yours, w4w - > Keith K. Okamoto, P.E. Manager -Chief Engineer Planning'���° Exhibit� copy — Mr. Sidney Fuke, Planning Consultant T & M Properties, LLC Water, Our Most (Precious 12esource ... Ka Wai A Ydne ... The Department of Water Supply is an Equal Opportunity provider and employer. Jackson, Maija From: Quitoriano, Ryan <rquitoriano@hawaiidwsorg> Sent: Friday, November 09, 2018 10:17 AM To: Jackson, Maija Subject: RE: TMK 7-5-010:013 Water Availability { Hi Maija, The memorandum dated, May 24, 2017, is the most recent correspondence in our records and.. is,still,valid. No.: additional information had been provided to this Department. Sincerely, Ryan G. Quitoriano, P.E. Civil Engineer - Water Resources and Planning Branch Department of Water Supply - County of Hawaii 345 Kekuanaoa Street, Suite 20 Hilo, HI 96720 Phone: 808-961-8070 X256 Fax: 808-961-8080 Web: www.hawaiidws.org The Department of Water Supply is an Equal Opportunity Provider and Employer 1 From: Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Sent: Friday, November 09, 2018 8:22 AM To: Quitoriano, Ryan <rquitoriano@hawaiidws.org> Subject: TMK 7-5-010:013 Water Availability Hi Ryan - In May 2017, you sent the attached memo stating this property has an expired water commitment of 22 additional units and that DWS cannot support more than 50 dwelling units for the parcel. This rezone amendment application has been on hold in Planning for over a year and we are ready to move forward in December to Planning Commission hearing. They are still proposing 104 senior independent living units. Please let me know if your May 2017 memo is still valid to provide to the Planning Commission and County Council. If anything has changed (i.e. water commitment payment or water availability change) we would appreciate a new memo by 11/23. Thank you, Maija Jackson, Planner County of Hawaii Planning Department (808) 961-8159 Planning Depis 1iit S��,,_ >,C5N� , lY °,,ty �F,k,� Har Kim o.• , Darren J. Rosario Mayor �!'' Fire Chief Renwick J. Jictorino .s ,• �_ Deputy Fire Chief rgrF OF 0 Couiip of a at"i HAWAVI EIRE DEPARTMENT 25 Aupuui Street v Suite 2501 m Hilo, Hawaii 96720 (808) 932-2900 • Fax (808) 932-2928 May 17, 2017 TO: MICHAEL YEE, PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: Docket No: REZ 17-000220 (Amend REZ 524 & REZ 709) Amendment to Change of Zone Ordinance No. 09-049 and 09-050 Applicant: T & M properties, LLC (Formerly Samson, LLC) Request: Amendment to Condition C (Time to complete Construction) and Conditions N (Fair Share Contribution) Tax Map Key: 7-5-010:013 (formerly 7-5-010:013 and 7-5-023:063, 064 & 067) In regards to the above-mentioned Amendment to Change of Zone application, the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE, 2006 EDITION Note: Hawai `i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai `i amendments. County amendments are identified with a preceding "C " of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For 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, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. Hllanvlina Deg,, Exhibit Hawaii County is an Equal Opportunity Provider and Employer. r , �16 � B i y., Michael Yee May 17, 2017 Page 2 C— 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel condncting�firefighting operations, hydrant testing, and/or maintenance, and the Bushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2Y Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, - or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3 When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 in) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Michael_ Yee May 17, 2017 Page 3 18.2.31.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, -NTPA 131), or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 131), or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. , C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Michael Yee May 17, 2017 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased wizen vertical clearances or widths are not adequate to accommodate fire apparatus. C— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2X The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 in drop in 6 m) or the design limitations of the fire, apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. Michael Yee May 17, 2017 Page 5 18.2.3.4.7 'Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3 S Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4` Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.42.1 shall not be trespassed upon or used unless authorized by the owner and the AHLIJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Michael Yee May 17, 2017 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1" A water supply'approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Michael Yee May 17, 2017 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Michael Yee May 17, 2017 Page 8 3) The Fire Department Connection (FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. Michael Yee May 17, 2017 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 323-4760. DARREN J. ROSARIO Fire Chief CB:ds Harry Kim A'Ioyor County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 Fax (808) 961-2389 Paul K. Ferreira Police Chief Kenneth Bugado, Jr. Deputy Police Chief May 12, 2017 --J TO : MICHAEL YEE, P NNI -DIRECT ' FROM MITCHELL KANE� AILUA, JR., A SISTANT C , AREA II OPERATIONS SUBJECT DOCKET NO: REZ 17-000220 (AMEND REZ 524 & REZ 709) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-049 AND 09-050 = APPLICANT: T & M PROPERTIES, LLC (FORMERLY SAMSON, LLC) REQUEST: AMENDMENT TO CONDITION C (TIME TO COMPLETE CONSTRUCTION) AND CONDITIONS N (FAIR SHARE CONTRIBUTION) TAX MAP KEY: 7-5-010:013 (FORMERLY 7-5-010:013 AND 7-5-023:063, 064 & 067 This is in response to your memorandum dated April 26, 2017, regarding your Amendment to Change of Zone Ordinance No. 09-049 and 09-050. Thank you for allowing the Hawai'i Police Department to make comments. At this time the Hawai'i Police Department has no comments. Should you have any questions, please contact Captain Gilbert Gaspar Jr., Commander of the Kona District at 326-4646, extension 299. GG/jaj RS170407 r ,gig -ling Dept Exhibit i "Hawai'i County is an Equal Opportunity Provider and Employer" 11.64E-� Harry Kim Mayor Wilfred M. Mahe Managing Director William A. Kucharski Director CwV of Hand ` i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street, Suite 41 - Hilo, Hawaii 96720 (808) 961-8083 - Fax (808) 961-8086 cohdem@co.hawaii.hi.us hgp://www.hawaiicouniy.gov/environrnental-manalzement/ MEMORANDUM Date . May 2, 2017 Diane A. Noda Deputy Director To MICHAEL YEE, Planning Director From WILLIAM A. KUCHARSKI, Director ot Subject: Docket No: REZ 17-000220 (Amend REZ 524 & REZ 709) Amendment to Change of Zone Ordinance No. 09-049 and 09-050 Applicant: T & M Properties, LLC (formerly Samson, LLC) Request: Amendment to Condition C (Time to Complete Construction) and Conditions N (Fair Share Contribution) Tax Map Key: 7-5-010:013 (formerly 7-5-010:013 and 7-5-023:063, 064 & 067) The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X )Other: Refer to Item L of Ordinance 09-49 which was provided as EXHIBIT a of the 5/12/2017 application. WK:mt County of Hawaii is an Equal Opportunity Provider and Employer. tF-� � ann 1 De -pit. Exhibit A -L DAVID Y. !GE REZ 17-000220 (Amend REZ 524 & REZ 709) VIRGINIA PRESSL ER, M.D. GOVERNOR OF HAWAII "P:•"-"' '4 ,t :- a 1959 v9 DIRECTOR OF HEALTH Amendment to Condition C and Conditions N r yi 7-5-010:013 and 7-5-023:063.064 & 067 ; a.Yccii�yv' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: May 15, 2017 = - TO: Mr. Michael Yee - Planning Director, County of Hawaii FROM: Eric Honda Gj/( District Environmental Health Program Chief SUBJECT: Docket No: REZ 17-000220 (Amend REZ 524 & REZ 709) Amendment to Change Zone Ordinance No. 09-049 and 090-050 Applicant: T & M Properties, LLC (Formerly Samson LLC) Request: Amendment to Condition C and Conditions N TMK: 7-5-010:013 and 7-5-023:063.064 & 067 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60. 1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on April 28, 2017. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], * A Section 401 Water quality Certification (WQC) is required if your project/activity: Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and �a iii ¢�js May result in a discharge into State waters. The term "discharge" is z 3 By Iiia 1 6 3201T, Michael Yee May 15, 2017 Page 2 of 4 defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of "discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in -water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021, Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e -Permitting Portal website located at: https:Heha-cloud.d.oli.haNvaii.gov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: littp://health.hawaii.gov/cwb/. • National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(1) through (ix) and (xi). -Storm water and certain non -storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction Michael Yee May 15, 2017 Page 3 of 4 activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e -Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Pennitting Portal website located at: https:Heha-cloud.doh.hawaii.�-yov/epermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://Iiealtli.liawaii.s4ov/cwb/. ® According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage -and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement o Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of $25,000 per day per violation. ® Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control Manage projects identified in watershed -based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.Uov/doh/pollutedrunoffcontrol. Michael Yee May 15, 2017 Page 4 of 4 If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: http://liawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. SidneyFuke, Planning Consultant Planning • Variance - Zoning Tel Pauahi Street, 9-15 212 • Hilo, 08)Hawaii 98 -0640 g g Telephone: (808) 969-1522 •Cell: (808) 989-0640 •Subdivision •Land Use Permits E-mail: sidfuke@hawaiiantel.net Environmental Reports June 7, 2017 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAF I 101 Pauahi Street - Hilo, HI 96720 Dear Mr. Yee: Subject: Rezoning Time Extension Request (Ord. Nos. 09-049 and 09-050) T & M Properties, LLC TAM: 7-5-010: -13 = + Thank you for providing agency comments regarding the subject matter. Prior to responding to them, however, I would like to regrettably inform you that one of the principals of T & M Properties recently and unexpectedly past away necessitating some adjustments to the company and related matters. In spite of that, the entity still is active and would like to continue with the request before you. Accordingly, in response to these comments, we provide the following: a. The Department of Water Supply(DWS) noted that the subject site is currently eligible for fifty (50) water units, subject to their paying the water commitment fee for twenty two (22) units. The applicant intends to make that payment immediately upon the hopefully favorable disposition of the time extension request. The current project calls for the development of one hundred four (104) senior and/or assisted living facility units instead of the originally planned one hundred forty nine (149) conventional multiple -family residential units. Because a project of that nature would generate less water needs than a conventional housing project, the applicant — as requested by the DWS — plans to submit a water usage calculation study to determine exactly how many senior or assisted living units could be supported by the fifty (50) water units. The applicant then intends to scale back, if necessary, and tailor its project according to the number of available water units. b. The Department of Public Works — Engineering PRW-E) noted that the subdivided road frontage has yet to be dedicated to the County, as required by Condition D. As the applicant only recently secured complete interest in the properties, it was not aware of this requirement. Nonetheless, it has no objections to its dedication within a fixed period after the hopefully favorable action of its extension request. Relative to DPW -E's suggested amendments to Conditions F and E, to better address potential encroachments within the Hualalai Road right-of-way and improvements mxr Planning �@ �thin the expanded right-of-way, the applicant believes that they are prude t;aneh g •• �h � ., pthus have no objections to them. , Exhibit._ __ _M00- 0 Mr. Michael Yee, Director June 7, 2017 Page 2 Finally, the applicant was unaware of the proposed amendments to the Flood Insurance Rate Map (FIRM), resulting in portions of the property now being changed from the "X" to the "AE" zone. Even if not officially adopted, since July 31, 2015, the DPW has been using that as its basis for regulatory or permitting review. Such would be the case here. Had it known and was in receipt of the August 1, 2015 letter, it would have designed its project with the AE zone in mind as part of this time extension submittal. . Nonetheless, the applicant believes that the project can be redesigned by clustering the units and all structural components within the relatively ample Zone X areas; and the non-structural improvements, such as parking and landscaping, would be directed to the Zone AE areas. We trust that the above adequately responded to the comments. If not or if there are further questions, please let me know. Thank you very much. Sincerely, SIDNEY M. FUKE Planning Consultant Copy — T & M Properties, LLC via email Mr. Brian Cook via email M=Aff SidneyFuke, Planning Consultant Pauahi Street, Suite 2 96720 Tel - •Hilo, Hawaii Telephone: (808) 969-1522 Fax: (808) 969-79967996 Aarw E-mail: sidfuke@hawaiiantel.net September 10, 2018 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: • Planning - Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports /.l C=1 Subject: Rezoning Time Extension Request (Ord. Dios. 09-049 and 09-050) 3 T & M Properties, LLC TMK: 7-5-010: 013 7. This is to follow up on my discussion with Ms. Maija Jackson of your staff seeking an update on the Department of Public Works - Engineering's ("DPW -E") comments, dated May 22, 2017, relating to the floodplain management. The DPW -E noted that although the entire site is designated Zone X on the current Flood Insurance Rate Map ("FIRM"), "portions of the property are within Zones AE and AO on the Drat Keopu Hienaloli FIRM" (Emphasis added) The affected property owners, including the applicant, were notified of DPW's proposal to do a FIRM revision pursuant to its Draft Keopu and Hienaloli Streams Flood Study ("DKHSFS"). To date, the required study, preliminary map, and FIRM amendment request have not been submitted by the County DPW to the Federal Emergency Management Agency ("FEMA"). The current and proposed FIRM maps are attached. In spite of its non -adoption, the May 22, 2017 memo added that the DKHSFS "were made effective July 31, 2015 by DPW for regulatory (permit review) and Hawaii County Code Chapter 27 Floodplain Management purposes. " This position or policy was subsequently amended in a public letter, dated October 5, 2017. In that letter, a copy of which is attached, the DPW stated that "A County advisory flood study map shall be used for informational purposes only. It will not be used for regulatory purposes. It is recommended, but not required, that proposed development be built in compliance with these advisory maps. " Notwithstanding the revised policy, the applicant is prepared to respect the draft AE and AO designations that currently affect a portion of the property. As such and as recommended by the applicant's project engineer (Mr. Ty Dempsey of Dempsey Pacific), all structures would be situated outside the proposed AE/AO zones, leaving that area for landscaping, parking, and other non-structural improvements. A preliminary site plan reflecting this concept is now being prepared and will be submitted within the next week or so. Given the above, the applicant would have no objection to having a condition r -A i' the project not having any structures within the proposed AE/AO zones.riQ �9 A A $' • Mr. Michael Yee, Director September 10, 2018 Page 2 We look forward to your continued review and processing of this matter, including a determination of the request's compliance with the Kona CDP, as determined in a March 5, 2009 memo to your office from the KCDP project manager. Thank you very much! Sincerely, kASIDNEY Planning Consultant Enclosures Copy — T & M Properties, LLC w/ enclosures via email Mr. Brian Cook w/ enclosures via email n .. rn W CD Cil� 0. 0 0 p 1 O 3 W .1 \ N 71 C TI (D (U 70 X A, r E fes 1 x .NE Pt,1 Lrf r3_F: j ZCr'NE } F — zoKE XPTL L# 3' RI `t.+'°� r ` M f/ } BASEMAP: FIRM BASEMAP Flood Hazard Assessment Report : } www.hawaiinfip.org THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO FOR MORE INFO, VISIT: http://www-scd.hawaii.gov/ THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO FOR MORE INFO, VISIT: http://dinreng.hawaii.gov/dam/ 200 400 ft Disclaim , ca a1da wif Department of Land and Natural Resources (DLNP) assumes no responsibility arising from the use, 15 _ , rempleteness and t meliness of any information contained in this report. Viewers/User. are --s responsible liv,-yersyrng the accuracy of the information and agree to indemnify the DOM its officers, and employ ees fro m o;.a'•* which may arise from its use of its data or infiormation. f this moo has bee .identified as `PRELIMINARY, please note that it is heina provided for informational purposes •:;� not CC he 1=d for flood insurance raring. Contact your county floodpljin manager/orlTood zone determino- c"s� r; ;s �..e�, b sampliance siith lata/ f)ccdy!ain management regulations. SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100 - year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAS include Zone A, AE, AH, A0, V, and VE. The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood- Mandatory flood insurance purchase applies in these zones: Zone A: No BFE determined. 7-7-777 ' Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. —' Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. F_ as Zone VE: Coastal flood zone with velocity hazard (wave action); Ems. .) BFE determined. Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent Floodplain areas that must be kept free of encroachment so that the 15K. annual chance flood can be carried without increasing the BFE. NON -SPECIAL FLOOD HAZARD AREA - An area in a low -to -moderate risk flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities. Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of IV. annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Zone X: Areas determined to be outside the 0-21% annual chance floodplain. OTHER FLOOD AREAS Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance purchase apply, but coverage is available in participating commu- nities" Property Information Notes: COUNTY: HAWAII TMK NO: (3) 7-5-010:013 WATERSHED: WAIAHA PARCELADDRESS: UNKNOWN ADDRESS KAILUA KONA, HI 96740 Flood Hazard Information FIRM INDEX DATE: APRIL 02, 2004 LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL- 1551660713D PANEL EFFECTIVE DATE: MAY 16, 1994 THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO FOR MORE INFO, VISIT: http://www-scd.hawaii.gov/ THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO FOR MORE INFO, VISIT: http://dinreng.hawaii.gov/dam/ 200 400 ft Disclaim , ca a1da wif Department of Land and Natural Resources (DLNP) assumes no responsibility arising from the use, 15 _ , rempleteness and t meliness of any information contained in this report. Viewers/User. are --s responsible liv,-yersyrng the accuracy of the information and agree to indemnify the DOM its officers, and employ ees fro m o;.a'•* which may arise from its use of its data or infiormation. f this moo has bee .identified as `PRELIMINARY, please note that it is heina provided for informational purposes •:;� not CC he 1=d for flood insurance raring. Contact your county floodpljin manager/orlTood zone determino- c"s� r; ;s �..e�, b sampliance siith lata/ f)ccdy!ain management regulations. SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100 - year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAS include Zone A, AE, AH, A0, V, and VE. The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood- Mandatory flood insurance purchase applies in these zones: Zone A: No BFE determined. 7-7-777 ' Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. —' Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. F_ as Zone VE: Coastal flood zone with velocity hazard (wave action); Ems. .) BFE determined. Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent Floodplain areas that must be kept free of encroachment so that the 15K. annual chance flood can be carried without increasing the BFE. NON -SPECIAL FLOOD HAZARD AREA - An area in a low -to -moderate risk flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities. Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of IV. annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Zone X: Areas determined to be outside the 0-21% annual chance floodplain. OTHER FLOOD AREAS Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance purchase apply, but coverage is available in participating commu- nities" Mayor Wil vials Managing Director rigr �4 Aupuni Ceptor 101 huaji Stmt, SLite 1 • Hilo, HawaN 96-7204224 (803) 951-3321 • Fax (8(}8} 951-8530 p+�iic wch yvaiicc�u�y.gov ZWU i''41 -11W AD'VWDRY F LO13D S'! UD Y INIAP POLIO o AIN G. Simeon, P.E. Deputy Director 0ctruber 5, 701 a B ckeround The County03 Ha7aai`i periodically fiends and/or initiates County �i��d ���di2s on Lyle island In Its efforts to assess the flood risk in flood prone areas and to improve the accuracy of the Federal Emergency Management Agenc(s (FEMA) Flood Insurance Rate Map (FIRM). This is to promote the public health, safety, general welfare, and to rninimize public and private losses due to flood conditions. Prior to engaging in any future County funded andi'or Count -initiated flood studies, the County of Hawaii will notify the community of its intention and collect the community's input. Project status and updates will be posted on our County of FIawai'i Flood Awareness Website. A County advisory flood study neap is the resultant flood hazard reap from the County funded and/or County initiated flood study which is intended to be utilized to revise the FIR IL However, because these maps have not been submitted to FEMA los technical review and the FIRN'l map revision process has not been initiated, they shall be considered informational. A County advisonj flood study map shall not be confused with the following regulatory food studies and n, aps: FEMA's Effective Flood insurance Rate Map (FiRM). This is the official reap 09 a community or, which FEMA has delineated bots the special hazard areas and the risk premium zones applicable to the community. An effective FIRM is used by insurance companies and lenders to establish rates for flood insurance on properties with federally backed mortgages or loans. For more information on this, visit httr3s:J www_fema_ ov flood -insurance -rate -ma - irraa. This includes FEMA approved Letter of Map Revisions. FEMA's Preliminary Flood Hazard Data (Preliminary Data). Preliminary data is presented as the best information available at this time and include new or revised Flood insurance Rate Maps (FIRMs), Flood insurance Study (FIS) reports, and FIRM Databases. For more information or, ;his, visit https l/w ay ferrla gov/vlew-your-cosy men' rs-prelirninary- flood-hazard-data-fl. County of iiawai`i is an Equal oppmiuniry Provider and Employer. County Advisory Flood Study Map Policy omber 5, 2017 Page 2 A flood Body as required by Hayrai'i County Code (HCQ, Chapter 27, Section 27-2-1 to be used to determine Base Flood Elevations (BEE) in the general floodplain, Zone A. These studies are typically done fol' single lot developments as a condi-tion of the building M e pim,nit prass. A flood study as required for subdivisions, as described in FCC, Chapter 27, Sec -tion 27-20. A flood study :-;-,4 required for improvements adiacen,". to drairiage -FaCjl;V4-;:IS, as U"P-S-Cri-D-ad in HCC, Chapter 27, Section 27-25. POLICY A County adVasory flood study map shall be used fOr h-,,f--QFMati=,al PW Is GnIV- ft Will not be used for regulataF%-? purposes. Jq- is recommended, but not vequired, that proposed development be bulit in compflanva with these adylsory maps. Should you have any questions, please contact Bryce Harada of the Engineering Division at (808) 961-ED42. Allan G. Simeon, P.E. Deputy Director A(--2S/BH:vmh'a. County of Hawai'i is an Eqml COpor=,ity Provid-- and Em&yen SidneyFuke, Planning Consultant Pauahi Street, Suite 2 96720 Tel - •Hilo, Hawaii Telephone: (808) 969-1522 Fax: (808) 969-79967996 E-mail: sidfuke@hawaiiantel.net September 18, 2018 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: Planning • Variance - Zoning • Subdivision • Land Use Permits • Environmental Reports Subject: Rezoning Time Extension Request (Ord. Nos. 09-049 and 09-050) T & M Properties, LLC TMK: 7-5-010:013 I would like to use this means to modify my letter, dated September 10, 2018 responding to the Department of Public Works - Engineering's ("DPW -E") May 22, 2017 comments. In its comments, DPW -E noted that the Draft Keopu and Hienaloli Streams Flood Study ("DKHSFS") identified a portion of the site to be within the "AE" and "AO" designations. I noted that while not a mandate, the applicant was prepared to respect those designations in its design. Subsequently, we were informed by the applicant's project engineer (Mr. Ty Dempsey of Dempsey Pacific) that last year, on September 29, 2017, the County adopted the Draft Flood Insurance Rate Map ("DFIRM") which now shows the entire site to be within Zone "X". A copy of this adopted DFIRM is attached. Thus, since the property is clear of the 100 -year floodplain, it does not have any regulatory floodplain requirements. Notwithstanding this fact and because the County has indicated in its previous draft flood map of potential flooding of a portion of the site, the applicant is prepared to make sure that all structures are situated outside of any possible floodway. Further, if needed, a grading plan and additional landscaping/wall features can be to developed to provide extra flood protection of those structures from inadvertent flood waters entering the site. On the matter of water, the applicant understands that the idealized number of units of this senior housing project is one hundred four (104) and that it has access to fifty (50) units of water. While there may not be sufficient water at this time to support the entire project based on the standard Department of Water Supply's policy of four hundred (400) gallons per day/per unit, it is still sufficient to support at least half of the project. It is not like a situation where there is no water at all to even begin the project. It should also be noted and emphasized that even if all water units were available, due to financing and marketing purposes, the project would still be developed in phases. As such, the applicant would have no objections in having a condition that would require the project to be developed in phases, with the first phase not to exceed the number of available Manning Dept, 13 E CANNED Ial)! �� 2U jlJ� V Mr. Michael Yee, Director September 18, 2018 Page 2 water units. Any subsequent phase(s) would be subject to water availability. For control purposes, Plan Approval can be issued only the first phase, with any further Plan Approval subject to proof of water availability. This approach, it is reasoned, would be consistent with the spirit of the concurrency provision of the Zoning Code. We look forward to your continued review and processing of this matter, including a determination of the request's compliance with the Kona CDP, as determined in a March 5, 2009 memo to your office from the KCDP project manager. Thank you very much! Sincerely, SIDNEY M6KE Planning Consultant Enclosure Copy — T & M Properties, LLC w/ enclosure via email Mr. Brian Cook w/ enclosure via email Mr. Ty Dempsey w/ enclosure via email ➢,ter � � '"_•�• -Z �..3 UP '% s� ZQI�Th X ZO ¢XSr dr Cf �fi ZONE �* ZONEX t`� r' k - ZONE ler ti rak S. 'e: Ar z - ONE X i i ZONE X BASEMAP: FIRM BASEMAP FLOOD HAZARD ASSESSMEN LAYER LEGEND A 95a �w;� ������� �ssessmen� �e �r .. - .. . ,, I i1 www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAS) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100- � a rf year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A, AE, AH, AO, V, and VE. The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information (Votes: purchase applies in these zones: COUNTY: HAWAII :_� -. Zone A: No BFE determined. TMK NO: (3) 7-5-010:013 Zone AE: BFE determined. WATERSHED: WAIAHA PARCEL ADDRESS: T ru Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. KAILUA KONA, HI 96740 Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain); average depths determined. FIRM INOIX DATE: SEPTEMBER 29, 2017 Zone V: Coastal flood zone with velocity hazard (wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 1551660738F ' Zone VE: Coastal flood zone with velocity hazard (wave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29, 2017 Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 11Y. annual chance flood can be carried without increasing the BFE. NON -SPECIAL FLOOD HAZARD AREA - An area in a low -to -moderate risk THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO flood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO, VISIT: http://www.scd.hawarii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of FOR MORE INFO, VISIT: http://dinreng.hawaii.gov/dam/ 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Zone X: Areas determined to be outside the 0.2% annual chance 0 200 400 ft floodplain. Disclaimer: The Hawaii Department of Land and Natural Resources (DLNR) assumes no responsibility arising from OTHER FLOOD AREAS the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are responsible for verifying the accuracy of the information and agree to indemnify the DLNR, its officers, and employ- ees from any liability which may arise from its use of its data or information. 9'. - Zone D: Unstudied areas where flood hazards are undeter- a-1 mined, but flooding is possible. No mandatory flood insurance If this map has been identified as 'PRELIMINARY, please note that it is being provided for informational purposes purchase apply, but coverage is available in participating commu- and is not to he used for flood insurance rating. Contact your county floodplain manager far flood zone determina- nities. tions to be used for compliance with local floodplain management regulations. RT&WropertiesAmendREZ 11/26/18 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION T & M PROPERTIES, LLC (formerly SAMSON, LLC) AMENDMENT TO CHANGE OF ZONE ORDINANCE NOS. 09-049 and 09-050 Upon careful review of the applicant's request against the guidelines for approving amendments to a Change of Zone, the Planning Director recommends a favorable recommendation be forwarded to the County Council for the request to consolidate Ordinance Nos. 09-049 and 09-050 and to amend Conditions C, D and N of these ordinances and add a new condition to allow an administrative time extension. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The subject property is a dual -zoned parcel with approximately 3.227 acres zoned RM -2.5 and about 3.240 acres zoned CV -7.5. The property is subject to two change of zone ordinances (Ord. 09-049 and 09-050) with identical conditions of approval. The applicant requests to consolidate these ordinances into one ordinance for ease of implementation of the conditions of approval. The applicant also requests: 1) to amend Condition C of Ordinance No. 09-049 and Condition C or Ordinance No. 09-050 to allow a 5 -year time extension to complete constriction of the project, 2) a new condition be included to allow for an administrative time extension; 3) to amend Condition D of Ordinance No. 09-049 and Condition D of Ordinance No. 09-050 to delay dedication of the future road widening strip to prior to receiving a Certificate of Occupancy; and 4) to amend Condition N of Ordinance No. 09-049 and Condition N of Ordinance No. 09-050 to change the due date of the fair share contribution to be due and payable prior to Final Plan Approval rather than by a set period of time. As a result of the consolidation of the prior parcels into the current parcel (TMK: 7-5-010:013), Ordinance No. 09-049 (formerly Ordinance No. 92-36) and Ordinance No. 09-050 (formerly Ordinance No. 86-49) are considered a consolidated project with similar time -related conditions. The applicant acquired the subject property in 2011 and is now proposing to develop a 104 -unit senior independent living community. -1- Granting of the amendments would not be contrary to the original reasons for granting the rezone. The reasons for granting the original rezone has not changed, although the development plan has changed from a conventional multi -family residential development to a multi -family residential development focused on independent senior living. The applicant is simply seeking additional time to complete the development, to change the timing of when the future road widening strip lot will be dedicated to the County, and to change the timing of when the fair share payment will be made. The global economic downturn began in 2008, just before the last time extension was granted in 2009 to the foriner landowner. Since then the applicant has been exploring alternative uses of the property such as the proposed independent senior living units, exploring sources of construction financing and securing appropriate land use entitlements. The Director supports the applicant's request to add a condition offering an administrative time extension since it is possible it may take more than five years to secure and finalize perinits, construction plans, and complete construction of the proposed development. Granting of the amendments would not be contrary to the General Plan, Kona Community Development Plan, or the Zoning Code. There have been no significant changes in the General Plan, Kona CDP or Zoning Code since the last time extension to complete construction was granted in 2009. The proposed 104 -unit multiple family residential development on the 6.467 -acre property is consistent with the current LUPAG designation of Medium Density Urban, which allows for residential density of up to 35 units per acre. The General Plan identifies Hualalai Road as a collector street that requires a minimum right-of-way width of at least 60 feet. Since the Hualalai Road right-of-way is currently only 50 feet wide, Condition D of the ordinances required the applicant subdivide and dedicate a future road widening strip along the property's Hualalai Road frontage by May 2011. The Planning Director supports the applicant's request to amend Condition D because road widening strips are typically not dedicated to the County until road improvements such as pavement widening, curb, gutter and sidewalk improvements are first constructed in the road widening strip. These improvements are typically done prior to completion or occupancy of a project. -2- The General Plan also calls for the protection, restoration and enhancement of sites, buildings, and objects of significant historical and cultural importance to Hawaii. The property has two significant historic and cultural sites: the Kuakini Wall and a burial. In 1992 the State Historic Preservation Division (SHPD) approved the former landowner's Preservation Plan, which recommended stabilization of the Kuakini wall, buffer fencing around both sites, signage near the burial, and further assessment of some of the features around the burial site. The Director recommends adding Condition O to the ordinance in order to have the applicant implement these preservation and burial treatment measures. Additionally, it is recommended that the standard condition (Condition P) be updated related to reporting inadvertent archaeological and cultural finds during constriction. In a memo dated March 5, 2009, the Kona CDP Manager at the time, detennined that the request for a time extension to complete construction of the project was consistent with the objectives and policies of the Kona CDP. The applicant's proposed project will also meet Policy PUB -4.4 (Sewer Priorities) and Policy TRAN-3.4 (Retrofit of Existing Streets) of the Kona CDP by connecting the development to the County sewer system and providing improvements to Hualalai Road fronting the property within a future road widening strip. The concurrency section of the Zoning Code states that a traffic study is required whenever a proposed development will generate over 50 peak hour trips. The applicant's November 2016 TIAR concluded the project will generate less than 50 peak hour trips and the nearby intersections will continue to operate at acceptable levels -of -service. Section 25-2-46(m) (Concurrency Requirements) of the Zoning Code indicates that a zoning amendment application shall not be granted unless the Department of Water Supply has detennined that it can meet the water requirements of the project and issue water commitments using its existing system. The site is serviced by the County water system and the applicant had 50 water commitments that expired in February 2017. The Department of Water Supply (DWS) indicates that they cannot support more than 50 dwelling units on the property at this time. Additional water will require extensive improvements to the County water system, which may include source, storage, booster pumps, and transmission and distribution facilities. The Director recommends revising -3- Condition B to phase development of residential units with water availability, meaning since only 50 units of water are currently available the development would be limited to 50 dwelling units or its equivalent until water system improvements are made and additional water becomes available. This recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed development, prior to its commencement or establishment upon the subject property. Additional govermnental requirements may include the issuance of building pennits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with the State Department of Health regulations related to construction noise and dust, among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that the Planning Commission forward to the County Council a favorable recommendation to consolidate Ordinance Nos. 09-049 and 09-050 and to amend Conditions C, D and N of these ordinances and add a new condition to allow an administrative time extension. The accompanying draft bill consolidating Ordinance Nos. 09-049 and 09-050 and reflecting the recommended amendments to conditions of approval is provided for your consideration. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and housekeeping revisions. (Material to be deleted is bracketed and struck through and material to be added is underscored). -4- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. CPlah►�i►� �ep�� J AN ORDINANCE AMENDING: (1) ORDINANCE NO. 09-049, WHICH AMENDED ORDINANCE NO. 95-118, WHICH AMENDED ORDINANCE NO. 92-036, WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) AND DOUBLE -FAMILY RESIDENTIAL — 3,750 SQUARE FEET (RD -3.75) TO MULTIPLE FAMILY RESIDENTIAL —2,500 SQUARE FEET (RM -2.5) AND VILLAGE COMMERCIAL — 7,500 SQUARE FEET (CV -7.5), RESPECTIVELY, AT HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:063); AND (2) ORDINANCE NO. 09-050, WHICH AMENDED ORDINANCE NO. 06-138, WHICH AMENDED ORDINANCE NO. 90-010, WHICH AMENDED ORDINANCE NO. 86-049, WHICH RECLASSIFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL — 2,000 SQUARE FEET (RM -2) TO VILLAGE COMMERCIAL — 7,500 SQUARE FEET (CV -7.5) AT HIENALOLI 5TH AND 6TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:064 AND 067). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 1 and Section 2 of Ordinance No. 92-036 are repealed. SECTION 2. Section 1 of Ordinance No. 86-049 is repealed. SECTION 3. The district classification of the following area situated at Hienaloli 4"' North Kona, Hawaii shall be Multiple Family Residential (RM -2.5): Beginning at the Southwesterly corner of this parcel of land, being also a point on the Northerly boundary of Lot 375 of Aloha Kona Subdivision (File Plan 871), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 1,994.27 feet South and 2,638.27 feet East and running by azimuths measured clockwise from True South: -1- -2- Thence, for the next seven (7) courses following along the remainders of Lot A-1 and Royal Patent 1600 and 1930 to Asa Thurston, Land Cormnission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions: 1. 160° 09' 29.34 feet along stonewall to a point; 2. 172° 05' 19.70 feet partially along stonewall to a point; 3. 164° 48' 25.00 feet to a point; 4. 156° 40' 58.10 feet partially along stonewall to a point; 5. 141' 07' 50.20 feet along stonewall to a point; 6. 146° 49' 35.90 feet along stonewall to a point; 7. 172° 3 P 42.02 feet along stonewall to a point; 8. 257° 55' 2.01 feet along stonewall and along Royal Patent 7904, Land Commission Award 4226 to I-,uae to a spike (found); 9. 165° 21' 3.56 feet along stonewall and along Royal Patent 7904, Land Commission Award 4226 to Kuae to a 1/2 inch pipe (found); 10. 252° 39' 30" 443.06 feet along Land Commission Award 7716, Apana 5 to R. Keelikolani to a point; 11. 259' 46' 6.16 feet along Land Commission Award 7716, Apana 5 to R. Keelikolani to a 1/2 inch pipe in concrete (found); 12. 252° 40' 5.36 feet along Land Commission Award 7716, Apana 5 to R. Keelikolani to a point; -2- Thence, for the next four (4) courses following along the Southerly side of the Keopu Channel Improvement Parcel 17 (County of Hawaii, Owner): 13. 317° 24' 30" 73.20 feet to a point; Thence, following on a curve to the left with a radius of 150.00 feet, the chord azimuth and distance being: 14. 305° 09' 30" 63.65 feet to a 1/2 inch pipe (found); 15.- 292° 54' 30" 197.59 feet to a point; 16. 342° 48' 16.26 feet to a 1/2 inch pipe (found); 17. 72° 51' 37" 642.08 feet along Lots 361, 362, 363, 364, 365, 371, 372, 373, 374 and 375 of Aloha Kona Subdivision (File Plan 871) and along Land Commission Award 8524-13, Part 3 to Peke to a rebar in concrete (found); 18. 80° 55' 37" 11.25 feet along Lot 375 of Aloha Kona Subdivision (File Plan 871) and along Land Commission Award 8524-B, Part 3 to Peke to the point of beginning and containing an area of 3.227 Acres. SECTION 4. The district classification of the following area situated at Hienaloli 4th North Kona, Hawaii shall be Village Commercial (CV -7.5): Beginning at a 1/2 inch pipe (found) at the Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot A-2 (Road Widening Lot) and being an angle on the Northeasterly side of Hualalai Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 2,004.99 feet South and 2,083.75 feet East and running by azimuths measured clockwise from True South: -3- 1. 239° 05' 449.95 feet along Lot 1 and along Land Commission Award 7716, Apana 5 to R. Keelikolani to a 1/2 inch pipe in concrete (found); 2. 257° 55' 71.20 feet partially along stonewall and along Royal Patent 7904, Land Commission Award 4226 to Kuae to a point; Thence, for the next seven (7) courses following along the remainder of Lot A-1 and along the remainder of Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions: 3. 352° 31' 42.02 feet along stonewall to a point; 4. 326° 49' 35.90 feet along stonewall to a point; 5. 321 ° 07' 50.20 feet along stonewall to a point; 6. 336° 40' 58.10 feet partially along stonewall to a point; 7. 344° 48' 25.00 feet along stonewall to a point; 8. 352° 05' 19.70 feet along stonewall to a point; 9. 340° 09' 29.34 feet along stonewall to a point; 10. 80° 55' 37" 69.16 feet along Lot 376 of Aloha Kona Subdivision (File Plan 871) and along Land Commission Award 8524-B, Part 3 to Peke to a 1/2 inch pipe in concrete (found); 11. 342° 04' 37" 110.94 feet along Lot 376 of Aloha Kona Subdivision (File Plan 871) and along the remainder of Land Commission Award 8524-B, Part 3 to Peke to a point; me Thence, for the next six (6) courses following along Lot A-2 (Road Widening Lot): 12. 72° 00' 40" 105.80 feet along the remainders of Land Commission Award 8524-B, Part 3 to Peke and Grant S-15700 to James F. Boe to a point; Thence, following along the remainder of Grant S-15700 to James F. Boe on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 13. 80° 57' 05" 146.08 feet to a point, 14. 89° 53' 30" 86.32 feet along the remainder of Grant S-15700 to Jaynes F. Boe to a point; Thence, from a tangent azimuth of 101 ° 22' 20" following along the remainders of Grant S-15700 to James F. Boe, Land Commission Award 8524-B, Part 3 to Peke and Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions on a curve to the right with a radius of 250.00 feet, the chord azimuth and distance being: 15. 122` 49' 182.80 feet to a point; 16. 144° 15' 40" 17.58 feet along the remainder of Royal Patent 1600 and 1930 to Asa Thurston, Land Corrunission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point; -5- 17. 152° 21' 54.43 feet along the remainder of Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to the point of beginning and containing an area of 3.240 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 5. Section 1 of Ordinance No. 09-049 is repealed. SECTION 6. Section 1 of Ordinance No. 09-050 is repealed. SECTION 7. In accordance with Section 25-2-44, Hauwai`i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 8. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -6- SECTION 9. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -7- r EXHIBIT "A" T&M Prop. LLC Map: 1391 -3. 5 RD 3.75/� % �� 1 - 9 V A -5a R CN -20 Ic A -5a 9yti CV- CN -20 A -5a "C. / V 9 CV -7.5 -3 7 � Gy CV -7. R - 75 M- CV -7. R -3 5 A -5a CV- .5 RM -1 M RM -1 RP -1 C 7.5 CV -7.5 5 RD -3.75 A -5a CV -7.5 CV -7.5 RM -1 A 5 OPEN RM -1 i.-..-....._. .. - a V-7.5 RM -2.5 1 I.....,._.._..._� ........_.m,_..._.. O A i CV -7.5 - R 10 5 A Q CV -7.5 r ° .5 /' RS -10 .25 -7.5 RM -2.5 1 CV -7.5. CV -7.5 �._.-._..... RM -4 OP A -la G RM -2.5 �2 A -la - 5 i y� yGq RM -4 OPE A -la A -la V 7.5 RM -2 RM -1 RM -2 Feet 0 500 1,000 2,000 3,000 AMENDED h.11AP TO REPLACE ZONING DAPS FOR ORDINANCE NO. 92-036 AND ORDINANCE NO. 86-049, BOTH LABELED AND REFERRED TO AS "EXHIBIT A" MAP PREPARED BY: COUNTY OF HAWAI'I, PLANNING DEPARTMENT TMIC: (3) 7-a-o1o:013 DATE: May18, 2017 EXHIBIT "A" T&M Prop. LLC Map: 1391 CT&MPropeities-AmendREKdoc 11/26/18 T&M PROPERTIES, LLC (formerly SAMSON, LLC) AMEND CHANGE OF ZONE ORDINANCE NOS. 09-049 and 09-050 (REZ 524 & REZ 709) CONDITIONS OF APPROVAL A. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. B. [ •] Prior to the issuance of a water commitment by the Department of Water SuppI (DWS), the applicant shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations for the initial commitment of 50 units of water. The applicant shall obtain water commitments to develop the requested number of residential units prior to submitting plans for Final Plan Approval for any portion of the project. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this [addit ena amendment] ordinance. Prior to constriction, the applicant, successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. D. A future road widening strip along the Hualalai Road project frontage as determined by the Department of Public Works shall be [subdivided a„a] dedicated to the County [within twe years ftem the effeetive date f this amendmann]prior to the issuance of a Certificate of OccupancX. -1- E. The applicant shall realign and provide collector street improvements to the entire project frontage along Hualdlai Road consisting of, but not limited to, right-of- way and pavement reconstruction and widening with concrete curb, gLrtter and sidewalk, drainage improvements, streetlights, signs and markings and any relocation of utilities, meeting with the approval of the Department of Public Works. Unless prevented by circumstances beyond the applicant's control or otherwise approved by DPW, the [T4e] widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. F. Access to Hualdlai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. Unless prevented by circumstances beyond the applicant's control or otherwise approved by DPW, the [fie] applicant shall provide a left turn storage lane on Hualdlai Road to the subject property prior to the issuance of a Certificate of Occupancy. All sight distances to the approach shall meet the requirements of the Hawaii Statewide Uniform Design Manual (AASHTO). G. Any utility poles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. H. Any vehicular security gate shall be located a minimum of 60 feet (exclusive of gate swing) from the proposed Hualdlai Road right-of-way with a turnaround on the County road side of the gate. This 60 -foot requirement shall not apply to the emergency access. I. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. -2- J. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recormnended drainage system shall be constricted, meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. K. All eai thwork. and grading activity shall confoi7n to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. L. Comely with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules Department of Health, which requires a NPDES pen -nit for certain constriction activity. ' [K -.]M. A Solid Waste Management Plan shall be submitted to the Department of Enviromnental Management prior to the issuance of a Certificate of Occupancy. [L -.]N. The Department of Environmental Management requires the submittal of a sewer study by the applicant to the County of Hawaii, Wastewater Division (COH- WWD). The sewer study is intended to define the wastewater flow contribution from the proposed development, evaluate the impact to the existing County - owned sewer system and if necessary, propose an upgrade of the private 8 -inch sewer line serving the proposed development based on the results of the sewer study. The sewer study shall be prepared in accordance with the City & County of Honolulu Design Standards. If applicable, design plans for constriction of a new sewer extension shall also be submitted to the COH-WWD for review and approval. If the private sewer line is intended to be dedicated to the County of Hawaii, as -built plans of the private 8 -inch line and details of the new connection to the sewer line shall be submitted to the COH-WWD for review and approval. Documents shall be prepared in accordance with Hawaii County Code Chapter 21- Sewers, Hawaii Administrative Rules, Title 11, Chapter 62- Wastewater Systems, and COH-WWD Sewer Standards. O. Prior to the initiation of constriction work or ground disturbance on the property, or prior to receipt of Final Plan Approval, whichever occurs first, the applicant shall assess the additional features at Site 13673 that were found during a -3- May 20, 2009 site visit and implement preservation and burial treatment measures as approved by the State Historic Preservation Division in the 1992 Preservation Plan, or a revised Preservation Plan. [M -.]P• [ > ] In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platfonns, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or constriction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [] The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval [of within five years f em ]. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a fonn of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a maximum combined value of [$7,383.36 $9,195.34 per -4- multiple family residential unit ([Q"5Q613]$14,329.89 per single. family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple -family residential unit (single family residential unit) shall be allocated as follows: 1. [$3,642.80]$4,535.80 per multiple family residential unit ([�=,���� 48:46]$6,910.13 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [$111]$143.36 per multiple family residential unit ([66]$333.35 per single family residential unit) to the County to support police facilities; [$354.081$440.97 per multiple family residential unit ([$58:66]$658.40 per single family residential unit) to the County to support fire facilities; 4. [$158.811$196.54 per multiple family residential unit ([Q'1.45]$288.25 per single family residential unit) to the County to support solid waste facilities; 5. [$3,114.361$3,878.67 per multiple family residential unit ([$4,929.90] per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or constrict improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council; provided however, that the cost of providing and constricting the improvements required in Conditions D and E may be credited against the sum specified in Condition [(S}]) for road and traffic improvements. -5- [0-.]R. 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance. [g]S. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. [Q -:]T. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this amendment. The report shall address the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that fiirther reports are not required. [R -.]U. Comply with all applicable County, State and Federal laws, rules, regulations and requirements. V. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. M The time extension granted shall be for a period not to exceed the period originally granted for perfonnance (i.e., a condition to be perfonned within one year may be extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -7- z 0 O NO O INO N i O O O N N C) .1 000 < z m w 73 0 z M- m m z 0 M > C) Z (7) '10 CD (o CD C:) 0 1p ul CD m > r- m ---i 0 -n > 71 > M > > � c K.x, a�7 70 M M FTI M ITJ > L m > C) JJ 0 �o r) 0 M 0 I- 2 -7-7 ---j r c C) 0 m 0 00 —0 > > Z > 0 (- - 5 :j m 0 m Cf) CC -jj 0 t,Tl Ft 000 < z m w 73 0 z M- m m z 0 M > C) Z (7) '10 CD (o CD C:) 0 1p ul CD • (i Lei m > r- m ---i 0 • (i Lei v ,:, w�,. "�.,,- �. �. u. E a .� � -< A LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 10, 2018 A regularly advertised hearing on the application of T & M PROPERTIES, LLC (FORMERLY SAMSON, LLC) (REZ 17-000220) was called to order at 9:32 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokdlole Highway, Kailua-Kona, Hawaii, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Scott Church, Perry Kealoha, Sonny Shimaoka and Michael Vitousek ABSENT AND EXCUSED: Faye Yates ALSO PRESENT: Ronald Kim, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager);-Maija Jackson (Planner) and Noriko Sauer (Commission Secretary) And seven people from the public in attendance. APPLICANT: T & M PROPERTIES, LLC (FORMERLY SAMSON, LLC) (REZ 17-000220) Request to amend Condition C (Complete Construction), Condition D (Dedicate Road Widening Strip), Condition N (Fair Share Contribution), and add a new condition to allow an administrative time extension, of 1) Ordinance No. 09-049, which amended Ordinance No. 92-036, which reclassified 5.52 acres of land from Unplanned (U) and Double -Family Residential -3,750 square feet (RD -3.75) to Multiple -Family Residential - 2,500 square feet (RM -2.5) and Village Commercial -7,500 square feet (CV -7.5) and 2) Ordinance No. 09-050, which amended Ordinance No. 86-049, which reclassified 1.04 acres of land from Multiple Family Residential -2,000 square feet (RM -2) to Village Commercial -7,500 square feet (CV -7.5). The subject property is located along the north and east side of Hualdlai Road, northwest of the Aloha Kona Subdivision, Hienaloli 4th, 5th and 6th, North Kona, Hawaii, TMK: (3) 7-5-010:013 (formerly 7-5-023:064 and 067). UNGER: The first agenda item, Applicant T & M Properties, LLC, formerly Samson, LLC, REZ 17-000220. Request to amend Condition C, Complete Construction; Condition D, Dedicate Road Widening Strip; Condition N, Fair Share Contribution; and add a new condition to allow an administrative time extension of: 1) Ordinance No. 09-049, which amended Ordinance No. 92-036, which reclassified 5.52 acres of land from Unplanned and Double -Family Residential -3,750 square feet, RD -3.75, to Multiple -Family Residential -2,500 square feet, RM -2.5, and Village Commercial -7,500 square feet, CV -7.5; and 2) Ordinance No. 09-050, which amended Ordinance No. 86-049, which reclassified 1.04 acres of land from Multiple -Family Residential -2,000 square feet, R1\4-2, to Village Commercial -7,500 square feet, CV -7.5. The subject property is located along the north and east side of Hualdlai Road, northwest of the Aloha Kona Subdivision, Hienaloli 4`h° 5`h and 6`h, North Kona, Hawaii, TMK (3) 7-5-010:Parcel 013, formerly 7-5-023:Parcel 064 and 067. At this time we'll have County make their presentation. JACKSON: Thank you, Chair Unger. Good morning, everybody. So, I will be brief in the subject matter since Chair Unger just had a mouthful of introduction on this ordinance. This is a request to amend two ordinances by T & M Properties, LLC: The first ordinance is No. 09-049, and 09-050. The subject property is located in the North Kona District. You can see the property with the red dot on top of it. And, just for orientation, we have Queen Ka`ahumanu Highway running in a north -south direction in the middle of the slide, you have Kuakini Highway running closer to the shore, and then Hualalai Road coming off of Kuakini heading mauka. The property is located just, just a north of a bend of Hualalai Road. You can also seethe Aloha Kona Subdivision just east of the subject property. So the property is dual -zoned, with about 3.227 acres zoned Multi -Family Residential -2.5 and about 3.24 acres zoned CV -7.5. The property is subject to two zoning ordinances because it consisted of four separate parcels when it received its current zoning in 1986 and 1992. These ordinances have been amended over the years, with the most recent amendment creating Ordinance 09-49 and 09-50 in 2009. These are the two ordinances that the applicant is now requesting to amend. So the applicant is requesting to consolidate those ordinances, into one ordinance to cover the entire property. And if you do a side-by-side comparison of the ordinances, they have identical conditions; so Condition says the exact same thing in Ordinance 09-49 as it does in 09-50. So that's the reason the applicant is requesting to consolidate so that one ordinance covers the entire property, which would cover the entire project. The second request is to amend Condition C of the ordinances to allow a five-year time extension to complete construction of the project. So the project was supposed to have been completed five years from 2009, which would have been 2014, and I believe they received an administrative time extension, and so now they are requesting another five-year time extension to complete construction. They are also requesting a new condition be added to allow an administrative time extension so that they can get an additional five years, should the first five-year time extension not be enough time to construct the project. The fourth request is to amend Condition D of the ordinances to delay dedication of the future road widening strip to prior to occupancy of the project. The current Condition D says that the road widening strip is to be subdivided and dedicated within two years of the 09 ordinances, so it was supposed to have been done in 2011. And this is somewhat of an old ordinance; we've changed the way we do things now. What the Planning Department currently recommends in these Change of Zone ordinances is to have the road improvements be done — the pavement widening, drainage improvements, curb, gutter, sidewalk — and then dedicate the widening strip with those improvements prior to occupancy of the project, rather than arbitrary to your timeline. And then lastly, the applicant is requesting to amend Condition N of the ordinances to change the due date of the fair share contribution to be due and payable prior to Final Plan Approval. And this is another change that would be consistent with our current practice of how we condition rezone ordinances. Current Condition N says that the fair share fee 2 DRAFT is due and payable five years from the effective date of those ordinances, so that would have been 2014. And, again, rather than an arbitrary timeline, the way we usually condition ordinances now is to make the fair share fee payable prior to Final Subdivision Approval, or in this case since they are doing a multi -family residential development, it would be prior to Final Plan Approval. This is the applicant's conceptual site plan. You can see Hualalai Road. You can see the curve here extending east. The access would be on the straight -way portion of Hualalai Road. And you can see, these yellow buildings are the seven multi -family structures that they are proposing. You see the parking areas and the roads in gray. Over here is a community park and pavilion, and a pool and pavilion, and then a community building. Also; on the site plan you can see the Kuakini Wall and another historic site and preservation buff, er,located in this area here. The applicant is currently proposing a little over 100 multi-familyresidential units geared towards senior independent living. The County zoning of the property, as I mentioned before, is CV -7.5, which is shown in the lighter pink, and RM -2.5, which is shown in the red. Zoning around the property is fairly mixed with Residential; you have Multi -Family Residential to the north, you have the Aloha Kona Subdivision to the east, which is zoned RS -10, there is a property to the south also zoned RM -2.5, which is currently vacant, and then to the west are the Resort zoning. The General Plan designation for the property is Medium -Density Urban, which is shown in the orange, and that allows a density of up to 35 residential units per acre. This is an aerial view of the property. Again, you see Hualalai Road. You have, the property to the north is the Regency at Hualalai care home. You have a mix of commercial and resort uses to the west, and then the Aloha Kona Subdivision to the east. This is a view of Hualalai Road looking east. The property would be on the left side here. And a view looking west. The property would be on the right side. The driveway would be just a little bit off of this picture before the fire hydrant. And this is a view of the property at the current access looking north. The Planning Director is recommending a favorable recommendation be sent to the County Council to consolidate the ordinances into one and to amend Conditions C, D and N. And since you received your background and recommendation reports, we have one email that was sent as testimony dated November 25th from Mark Van Pernis. And that concludes my presentation. UNGER: Great, thank you. Commissioners, any questions? [None.] Maija, can you go back to the slide showing the highway frontage? Yeah, one, yeah, right there. So the parcel that's being developed is on the right, and the parcel, and so on the other side, in the information package DRAFT somehow there is a nexus between that parcel and that parcel depending on the improvements to the highway frontage. Is, can you explain that, or is that true? JACKSON: I believe two ordinances both have conditions regarding providing additional right-of-way on Hualalai Road in order to accommodate a left -turn pocket. Because there is a curve there, Department of Public Works wants to see a left -turn pocket for people moving into and out of both of those properties. So, currently, Hualalai Road I think is 50 feet wide, as far as the right-of-way, and both properties would be required to give a five-foot road widening strip. UNGER: Is one depended on the other? In other words, can the property owner on the left not complete their project unless the property on the right completes their project? JACKSON: No, they are not depended on the other; the road improvements would still need to go in once the T & M property is developed, and then in the future when the next property comes in, they would have to give additional right-of-way for pavement widening. UNGER: Okay. And, to clarify, when you say it "turn-off pocket," that's, that's, in other words when you are driving along, your single lane coming up, and you can pull over and traffic can pass, you can pull over and then take you left— JACKSON: To make a left turn— UNGER: —into the project. JACKSON: Yes, yes. UNGER: Okay. So, according to the documentation here, and the recommended changes, that may or may not happen depending on circumstances, which may or may not be under the control of the applicant. Is that correct? JACKSON: My understanding is that Public Works did have some concerns because the Kuakini Wall does intersect the right-of-way, and so Public Works felt that if for some reason SHPD required preservation of that portion of Kuakini Wall, they wouldn't be able to breach it, then, of course, they would have to come up with another solution for the left -turn pocket improvements. UNGER: Okay, okay, well, I'll continue the question with the applicant just to get a status report because that seems pretty important at this point to not know or to know. CARR SMITH: Chair Unger? That prompts a question for me, because I'm pretty sure that the parcel on the left is a condominium complex that is being marketed right now. I don't believe they've started construction yet. So, do you know what their plans are for access off of that road? JACKSON: I don't know exactly where they are proposing access, I haven't seen that, but 4 DRAFT CARR SMITH: But you guys look at that stuff, right? JACKSON: Yeah— CARR SMITH: Yeah. JACKSON: —and I would think, normally Public Works asks for accesses to be across from one another and not off -set, because that way, if you install a left -turn pocket for both sides, it aligns. So I would guess that that's where their access is going to be. CARR SMITH: Okay, thank you. JACKSON: Uh huh. SHIMAOKA: The only question that comes to my mind is when you said it's consistent with the previous practices, as far as extensions, is there any limit to the amount of extensions that a property owner can apply for? Because it seems like this is kind of long. JACKSON: There is not a limit to the number that they can apply for; it's up to the Commission whether they feel like that's appropriate or not. And so— SHIMAOKA: Because I'm going off of Nancy's question about if you have other developments, would they hinder their development? JACKSON: If, no, one is not depended on the other. SHIMAOKA: Okay. JACKSON: If T & M were to for whatever reason not get the time extension, the property across the way would still need to provide a five-foot road widening strip and they would need to put in a left -turn pocket— SHIMAOKA: okay, that all stays in place— JACKSON: Yes. SHIMAOKA: —with the surrounding developments, they although seem like, you said the accesses will be right across from each other, correct? JACKSON: I'm assuming that's what Public Works is going to require because that's what they typically require. SHIMAOKA: Okay. UNGER: And, just to clarify, we area recommendation body to the County Council. Is that correct? 5 DRAFT JACKSON: Yes. UNGER: Okay. Okay. Questions? CARR SMITH: Yeah, I was going to save some of this for later, but just, so, the permit expired in 2004, did you say? JACKSON: The CARR SMITH: And then you said that there may have been a five-year extension? JACKSON: Two thousand— CARR SMITH: Sorry, I don't— JACKSON: on't JACKSON: Two thousand fourteen, I'm sorry. UNGER: Two thousand fourteen, right. JACKSON: Yes. CARR SMITH: And then there may have been another five-year extension or there was not, and we are at that point now? JACKSON: There was not, I'm sorry, there was not. So the zoning has been somewhat in limbo since 2014. CARR SMITH: Okay. And what you guys'— JACKSON: Which is why they are coming in now. CARR SMITH: —what is Planning Department's normal procedure for dealing with that? JACKSON: We typically don't track every zoning ordinance and their time frames just because we don't have the resources to do that. So typically what happens is if an ordinance goes stale like this one did, when a developer is ready to develop, they will come and we say, well, we won't issue any approvals until you refresh your ordinance with the Planning Commission and County Council. CARR SMITH: Okay. Otherwise, there is no consequence for them. JACKSON: No. CARR SMITH: Okay. 6 DRAFT VITOUSEK: Chair? I guess, so this is a new developer, correct? JACKSON: Yes. VITOUSEK: On a new project? JACKSON: Yes. VITOUSEK: But using the pre-existing expired ordinance to renew? JACKSON: They're, it's not expired, but they are using a stale ordinance, yes. VITOUSEK: - So, I mean, stale just means that they've missed their deadlines? JACKSON: Yes. And so it's likely that when they purchased the project, or when they purchased the property, they knew that there was a stale ordinance attached to it – actually, maybe the applicant can expand on that – because I think when they purchased the property in 2011, the ordinance was still fresh at that time, and then it lapsed. VITOUSEK: Is "stale" a technical term or is that just— JACKSON: ust JACKSON: That's my term. VITOUSEK: Okay. [Laughter.] JACKSON: That's a term we use in Planning. VITOUSEK: So, basically, it's not clear, it's not a clear idea what happens once deadlines have been missed. Is that right? Unclear— JACKSON: When deadlines are missed and we become aware of it in Planning, we can decide whether to let the ordinance sit until a new developer comes in and wants to refresh the ordinance through Council or we can decide if the ordinance is out of alignment with our current plans whether it should be reverted to its original zoning. VITOUSEK: Got you. JACKSON: Those are the options that the Planning Department has. VITOUSEK: And you guys thought that this was a project where you think it will align well with the use JACKSON: The zoning is consistent with all of our plans. 7 DRAFT VITOUSEK: Yeah, okay. CHURCH: Does the Plan Approval — is there a subsequent Plan Approval, if this is approved? JACKSON: Yes. CHURCH: Okay, so it has be resubmitted again. JACKSON: Yes, they need a new Plan Approval because Plan Approvals are typically only good for two years. UNGER: Great, thank you. If there's no further questions, we can call the applicant up. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? FUKE: I do. [Mr. Cook affirmed inaudibly.] UNGER: Please state your name and area of residence. FUKE: Sure. Good morning, Mr. Chairman, Members of the Commission. My name is Sidney Fuke. I'm a planning consultant. My residence is in Hilo, Hawaii. COOK: Good morning. My name is Brian Cook. I'm a local resident here in Kona. I've been here for 30 years. UNGER: Great, thank you. You may proceed with your presentation. FUKE: Thank you very much, Mr. Chairman. I think the questions that the Commissioners raised were very good one and so maybe I would kind of like to begin by kind of like touching on some of these questions, and then fueling further, if, questions, if the Commissioners have them. I think that one of the questions relate to like why we have conditions relating to construction timetable. You know, I've got to, part of the reason why is that in years past when rezoning ordinances were approved, there were no construction timetable; they were just kind of like if the zoning was appropriate, then fine, you know, then you just, the properties were appropriately zoned for residential or commercial or whatever have you. Then over time what happened was that people, well, planners or even the general public were looking at the numerical situation where like we have like 1,000 acres of RS -10 zone properties that's undeveloped, so why is there a need to rezone another land and then add to this inventory when you have like 1,000 acres of land that's, that's undeveloped and then capable of being developed. So, that kind of like started the thought process in terms of maybe there ought to be some sort of like a time constrain just to make sure that from a numerical standpoint we were kind like in a ball game. And then there were like other situations where the plans changed, you know. One classic example is like in the Keaukaha area in Hilo; the General Plan called for Resort, you had properties that were zoned for Resort, and then the General Plan was subsequently changed to eliminate some of the Resort designation in certain portions of Hilo, so now you then look at the zoning ordinance, say, for DRAFT example like this, and then the zoning ordinance now we're saying that, oh, okay, it's zoned Resort but the General Plan has changed, so do you still want to continue that pattern. So the idea is by having the time constraints it gives the decision -makers the opportunity to kind of like re -look at the whole situation and then kind of either say no to the time extension or like yes subject to additional conditions. Then again, plans and policies may change, too. So, if you look at like all of the other previously approved or more recently approved reasons for granting time extension, the reasons they use is like whether the granting of the time extension would not be contrary to the General Plan or the Zoning Code, and just like I think what the staff kind of pointed out, the General Plan and all that stuff. So when you look at it from, and the other reason is that whether the granting of the time extension would not be contrary to the original reasons for the granting of the Change of Zone. So, you know; you go back again, you look at 2009, or when the original zoning was, and you look at today, and then you ask yourself like if you have to kind of redo the whole zoning, rezoning ordinance like today, you know, would you still arrive at the same conclusion. And, the argument is that probably yes because the General Plan hasn't changed, so on and so forth. I think there are two other things that need to be mindful; since the adoption of the original zone change, there were two significant things that happened here in the Kona area. One was adoption of the Kona Community Development Plan, 'and the second was adoption of the concurrency provision, which required :you make sure you have enough water, your sewer system, your sirens, you know, your civil defense system. They are all part and parcel of the ordinance. So any time you go through a time extension, then these are the things that if you can't comply with, because they are like how, they are the lens we look at all time extensions today, so if the conclusion is that, okay, you can fulfill that, then it's justification for the approval; if you can't, then it's justification for the denial. In this particular situation, you know, we believe like all of the reasons for the original approval and relative to the Kona CDP and the. concurrency provision, they've all been fulfilled or they can be fulfilled. What the, for the most part, what the applicant is requesting, as noted by the staff, a lot of these changes, a lot of these proposed changes are like, number one, they are like more editorial in nature, and secondly, they would be like an upgrade of the conditions of the former conditions of approval. There were additional conditions that were imposed, you know, because of the need to upgrade these conditions, and I think that's totally appropriate, and the upgrade came in the form of like the wastewater requirement, if you look at all the underscored item, what the staff is suggesting, additional requirements relating to archaeological preservation — I think I've said enough, what else now? Oh, there was a, secondly, moving on for the reasons for the extension, then, you know, the question about the access. So, the development on the south side of Hualalai Road, you know, the property is currently zoned Multiple -Family and it's allowed for a condominium project as well, as well as this project over here. Public Works understandably has the concern about like, you know, Hualalai Road because, you know, you, right below this on the makai side, you know, you have the bend, so they just wanted to make sure that the intersections for both projects on the north and the south side of Hualalai Road kind of like intersect. So there are conditions associated with this project that require like a left -turn lane, you know, so it doesn't impede with the mauka-bound traffic. And, likewise, for the property on the south side there's like a similar DRAFT condition. So it requires like that to be lined up. Now, where it will be lined up is a function of essentially like who starts first, because construction plans haven't started, you know, haven't been approved yet by the County. So, if T & M in this situation here — there is a requirement to develop your construction plans, curb, gutter, sidewalk, your left -turn storage lane, that's got to be approved by Department of Public Works. Well, they set the parameter, they set this parameter; so if and when the developer on the south side elects to develop his property, his or her property, then they would have to respect what's there on the ground and then adjust their own driveway. The final question I think dealt with maybe like, you know, the parcel history, you know, Samson, LLC and now T & M Properties. And so, to that I'd like to defer Brian to respond to that. COOK: Yeah, thank you, Sid. I'm a local developer here in Kona, and Tommy and Marie Thompson, that's T & M Properties, we met Marie about five years ago going to our church, and their little.company had co -ventured with a developer from Maui back in 2004, and they formed this venture and in that venture T & M Properties was basically a silent partner. And they were a financial partner; they invested a million and a half dollars to start the project. T & M Properties also co-signed a loan with Pacific Rim Bank at that time for a loan of, I think, 2.9 million dollars. And the development was started. They laid out a condominium project, a multi -family project, of approximately 139 units. That was in 2008, 9. The developer from Maui got into financial difficulty with the downturn in the market, and by 2011 T & M Properties had to, because they co-signed the loan, they had to take over the loan with Pacific Rim Bank, and take over the property, so the name changed from Samson, LLC. When they took over the project, they had to pay the bank down additional 400,000 dollars on the loan. So they have, since April 2011, they've been paying 8,500 dollars a month interest payments on the loan. Tommy Thompson passed away about a year and a half ago suddenly. He was in his office, his wife said, they moved from Kona to Arizona, he was in his office at 7:30 at night and she heard a sound, she went in, and he basically was rushed to the hospital, he died two and half hours later, had massive brain bleed. So, Marie and her little company now they are paying 8,500 dollars a month. When I had met them in, about four, five years ago, they asked if I could help with the property. So we laid out a different concept, independent living for seniors, 104 units, right next to the Regency at Hualalai, and so that's what we've been working toward. We got the traffic impact analysis report back in 26x6, and we retained Sidney Fuke as planning consultant. Arid then we had the issues with the community development plan [inaildible] the community development plan and try to get the zoning [inaudible] kind of where we are at right now. Thank you. UNGER: Thank you. Continue? FUKE: I guess I just, two other points like what Brian had indicated was like, you know, T & M Properties, you know, they had an interest, you know, like with Samson Group, but they didn't really necessarily like sit still; they've, if you look at the report that we prepared, they fulfilled a portion of their affordable housing obligation, as well as paid a portion of their parks fee. So it's not like, you know, this is totally zero, they haven't done anything on the ground. And, as a matter of fact, they also had the road right-of-way subdivided, you know, hired a surveyor, they 10 DRAFT had the area subdivided. But it hasn't been conveyed yet because it makes more sense, as the staff had indicated, to convey that portion once, you know, all of the related improvements along the Hualalai Road are done. So that will be done. UNGER: Great, thank you. Commissioners, any questions? SHIMAOKA: Yeah, I've got a question. Is it totally now for seniors? Is that what I heard? The development, to provide for senior housing? COOK: Well, the preliminary concept I had Michael Riehm come up with was independent living for seniors, and that's what we had laid out and that's what the preliminary plan was. Independent living right next to the Regency at Hualalai is, kind of makes sense to me. CHURCH: Yeah, sounds like a pretty good project next to the Regency, and right around the corner there is also some low-income senior housing there, I know. My only concern is I know people zip down that road pretty darn fast, and so, I'm sure it's going to be looked at, but the traffic arrangement there is pretty critical. People go up and down that road and swing around those corners and they're moving pretty fast, so, I'm sure you are aware of that and that's been taken into account, but, those turn lanes are going to be important. UNGER: Commissioner Carr Smith. CARR SMITH: Could you explain to us what happens to the Kuakim Wall as it reaches that driveway and the amenity centers there across the street? FUKE: So the Kuakini Wall is probably like about like midway, you know, within the property. And so I think the initial discussion dealt like with what do you do with the Kuakini Wall as it relates to the gaining entrance to the property off of Hualalai. And so what Public Works really wants is like I guess, you know, in response also to Commissioner Church's question, is that they want the driveway to be situated furthest from the bend and so on the straight way, and so the further mauka you go then at some point in time, you know, you are going to penetrate the portion of the Kuakini Wall. So the proposed entrance is immediately makai of the Kuakini Wall, and so that's going to have to be stabilized and, you know, retrofitted. The SHPD also allowed for one breach of the Kuakini Wall within the property, so that's how they get access on the mauka end of the property. So that's the breach, as well as the adjacent to the Kuakini Wall is also like a burial preserve that was also part and parcel of an approved preservation plan, so that's going to have to be implemented as well. CARR SMITH: So the breach is where the amenity center is? The breach is able to be that large? FUKE: The breach is, you -know, the entrance is, you can see, where Hualalai Road is, so, apparently, like the Kuakini Wall actually begins like, you know, just immediately mauka of where the proposed entrance is, and then it kind of like continues north, and then you can see that gray, blueish gray line that runs north -south in the green area— DRAFT CARR SMITH: Yeah. FUKE: So that's the Kuakini Wall. And immediately mauka— CARR SMITH: That's truly where it is? FUKE: Correct. And then on the makai side is a burial preserve. CARR SMITH: And then on the amenity side the Wall gets breached. Is that FUKE: No, the only breach allowed would be to allow for the driveway to go from mauka to makai. CARR SMITH: I'm sorry, I don't understand where the Wall is on the amenity side. [Mr. Fuke walked up to the presentation screen and pointed to the mauka side of the entrance driveway on the applicant's conceptual site plan.] CARR SMITH: Okay, all right. So it's still visible on the amenity side of the road? FUKE: Are you talking about on the south side of the property— CARR SMITH: Yes. FUKE: —where the tennis courts are? CARR SMITH: Yes. FUKE: I don't think it's clearly shown over here, but it's going to have to be kind of like, well, it's going to be preserved, so they are going to have to do something in accordance with the preservation plan to preserve that portion to make it much more clear and visible. CARR SMITH: So it gets preserved where the amenity is so the only breach is where the road is— FUKE: Correct, yeah. CARR SMITH: —goes across. Thank you. VITOUSEK: My question is in regards to the SHPD letter from 2009 where they identified additional sites that were unrecorded. FUKE: Apparently there were. And so, Commissioner Vitousek, if you look at the staff proposed condition, they address that because they are going to require like that component to be 12 DRAFT further assessed and submitted to the SHPD. That's kind of reflected in proposed Condition O on Page 3, the bottom. VITOUSEK: And my question is what does that exactly mean, that this sites will be assessed? FUKE: Well, I have to defer that to the staff in terms of like, that's their language, so. VITOUSEK: Sure. JACKSON: There is a letter from SHPD from 2009, and in that letter they say — it's in your report, let's see, just to kind of paraphrase, oh, you have the letter. VITOUSEK: Yeah. JACKSON: So, they are basically saying that Site 13673 has been identified, but there are some additional features that they would like to be studied and assessed and possibly inventoried more. So the intent of this condition is prior to any construction beginning again or any ground disturbance or Final Plan Approval, whichever occurs first, the applicant needs to do an archaeological inventory survey of that area around Site 13673 to accurately capture inventory, identify all of those possible features that were found during that previous site visit. And then if the preservation.plan needs to be updated as a result of that, then they would have to update their preservation plan. VITOUSEK: Okay, so, is the language in there that they are required to do an archaeological inventory survey? JACKSON: The condition doesn't actually say archaeological inventory survey— VITOUSEK: I think it should. JACKSON: Okay. VITOUSEK: And, you know, because otherwise, you know, just having it assessed isn't like a concrete and specific requirement, and I think requiring an archaeological inventory survey to record the previously unrecorded properties is a concrete and specific requirement that everybody would understand and be able to follow. JACKSON: Okay. I think the idea of leaving it general was to have them contact SHPD and to consult with SHPD on what the best inventory or survey method would be, but if the Commission thinks an AIS is appropriate, we can certainly condition that. UNGER: Thank you. I had some general observations and then some specific questions. This is an interesting application because it does call in to question our process. And I understand what you said and also what the County said as far as the application going stale, etcetera, etcetera, but this property was rezoned in 1993, the current applicant didn't come on to scene till 2011. I understand that, there is no accountability, to a certain extent, going back to 1993, even 13 DRAFT though that's a long time to rezone a property anywhere, especially in Kona. And so it has since gone stale, come back active, gone, I think it went stale one time, using this term, and then Mr. Cook purchased the, you purchased the property in 20, or you are controlling the property— COOK: No, I'm just a friend as, I'm just helping them— UNGER: Okay, good, good— COOK: I'm just a friend trying to help them with the property— UNGER: —good to know. We'll call, we'll refer to the owner as the applicant. So the applicant has taken over since 2011, so they've been responsible since then. And I, so, understanding what you said, still, when you buy a property, the first thing you look at, you look at the ordinance, you look at the time extension, and in 2014 there, there is a deadline. And, and sitting on this Commission, I look at that as a deadline. I question to a certain extent what we are extending, because in 2014 this thing expired – let me finish, please [Mr. Fuke was about to respond] – this thing expired, and so I question, what are we extending? But I understand, you know, obviously we are extending these ordinances' etcetera, but I think the point is the applicant comes before the Planning Department, they negotiate in good faith, terms are set out, agreements are made based on those good -faith negotiations. And in 2014 the conditions weren't met. And so, I think it's just, for me, it's understood that there is nothing anymore; there is no ordinance, there, basically, you start from scratch. And if this wasn't even a hearing, I think the Planning Dep- everybody would just assume this is not happening, which is kind of where I'm at. So this is, to a certain extent, I'm thinking this is a great opportunity to push the reset button and go back in for rezoning, especially with all the variables that are on the table right now, with the question in regard to the turn-off lane, with the question, with the question in regards to, so we are proposing 104 units with only 50 water permits – and you can talk about that certainly – but .you've got 28 committed, 22 that you could commit to but haven't, and according to the Water Department, it would be tremendously expensive at this point to get another 54 commitments in order to do this project. So I'm looking at this, questioning if this is even going to happen. So, two specific questions, when the applicant purchased – and you may have answered it already – in 2011 when the applicant purchased the property, 2014 came, why didn't they, why weren't we here then talking about extensions at 2014? FUKE: To initially respond to the idea about like whether it's stale or otherwise, I think that from my point of view it's like the ordinance is in limbo. So whoever were to have purchased the property or whoever owns it right now, and they would want to apply for a building permit, you know, to do this or something that the zoning would allow it, the Planning Department would not be in the position to process it, you know, so they would go back and tell the applicant I'm sorry until this thing is formally amended, then, you know, you may have like an RM and a CV zoning but, you know, practically it's like a, it's like a hollow zoning; yeah, pretty much like what you are saying, it's like, you know, you really, you have zoning but you don't have zoning, so it's _like, like the roads in limbo, this is like a zoning in limbo. So, in other case the person would have to, or the landowner would have to apply for some modification of these conditions 14 DRAFT or revoke and apply for a brand new ordinance, you know, whatever the case may be. So my earlier point was that whether you revoke it and start all over again, the very fact is that the under the existing ordinances any time a time extension is to be considered by this body or by the County Council, it requires, exactly like how you said, like a reset button; you have to look at all the applicable requirements – the concurrency code, the Kona CDP, the General Plan, so on and so forth. And this is like the reset opportunity right now. . UNGER: So why didn't you apply before the Commission in 2014? FUKE: Well, I was called by Mr. Cook only three years ago— UNGER: Okay, so— FUKE: so I don't have the answer. UNGER: Okay. COOK: Yeah, Mr. Thompson was not a developer; he was just an investor back in 2004 and relied on the [inaudible] Samson, LLC to develop the property: He was a silent partner. When they had to take over the property, and at that point they had put in a million and a half dollars in initial investment, they co-signed the loan, they put up another 400,000, and 2011, because the bank was calling the loan, and basically, he was not a developer, didn't know what to do with the property, and a few years later when I met them, I offered to try to help them. And, so the property had just sat there. They were not developers, had no idea what to do with the property. They had just been paying 8,500 dollars a month on the loan, and hopefully, they could just sell the property, and so. UNGER: One more question, and I guess it's part and parcel, one of the requirements to ask for an extension is reasons beyond your control, one of the conditions was, that you didn't mention, but one of the conditions is just to submit an annual progress report, and according to the documentation this is the annual progress report that is supposed to take us back to 2009. And, at the very least, I would have expect an annual report just saying, hey, we are struggling, we've got some issues, we are still interested. There has been nothing, no correspondence, and that's not a good, that's not a show of good faith. FUKE: So, that's why when I came on board and looked at the conditions, and I had to make sure that all of these conditions were addressed one way or the other. And kind of like on the, do the annual report like on the trying to recount like whatever happened over the years, so during the course of the research, and that's when I found out that, yes, they did comply with a portion of the affordable housing obligation, a portion of the park and recreation fee, so on and so forth. But, you are right, Mr. Chair, I think like it should have been done like on a systematic basis, but it wasn't done. UNGER: Thank you. Commissioner Kealoha. 15 DRAFT KEALOHA: Yes. So, I understand that you are, they are basically inherited the project in an attempt to salvage their initial investment, but given the multiple extensions, are you seriously going to pursue this project or are you trying to retain your investment value for sale here? What are we approving? COOK: I have no investment in the property. I don't have ownership— KEALOHA: So are we going to be facing someone else? COOK: I was just trying to help them, see if they could get the property where it would be developable. And I felt like the independent living for senior right next to that project would be a good concept, rather than a larger project they'd proposed, 139 units. KEALOHA: So will you be diligently pursuing the project moving forward in a near term or is someone else going to be taking this over shortly? FUKE: Well, if I hear Mr. Cook correctly, you know, like neither he nor I are like the developer or, you know, the one that's putting up the money; he's a friend and, you know, I'm just kind of helping up on a consultancy basis. If, if the Council, if ultimately the County Council approves the time extension, what happens is that the, land use entitlement runs with the land; it doesn't run with the individual. So conceivably, you know, T & M Properties, you know, could be the developer or it could convey to someone else to, you know, to do it. But whoever does it would have to do it following the conditions and the terms outlined by the approved ordinance. So, the direct answer to your question is that we don't have the answer to that question; we don't know whether T & M are actually going to do the project. But that's the project that, based on what Mr. Cook has had discussion with T & M, feel that would be most appropriate for the property. CHURCH: I, maybe I should be more concerned with the lapse of time that Keith really articulated well, but on a case of the SMA, even if one condition is not met, the SMA doesn't go away, it runs with the land; it just means that the conditions are not met, and so there needs to be a reset or re-application to bring current the conditions of the original approval, which has not died, consistent with the various ordinances that have been passed and any zoning and so forth that's been changed. So, in this particular case I think that's what is being attempted here, and I'm not quite as concerned I think with the passage of time. SHIMAOKA: One thing that comes to mind is my original concern about whether this thing is going to get done or not. I know that our responsibility is to recommend favorable/unfavorable recommendation to the County Council. It will be my suggestion, because what I'm hearing from you two guys is you cannot give us a concrete answer on whether this project is going to be completed or not, and I know that the County Council is going to ask the question we want to ask, is we want to hear from the person that says, tells us that this project is going to be completed, this is not a pie -in -the -sky kind of a project. FUKE: I hear you, and so I guess like, so if you were to kind of do the reset button, or if you assume that – and kind of bad to assume, too, but – if you make the assumption and analyze that this is like a brand new ordinance, you know, brand new project that's been represented as being 16 DRAFT like a 104 -unit project and so on and so forth, then, you know, we are making the argument, you know, through the report, as well as the staff has indicated, that if you look at from the General Plan standpoint, the Kona Community Development Plan standpoint, the concurrency provision, you know, are they, like, other stars, the regulatory stars, kind of like in line? And the answer to that question is, yes, they are in line, except that it's not a brand new ordinance. Basically, it will amount to a brand new ordinance, if ultimately pass, but it's like an extension of an existing ordinance but all of the conditions are like a brand ordinance. That's all I can say here. UNGER: I thought you were very aggressive also in your application; not only are you applying for a five-year extension, you are also requesting an administrative additional five-year extension, and you even stated that due to unsure real estate markets and financial conditions in five years. That doesn't make sense to me. I don't understand,how that can be your reason for extending it, and as somewhat convoluted as this is, to ask fora five-year administrative extension I thought was pretty aggressive on your part, on the applicant's part. FUKE: Therefore, like, you know, and because of like what Mr. Cook had indicated, you know, there was a death in T & M Properties and all that stuff, so, when this was shared with me, you know, kind of figuring like, well, it's almost like a brand new ordinance, and if this were like a brand new ordinance, you would like a five-year construction window with the potential for a five-year administrative extension, not an automatic but it's a five-year administrative extension. So if the Commission is disinclined to consider an additional five-year, then my only suggestion is that, to delete the provision and so that there would be only just one five-year, and any subsequent extension, they would have to go through the same process, rather than having an administrative extension. CHURCH: I agree with the Chairman on this thing, too, these administrative extensions where we never see them again and they just seem to float :by. I know even my own situation, I, when I ask about it, I said no, it's not appropriate. And I don't think those things are. I think you come back. And that I think also answers Sonny's comment that there are no guaranties. I can remember we were here two years ago and asked the president of Bishop Estate when he said he had budgeting dollars for the subsequent year to take down the Kamehameha, the Keauhou Hotel, and he assured me that absolutely it was budgeted to be down. It didn't come down the next year. No, it didn't come down. It came down a year after that. So there are no guaranties on these things. But I think that administrative extensions I think we've got to do away with those, yeah. UNGER: Commissioners, any other questions of the applicant? Carr Smith. CAR SMITH: Mr. Fuke, are you saying that administrative extension is normal on a new ordinance? FUKE: If you were to start from scratch today, that's the way it would be, you know, like you have like five-year construction window with the potential for a five-year administrative extension. CAR SMITH: And can the Planning Department confirm that, please? 17 DRAFT YEE: Yeah. I confirm that. LINGER: Hearing no further questions, thank you FUKE: Can I just UNGER: Oh, go ahead, yeah, sorry. FUKE: Yeah, I'm sorry, Mr. Chair. You know, in response to what Commissioner Vitousek raised, you know, perhaps like that Condition O.could be amended to read as follows, like, "Prior to the initiation of construction work or ground disturbance on the property, or prior to receipt of Final Plan Approval, whichever occurs first, the applicant shall assess the additional features at Site 13673 that were found during a May 20, 2009, SHPD site visit and submit an appropriate report to SHPD, which may include an updated AIS for its approval," just to make it clear, yeah. VITOUSEK: Yeah. UNGER: Great, thank you. You maybe seated. The floor is open for public testimony. I have one testifier — Mr. Van Perris. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? VAN PERNIS: I do. UNGER: Please state your name and area of residence. VAN PERNIS: I'm Mark Van Pernis. I live in North Kona, I have since 1976. UNGER: Thank you. You may proceed with your testimony. VAN PERNIS: Thank you. Ladies and gentlemen, you've been conned. This project is decades old and needs to start over again. Mr. Cook does not have any interest, ownership interest in this property. He is bankrupt. I think you need to have the applicant here. There is no commitment whatsoever for elderly housing or low-income housing on this property. No one here can say there is such a commitment. The notice Mr. Fuke sent out did not refer the fact this project is decades old; it only referred that they request for a five-year extension, not the ten. It also is a situation where nowhere [inaudible] whatsoever within the notice there is a Commercial, Village -Commercial zoning, only to the so-called elderly housing for which [inaudible]. The representations on the history of the project are not accurate; the property was sold for profit in 2011. The County has provided zoning and other benefits to this property, making worth a good deal more, which has been realized while the County has got nothing. I suggest you start over again, withdraw everything, and have everything cancelled to start over again. The situation has dramatically changed. I'm surprised Mr. Yee and his department do not 18 DRAFT have very many facts here; they don't even know where the access is going to be. The project should begin again, or it should be bonded, or there should be some other financial or time researches put on the property. There are no question the property is in — excuse me — the proposal is in violation right now, right now, it's in violation several times over. And I have to ask who do you represent? The developer and its predecessors so they can make a profit or do you represent the people of Kona? Thank you. LINER: Thank you. You may be seated. Are there any other members of the public here to testify? Seeing none, I need a motion to close public testimony. SHIMAOKA: I motion we close public testimony. CHURCH: Second it. UNGER: We have a motion by Commissioner Shimaoka, second by Commissioner Church. All in favor? COMMISSIONERS: Aye. UNGER: Opposed? [None.] Motion carries. Public testimony is closed. Commissioners, at this time we'll entertain a motion on the applicant's request. VITOUSEK: Would it be possible to ask a question of staff before the motion? LINGER: Certainly. VITOUSEK: Sure, just wanted to follow up on an issue raised by Mr. Van Pernis about the requirement for this to be a senior living facility. Is that something that would be built into this approval? JACKSON: Typically, zoning doesn't require specific projects to be built. VITOUSEK: Got you. JACKSON: It would allow for anything, any use allowed in the RM or CV zoning district. VITOUSEK: Because I totally see the need for a facility like this and I think it's a great location for a facility like this, but without having the requirement for this and without a certain development, you know, future for it, it's hard to say what we are really approving. LINGER: So the process would be to make a motion and once it's seconded, the Commissioners can open it up for additional dialogue before vote. Commissioner Carr Smith. CARR SMITH: I'll take a shot at this. I move that a favorable recommendation be forwarded to the County Council on the request to consolidate and amend Change of Zone Ordinances 09-49 and 09-50, based upon the Planning Director's recommendation and proposed amended 19 DRAFT conditions, including the addition of adding an AIS as was mentioned by Mr. Fuke and the consideration of the requirement that the use be elderly housing, which shall be adopted. UNGER: We need a second. A second doesn't mean you support it; it means we can have it— CHURCH: I'll second it. UNGER: on the table for discussion. We have a second. Motion by Carr Smith, second by Commissioner Church. The floor is open for discussion. SHIMAOKA: Again, the same concern I had that I addressed to Mr. Fuke on the reality of this project whether it's going to be completed or not. I would recommend that we address the recommendation, the favorable recommendation to delete the five-year administrative extension. I would like to see the applicant. I'm assuming that the County Council will say the same thing, because, again, the County cannot operate on representatives who have no really authority to answer concretely to us. And so I don't know how to amend that, and I guess that's why you are here to help us. UNGER: That's fine. We can, why don't we continue this discussion, and then we can finalize a motion or you can retract and restate - well, let's go ahead and continue our discussion. CHURCH: I, from my prior comment you know that I thought it was a good project, and I find it interesting that this actually could find its way into a condition. I guess it could. I think it's natural that the evolution of the development concept is rested here. I think that's an interesting one and I would be supportive of it actually. SHIMAOKA: It comes up – I'm sorry, did I – can we restrict this to senior housing? UNGER: I think we, I think County just responded that no, but, basically, we are giving a recommendation to the County Council and they are going to make the final decision, and so that's where the, that's where Corporate Counsel will be involved. We can certainly make a recommendation that if we do approve this, we'd like to see elderly housing. But I think that's as far as our jurisdiction extends. SHIMAOKA: Okay. UNGER: Unless Planning would like to further comment. YEE: I would want to have a quick conversation with Corporation Counsel. UNGER: Okay, so why don't, we'll continue this discussion, maybe we'll take an executive session break after we have a chance to continue our discussion here with the motion on the table now. 20 DRAFT KEALOHA: You know, I generally support the notion of the plan. What I'm challenged with is I'm not certain that we have a genuine proposal going on as far as the development is concerned. And I don't know that I'll be supportive of the motion as it was presented. UNGER: As presented, I'll be voting against it, and then if the majority is against it, I'll be proposing a negative recommendation. And there are some relatively stringent requirements in proposing a negative recommendation against the Planning Department, but because basically they've gone through their, they've gone through their process why they recommend it, then so it's on the Commissioner who is going against the recommendation to also list their reasons. And so, I mean, my reasons is I guess lack of good faith, the fact that it did expire in 2014, nothing has happened since then, the question also would be the, whether good faith goes towards, is this going to be developed at all. And then, also, 'I question whether 104 units can even go there at first, whether they'll be able to get water permits to do 104, which is what they are proposing, so that's a question. So I would, I remiss in approving something that I have no idea really what the final outcome is. There is even a question on the turn -in lane, which could be resolved with pushing the reset button and going back before the County Council to reapply for zoning. And so when I look at the bigger picture, I'm, I would prefer to see this project start over again, especially with the length of time that it originated:at. CARR SMITH: Chair Unger? UNGER: Yes. CARR SMITH: So I have a lot of thoughts floating around on this. It's my understanding that the ordinances run with the land, and that they don't expire, that it's just the conditions that expire. I really am not comfortable, I think we are all uncomfortable, with the'fact that these things are allowed to expire and nothing happens or there is no consequence when they come back. I see that as an opportunity maybe for the Planning Department to create a new policy for how they deal with that so that it's a little more cut and dry as to how we deal with it as well. I think Commissioner Vitousek for being on this Commission and adding so much to it in terms of the AIS is a good thing, and even questioning whether we can keep, or require that this be an elderly housing facility, which I think is a really good use, and I would love to see that happen. So, anyway, I'm, I'm at odds but wanted to get this going — UNGER: That's good point. CARR SMITH: Yeah. CHURCH: One last comment here and that is that if we could make this the condition, the senior house, I think kicking the project down the road that has this potential – there is a need here — and moving the project forward, to me, offset some of the things you bring up. They are good points. But I think if we could move this project towards that and goal, I think that would be worthwhile. That's where I would be coming from. 21 DRAFT LINGER: I think we are circling back to the same point. I move that we break to executive session to further discuss the legal ramifications of a motion, and we will — [speaking to Mr. Kim] do I need a motion? SHIMAOKA: Yeah, I'll make a motion that we move to executive session to discuss this matter. CHURCH: I'll second that. UNGER: Motion by Commissioner Shimaoka, second by Commissioner Church. All in favor? COMMISSIONERS: Aye. UNGER: Opposed? [None.] We'll break for executive session. We'll be back in ten minutes. The room was cleared, and the Commission went into executive session at 10:41 a.m. for the purpose of consulting with its counsel regarding questions and issues pertaining to the Commission's powers, ditties, privileges, immunities, and liabilities, pursucant to Hawaii Revised Statuites 92-5. At 10:58 a.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the Commission go out of executtive session. Upon a voice vote, the motion carried unanimously. The meeting was reconvened at 10:59 a.m. UNGER: The hearing is back in session. We'll continue where we left off, there is a motion on the table that needs to be voted on or modified or withdrawn. VITOUSEK: Did we have the opportunity to, again to ask the Planning Director? UNGER: Yes. Let's go ahead and get the motion back, if you would like to amend the motion or keep it as it is, and we'll get a second on it, and then we can open it up for discussion, including the Planning Department. JACKSON: May I just restate the motion? UNGER: Sure, JACKSON: Okay, I understand that, Carr Smith, Commissioner Carr Smith made the motion, Commissioner Church seconded it, it was to approve, or to send a favorable recommendation to the County Council as recommended by the Planning Director, with an amendment to Condition O related to the AIS and to recommend that the use be elderly housing: Is that accurate? And there was discussion about the administrative amendment condition, but as far as I understand, that's the motion on the floor at this time. UNGER: So there is no, as part of the motion there is nothing addressing the administrative five-year extension. Is that correct? 22 DRAFT CARR SMITH: Correct. UNGER: Okay. Would you, and, is that a correct rendition of your motion in your opinion? CARR SMITH: Yes, I probably would have been a little more clear that I would like the proposed independent senior living to be a condition. JACKSON: Okay. UNGER: I'm sorry, to be what? CARR SMITH: A condition— UNGER: Oh, okay. CARR SMITH: Anew condition. UNGER: Okay. So you can modify your motion to include that. CARR SMITH: All right. I'd like to modify my motion to read I move that a favorable recommendation be forwarded to the County Council on the request to consolidate and amend Change of Zone Ordinances 09-49 and 09-50, based on the Planning Director's recommendation and proposed amended conditions, including adding an AIS in Paragraph 0, or O rather, and adding a condition that the use for the property be independent senior living units, which shall be adopted. UNGER: We need a second. CHURCH: I'll second that. UNGER: The table is open for discussion. KEALOHA: I can support that in general. I would like to add the elimination of the administrative extension of five years. UNGER: I don't think that's a part of your motion, or is it? CARR SMITH: It's not a part of my motion, but— UNGER: Right, no, that, so it's not— CARR SMITH: —we can agree to do that, if that's what everybody wants. But it's not a part of my motion because— UNGER: Okay, so you 23 DRAFT KEALOHA: I'd be opposing the motion, with a preference to including the elimination of the administrative extension. CARR SMITH: The only reason that it's not in there, I understand the concern and concept, but the Planning Director is telling us that that's the norm these days, so that's why I wasn't opposing that. UNGER: Commissioner Vitousek. VITOUSEK: And I could understand why for this particular case not having an administrative extension makes sense because of the lapses that have happened in the past and the changes to the development plan that have occurred. So I could see where in this particular case having them come back to the Council to, or Commission, to. request an extension would make sense. CHURCH: Yeah, I'm supportive, I'm supportive of that. That's why I raised it last time. Also, I'm concerned about this water permit issue that you brought up, and I would, I would be supportive of the inclusion as a condition, too, where prior to Plan Approval that all the water permits be secured. UNGER: Well, we still have the motion on the table with two recommendations, so, Commissioner Carr Smith, you can choose to modify your motion, we can vote, if it carries, it carries; if it doesn't, we can reopen the floor for a motion. CARR SMITH: That's fine. I can understand that in this situation maybe we don't want to add any more extensions, even if it is perhaps typical. And, as far as the water credits, it doesn't seem as though you have enough, they have enough, but I think that would come out later in the Plan Approval process. But, having said that, I'm willing to add those two items to my motion; so that would be to remove the five-year administrative extension option and to add the condition pending sufficient water credits. CHURCH: My objection was that the water permits would get secured in advance, and there is a fee for it, those get secured prior to Plan Approval, which we know they have to submit for anyway. CARR SMITH: Right, I think that's typical, isn't it? Part of the— UNGER: Yeah, but keep in mind there is not CARR SMITH: process anyway. UNGER: —there is not 104 units available. They won't be ready for five years, and so, I mean, essentially, we are saying this project can go forward, if we are going to recommend that— CHURCH: Unless they came back and requested phasing. 24 DRAFT VITOUSEK: Another question that I wanted to ask of the Planning Director or staff was the question on the zoning; if it is a negative recommendation from the Commission and also from the County Council, what happens to the property? YEE: Generally remains in limbo. But I'd like staff, because they certainly have much longer history around, you know, putting a condition possibly around a particular use, in this case senior housing, I'd like staff to talk about that a little bit. VITOUSEK: But, but before we do that, could – I'm just trying to understand this question – so the current zoning of RM -2.5 and CV -7.5, if it was a negative recommendation from both this Commission and from the Council, and it would go into limbo, but still not clear on what that means. Does it retain the same zoning and it's just the project is gone, or is the zoning gone as well? JACKSON: It retains the same zoning unless the Council, or the Commission, unless the Commission recommends to revert the zoning and.,the Council agrees- UNGER: Okay, that's what—. JACKSON: If the Council agrees to revert the zoning, then it would go back to, a portion of the property would be Unplanned and the other portion I think would be RM. UNGER: Okay, so like Corporate Counsel said, the zoning would stay in limbo on the property unless the County Council decided to go back to ground zero. JACKSON: Yes. So if the Council were to, to not support the time extension and amendments, they could direct the Director to initiate procedures to revoke, or revert, the zoning. UNGER: Or not. JACKSON: Or not. VITOUSEK: Or not, because if it's just not granting a time extension for this project but retaining the zoning, that's possibility. JACKSON: It's a possibility, but then it would leave it back essentially where it is now, just a zoning ordinance that has conditions that have not been met and are outdated. VITOUSEK: Okay. JACKSON: So I would just add that if the goal is to, if the long-term goal is to see housing developed on this property, then the fastest way to do that is to retain the zoning, rather than have the current applicants or another landowner have to come in in the future and attempt to rezone the property again; that would just be one other entitlement obstacle they would have to go through before moving a house- any type of housing project forward. 25 DRAFT VITOUSEK: Yeah, and I definitely think that, you know, from our discussions, we don't want to eliminate the zoning because we think it's appropriately zoned for this area; it's just a question is on this specific project, and how it would be dealt with, if this motion is denied. JACKSON: Yeah, and going back to what the Director asked, I would defer to Corporation Counsel because they know the legality of whether you can have a zoning ordinance that requires a certain project be built, whether that's contractual zoning. But, typically, when you receive zoning, you are allowed to do the full suite of land uses that are permitted in that zoning district. VITOUSEK: So, how would we then require that the project that's being submitted to us be the one that we are approving? JACKSON: The project is not actually being submitted to the Commission; this is a conceptual project that the applicant is proposing. What is before you is whether it is appropriate to issue a time extension and amend the conditions of the zoning ordinance for CV and RM zoning. UNGER: Great, thank you. And that is the motion on the table at this point. The motion is to essentially agree to a time extension and modify the terms of the extension, that's what's on the table right now. JACKSON: And if I could just add one more thing regarding the water issue. Commissioner Church, if I could just call your attention to Condition B and see if that actually meets the requirements that you were speaking of The way it reads now – the Director has recommended amendments to the current Condition B, and that language is underlined – basically it requires that the applicant secure water commitments within 180 days of the effective date of a new ordinance for the 50 units that are available, and then prior to development of any future phases beyond 50, what 50 units would support, the applicant needs to obviously make water system improvements or do whatever is needed to acquire additional water commitments— CHURCH: Works for me. JACKSON: —from Water Supply. CHURCH: There is probably ten more available. I would just shoot 16, now you only need six, so a couple of other people throw some more back in the- UNGER: We have a motion on the table. Commissioner Carr Smith, would you like to modify your proposal? Are you, perhaps we can re -read it one more time? Ms. Jackson, do you, could you summarize again? JACKSON: Uh, yes— UNGER: Or, maybe, Commissioner Carr Smith, would you summarize your motion one more time? 26 DRAFT CARR SMITH: I will, yes. I move that a favorable recommendation be forwarded to the County Council on the request to consolidate and amend Change of Zone Ordinances No. 09-49 and 09-50, based on the Planning Director's recommendation and proposed amended conditions, including the addition of an AI, requirement of an AIS in Paragraph O, and the deletion of the new condition, which allowed an administrative time extension, which shall be adopted. UNGER: Okay, great. That is the motion on the table. We have a second already, and so we can continue to the, if anybody has any other comment, we can discuss or we can call the motion, call a roll call. KIM: Sorry, I don't know if we had a second to the motion as amended. UNGER: We'll clarify. Can we have a second to the motion as amended? KEALOHA: I'll second. UNGER: So we have a second by, first by Commissioner Carr Smith, second by Commissioner Kealoha. Seeing no further discussion, I will call for roll call. JACKSON: Okay. Okay, I'm just going to reiterate because I think Commissioner Carr Smith dropped the requirement for the independent living facility condition. Correct? I only heard two changes— CARR SMITH: It's my understanding that the Planning Department said that that was not a relsonable request. JACKSON: Okay, so you are, you are choosing to drop that. CARR SMITH: Subject to you folks saying that that's not a normal condition— JACKSON: Okay. Okay, so there is— CARR SMITH: —otherwise I would not drop it. JACKSON: Okay. CARR SMITH: So if you want to reiterate, you could. JACKSON: So— YEE: No, I prefer that you drop it. JACKSON: So the 27 DRAFT UNGER: That, that being said, we are an independent body separate from the Planning Department and the County Council, and if you want that in there, you can certainly put that in there. The floor is still open for discussion. CARR SMITH: Yeah, I'd like to know what my fellow commissioners feel about that. CHURCH: I'd include it. VITOUSEK: I agree. UNGER: Would you like to amend your motion— CARR SMITH: Ugh— UNGER: to add, well, we can, and to, I mean you can abbreviate, "to add," "and to add." CARR SMITH: All right, I'd like to add to my motion a condition that the proposed project should remain in concept an independent senior living facility. UNGER: We need a second for the amendment, amended motion. CHURCH: Second. KEALOHA: Would the, maybe would the amendment state that anything but a senior living facility would constitute substantial change? Would that be.more appropriate? UNGER: I,1 would say we are getting into some, my opinion is we are Igetting into some detail; I think we've got that, that concept out there to the County Council, and it's somewhat not conventional, so I would rather leave it general rather than trying to get specific on the relatively unconventional point. CARR SMITH: That's my concern is we are altering what the Planning Department normally does, which— UNGER: Exactly. CARR SMITH: —I'm not necessarily comfortable with; I mean, that's not my job, that's their job. CHURCH: Except that it's a favorable ruling. The project moves forward with the clarification, which we put in, which influenced our opinion in the first place. VITOUSEK: And it is a recommendation to the Council, that this is the Planning Commission's recommendation to the Council, that this is what we think the project should be as presented by the applicant. And it's, you know, we are not making a decision.that limits it; we are just making our recommendation. 28 DRAFT CARR SMITH: I'm good with that. UNGER: Roll call. JACKSON: Commissioner Carr Smith? CARR SMITH: Aye. JACKSON: Commissioner Church? CHURCH: Aye. JACKSON: Commissioner Kealoha? KEALOHA: Aye. JACKSON: Commissioner Vitousek? VITOUSEK: Aye. JACKSON: Commissioner Shimaoka? SHIMAOKA: Nay. JACKSON: And Chair Unger? UNGER: Nay. JACKSON: Okay, the motion carries, four -zero, I'm sorry, four -two. UNGER: Thank you. Applicant, you'll be notified in writing. The discussion ended at 11:18 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 29 DRAFT