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HomeMy WebLinkAboutCOM 0197.000 2018-2020 Wil Okabe Managing Director Harry Kim +' �•�;.,��•+ Mayor Barbara J.K9sysow Deputy Managing lector Grunt of,..,Rafuniq • ®ffirr 1rf f11'Atavor co -nc- 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 rn KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 th) (808)323-4444 • Fax(808)323-4440 N C March 13, 2019 COUNTY CLERK COUNTY OF HAWAII RECEIVED Time x,:2.0 By Aaron S. Y. Chung, Council Chair Date SW,2.0(9 and Members)of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: Change of Zone Application (REZ 18-000232) Request: A-40a to A-5a Applicant: 64-560 Mamalahoa LLC Tax Map Key: 6-4-017:043 /Amendment to Change of Zone Ordinance No. 12-156 (REZ 983) Request: Time Extension to Condition D (Final Subdivision Approval) Applicant: Ellen Garver Koizumi Tax Map Key: 7-3-005:030 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter,transmitted herewith for the County Council's consideration and action is the Leeward Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, G C HARRY KIM Managing Director MTransCounci164-5 60MamalahoaREZ 18-232KoizumiREZ983 Enclosures cc: Planning Department 'a—(� Comm. Nat �I Ref.To: County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. nate MAR 2 2 2019 OJNSY OFH,��. Harry Kim Keith F.Unger,Chair Mayor • 4 ' Nancy Carr Smith,Vice Chair ; "' ' ' Scott Church ,• +Tot::'�; Perry Kealoha f dF'N'`'` - Oliver"Sonny"Shimaoka Michael Vitousek Faith"Faye"Yates County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 MAR 1 1 2019 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 12 156 (REZ 983) Applicant: Ellen Garver Koizumi Request: Time Extension to Condition D (Final Subdivision Approval) Tax Map Key: 7-3-005:030 The Leeward Planning Commission, at its duly held public hearing on February 21, 2019, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 12 156. The property is located at 73-4270 Hawai`i Belt Road, along the west(makai) side of Hawai`i Belt Road (Mamalahoa Highway), adjacent to and south of the Kona Coastview Subdivision at the end of Leimomi Street, Kalaoa 4th,North Kona, Hawai`i. The applicant requests a five-year extension of time to comply with Condition D (Final Subdivision Approval) of Change of Zone Ordinance No. 12 156, which amended Change of Zone Ordinance No. 02 64, citing market conditions. The following is a brief chronology of the development: • May 10, 2002: Date of approval of Ordinance No. 02 64. Condition D states, "Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance." Hawai`i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 2 • March 19, 2004: Date of tentative subdivision approval (SUB 2004-37). • February 3, 2010: Date of administrative time extension until May 10, 2012 to comply with Condition D. • December 14, 2012: Date of time extension until December 14, 2017 to comply with Condition D. • March 9, 2016: Date of revised tentative subdivision approval (SUB 2004-37). Ordinance No. 02 64 rezoned approximately 3.129 acres from an Agricultural (A-5a) to a Single Family Residential (RS-20) district to allow the 6-lot subdivision of the property. The applicant has submitted several revised preliminary plat maps and has received Tentative Subdivision Approval. The most recent revised map was submitted on November 13, 2017, for a proposed 6-lot subdivision,the maximum number of lots allowed for the subject property's RS-20 zoning. Although the applicant has previously secured tentative subdivision approval, Condition D of the ordinance required that Final Subdivision Approval be secured within five (5) years from the effective date of the ordinance. Tentative subdivision approval was secured on March 9, 2016. and an administrative time extension was secured until December 14, 2017 to comply with Condition D. The applicant could not comply with the condition by December 14, 2017 and seeks a five(5)-year extension of time. 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. The applicant has made a good faith effort in complying with conditions of Ordinance No. 02 64. However, Final Subdivision Approval needs to be secured for the completion of the project. The Department of Public Works and Department of Health had no concerns regarding the request. The Department of Water Supply has stated that the current water commitment has expired, and a water commitment deposit must be remitted to extend the commitment to January 31, 2020. The applicant will be required to comply with all of the stated conditions of approval. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The area was rezoned from A-5a to RS-20 in 2002. The General Plan designates the area as Low Density Urban, reflecting the approved zoning. Therefore,the Aaron S.Y. Chung, Council Chair „ and Members of the County Council County of Hawai`i Page 3 request would not be contrary to the General Plan. Additionally,the property is located within the Kona Urban Area as identified within the Kona Community Development Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area are"D"or"Poor"and"E", or"Very Poor." Based on the discussion above,the Planning Director proposes that a favorable recommendation be forwarded to the County Council to amend Condition D. The Planning Director also recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 12-156 is provided for your favorable consideration. Material to be deleted is bracketed and struck-through; new material 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 to be provided under separate cover. Sincerely, ,-DocuSigned by: -4A37C4A8100A4CB... Keith F. Unger, Chairman Leeward Planning Commission LKoizumiREZ9831pc2 Enclosures cc: Gregory M. Mooers, Mooers Enterprises LLC Ellen Garver Koizumi Department of Public Works Department of Water Supply Amy Self, Esq., Corporation Counsel BKoizumiAmend 02-04-19 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ELLEN GARVER KOIZUMI AMENDMENT TO CONDITION D (SUBDIVISION APPROVAL) CHANGE OF ZONE ORDINANCE NO. 02 64 (REZ 983) ELLEN GARVER KOIZUMI has submitted an application for a time extension to Condition D (Final Subdivision Approval) of Change of Zone Ordinance No. 12 156, which amended Change of Zone Ordinance No. 02 64, which reclassified approximately 3.129 acres of land from an Agricultural-5 acre (A-5a) to a Single-Family Residential-20,000 square feet(RS- 20) zoning district in 2005. The subject property is located at 73-4270 Hawai`i Belt Road, along the west (makai) side of Hawai`i Belt Road (Mamalahoa Highway), adjacent to and south of the Kona Coastview Subdivision at the end of Leimomi Street, Kalaoa 4th, North Kona, Hawai`i, Tax Map Key: (3) 7-3-005:030. PROPOSED ACTION 1. Applicant's Request/Project Description: The applicant is requesting an amendment to Condition D of Change of Zone Ordinance No. 12-156 (REZ 983) to allow an additional five (5) years from the effective date of this requested amendment to secure Final Subdivision Approval. 2. Landowner: Ellen Garver Koizumi 3. Supportive Information: The applicant (Ellen Garver Koizumi) has submitted a time extension request in support of the amendment. (Planning Department Exhibit 1—Time Extension Request dated November 29, 2018) BACKGROUND INFORMATION 4. May 10, 2002: Effective date of Change of Zone Ordinance No. 02-64, which changed the district classification from A-5a to RS-20 for TMK: 7-3-005:030. (Planning Department Exhibit 2—Change of Zone Ordinance No. 02-64) 5. SUB 04-000037: The applicant submitted a subdivision application on-March 20, 2004, for a proposed 6-lot subdivision. On May 19, 2015, the applicant submitted a revised • preliminary plat map, for a 2-lot subdivision, which received Tentative Approval. The most recent revised map was submitted on November 13, 2017, for a proposed 6-lot subdivision,the maximum number of lots allowed for the subject property's RS-20 zoning. The applicant was informed they needed a change of zone amendment. 6. December 14, 2012: Effective date of Change of Zone Ordinance No. 12-156, which amended conditions of Ordinance 02-64, including a 5-year time extension to comply with Condition D (Time to Secure Final Subdivision Approval) for TMK: 7-3-005:030. (Planning Department Exhibit 3 — Change of Zone Ordinance No. 12-156) 7. December 10,2018: The applicant received approval of a non-significant zone change for .018-acre from A-5a to RS-20: (Planning Department Exhibit 4 — Approval Letter • dated December 10,2018) STATE AND COUNTY PLANS 8. State Land Use Designation: Urban 9. LUPAG: The General Plan land use designation is Urban 10. County Zoning: RS-20 11. Kona Community Development Plan: The Kona CDP, adopted by the Hawai`i County Council on September 25, 2008, identifies the property as situated within the"Kona Urban Area." It is not within a designated Transit Oriented Development (TOD) zone but is situated within Concurrency Zone "B" on the Kona CDP Official Concurrency Map. 12. Special Management Area: The SMA is a part of the Coastal Zone Management Program regulated by the County.The property is not within the County's Special Management Area (SMA) and is located approximately 4.5 miles from the nearest shoreline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 13. Subject Property: The project site is located west (makai) of the Mamalahoa Highway and about 1,000 feet north of Kaiminani Drive. The project site is situated adjacent to and south of the Kona Coastview Subdivision. There is an existing farm dwelling located within the proposed Lot 1-C near the middle of the project site and a farm workshop and greenhouse within proposed Lot 1-A adjacent to the Mamaloahoa Highway. The remainder of the project site is vacant and was previously utilized for pasture. Slopes within the project site range between 6 and 20 percent. 14. Surrounding Zoning/Land Uses: To the north of the subject property is the Kona Coastview Subdivision, and to the south is Kona Palisades Subdivision. These subdivisions are situated within the State Land Use Urban District and are primarily zoned -2- Agricultural (A-5a) by the County. However, these subdivisions are essentially non- conforming residential sized lots ranging between 8,000 to 20,000 square feet. These subdivisions include mixed residential uses and vacant lands. Across the Hawai`i Belt Road to the east are properties zoned A-20a and A-3a, which consist of scattered farm dwellings and vacant land. 15. Flood Zone: The property is classified as Zone "X' (Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. 16. Flora/Fauna Resources: As the project site has been grubbed, improved with a dwelling and agricultural buildings and used for pasturing animals, the likelihood of any rare or endangered flora or fauna is remote. According to the applicant, the project site consists of an overstory of Christmas-berry and purple strawberry guava. 17. Archaeological/Historical Resources: The Department of Land and Natural Resources— State Historic Preservation Division staff issued a "no-effect" letter dated received December 6, 2001 stating that residential development/urbanization and previous grubbing/grading has altered the land. 18. Cultural or Native Gathering Rights: According to the applicant's previous representations, no valued cultural, historical or natural resources exist on the project site and no gathering has been observed. 19. Public Access: According to the applicant's previous representations,the project site does not provide access to the mountains or any mountain feature. The applicant anticipates that the proposed project will not impact existing public access to these areas. PUBLIC UTILITIES AND SERVICES 20. Access: Four(4) lots within the proposed 5-lot subdivision will gain access from Leimomi Street through the adjoining Kona Coastview Subdivision. The remaining lot adjacent to the Mamalahoa Highway will gain access directly to the highway via an existing driveway. The extension of Leimomi Street servicing the 4 interior lots will be privately maintained with a 50-foot wide right of way and 20 feet of pavement.width. The traffic generated by the proposed subdivision should be accommodated by the existing roadway infrastructure. 21. Water: According to the Department of Water Supply, the County can provide water supply to allow the proposed 6-lot subdivision, but the applicant has to submit payment -3- 1 1 to secure the additional water commitments. Additionally, the applicant will be required to construct necessary water system improvements as required by the Department of Water Supply. 22. Wastewater: There is no municipal sewer system in the area. The applicant proposes to dispose of sewage via wastewater treatment systems approved by the State Department of Health. 23. Essential Utilities and Services: Electrical and telephone services are or will be made available to the site. The nearest police station is located at Kealakehe, approximately five miles from the project site. There is a fire station at the intersection of Palani Road and Queen Kaahumanu Highway, approximately six miles from the project site. The nearest public schools are located in Kealakehe, approximately four miles from the subject property. AGENCY COMMENTS 24. Police Department: (Planning Department Exhibit 5—January 3, 2019 Letter) 25. Department of Health: (Planning Department Exhibit 6—December 20, 2018 Memo) 26. Department of Water Supply: (Planning Department Exhibit 7 — January 8, 2019 Letter) 27. Department of Environmental Management: (Planning Department Exhibit 8 — January 3, 2019 Memo) , 28. Department of Public Works — Engineering: (Planning Department Exhibit 9 — February 13, 2019 Memo) AGENCIES —NO RESPONSE 29. Fire Department, Office of Housing and Community Development, Department of Land and Natural Resources (DLNR)—State Historic Preservation Division APPLICANTS RESPONSE TO AGENCY COMMENTS 30. The applicant submitted the following in response to agency comments: • (PD Exhibit 10—January 31, 2019 letter from Gregory R. Mooers) PUBLIC COMMENTS 31. 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. -4- S i , Post Office Box 1101 MOOERS Kamuela, Hawaii 96743 ENTERPRISESLLC Phone (808) 880-1455 , Fax (808) 880-1456 Land Use Alternatives gmooers@hawaii.rtcom November 29, 2018 Michael Yee Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo,Hawaii 967420 Re: Change of Zone Ordinance No. 02-64 as Amended by Ordinance No. 12-156 Agricultural 5-acres (A-5a) to Single Family Residential 20,000sf(RS-20) Subject: Five (5)year Time Extension to "D" (Final Subdivision Approval) Applicant and Owner: Ellen Garver Koizumi Kaloko,North Kona,Hawaii Tax Map Key: (3) 7-3-005:030 Dear Mr. Yee: In 2005, the County Council approved Ordinance No. 02-64 to change the zoning of the subject property from Agricultural 5-acres (A-5a) to Single-Family Residential 20,000 sf (RS-20) with fourteen (14) conditions. Condition"D"required Final Subdivision Approval be secured within five (5)years from the effective date of the ordinance, May 10, 2002. This ordinance was amended in 2012 by Ordinance No. 12-156 to allow an additional 5-years to obtain Final Subdivision Approval. It has been six (6) years since this amended ordinance was approved and the applicants have not obtained the Final Subdivision approval during this period due to serious health and financial constraints. The applicants/owners hereby request an amendment to condition"D" of Ordinance No. 12-156 to allow an additional five (5) years from the effective date of this requested amendment to secure Final Subdivision Approval. We believe the non-performance is the result of conditions that could not have been foreseen or are beyond control of the applicants, successors or assigns, and that are not the result of their fault or negligence; granting of the time extension would not be contrary to the General Plan or Zoning Code; and granting the time extension would not be contrary to the original reason for granting the change of zone. We believe the criteria used by the Director in 2002 and again in 2012 when making a favorable recommendation to the Planning Commission, the Commission's favorable recommendation to the County Council and the County Council's approval are still applicable today; We request the Director send this amendment to the Hawaii Leeward Planning Commission with a favorable recommendation and ultimately to the County Council for action. Planning Dept. Exhibit .1 Michael Yee November 29,2018 Page Two Please find enclosed twenty (20) copies of this request with an amended signature page. I am also enclosing a list of property owners within 300 feet of the subject property; a Real Property Tax Clearance form from the County Finance Department and the application fee of$250. The applicant is prepared to comply with Ordinance No. 12-156, and all conditions. A. The applicant will comply with all the stated conditions of approval. B. The applicant has made the required water commitment payments. C. The applicant understands that there can be no more lots than water units available. D. The applicant has requested an extension for the date to complete the Final Subdivision Approval, this is the purpose of the submitted application. E. The roadway improvements .will meet the approval of the Department of Public Works. The applicant's contractor, Hiram Rivera is working with DPW to establish an acceptable standard for these improvements. F. The roadway improvements, including Leimomi Street will meet the approval of the Department of Public Works. The applicant's contractor, Hiram Rivera is working with DPW to establish an acceptable standard for these improvements. G. Once the construction plans have been approved the drainage study will be done and the'required improvements will be installed in conjunction with Final Subdivision Approval. H. Restrictive covenants will be prepared as required and recorded with the Bureau of Conveyances to prohibit the'construction of a second dwelling unit on the subject property. I. Should any remains of historic sites be encountered, work in the immediate area will cease and SHPD will be notified. Subsequent work shall proceed upon clearance from SHPD. J. The applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing. shall prepare a Solid Waste Management Plan meeting with the approval of the Department of Environmental Management. K. The applicant will pay the fair share contribution to the County of Hawaii prior to Final Subdivision Approval. L. The applicant will comply with all applicable County, State, and Federaf laws,rules and regulations. M. The County has not adopted a Unified Impact Fee Ordinance to date. N. The applicant has requested a time extension under this condition for condition D. O. The applicant understands noncompliance could lead to the Director initiating a change of zone to the original or more appropriate designation. Should you or your staff have any questions or require additional information, please contact me directly. I am an agent for the applicant/owners. Sincerely, ,... 4- Ajl, Greg• 1 ooers President I , CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT:Ellen Garver Koizumi APPLICANT'S SIGNATURE: 1. DATE: n /VI hg ADDRESS: 73-4270 Mamalahoa Highway Kailua-Kona,Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:N/A PHONE:(Bus.) (Res.)(808)325-7789 (Fax) LANDOWNER(S):Ellen Garver Koizumi LANDOWNER SIGNATURE(S): � DATE: it 12.9 112 (Maybe byletter) LANDOWNER(S) ADDRESS: Same as Above REQUEST:Agricultural 5-acres(A-5a) TO Residential 20,000 sf(RS-20) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3)7-3-005:030 STREET ADDRESS OF PROPERTY: 7 -4270 Mamalahoa Highway,Kailua-Kona SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:3.147 acres AGENT: Gregory R.Mooers,President ADDRESS:Mooers Enterprises,LLC • P.O.Box 1101 I Kamuela,Hawaii 96743 TELEPHONE: (Bus.)(808)880-1455 (Res.)(808)880-1454 (Fax) • Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES:Ellen Garver Koizumi (See Instructions on Reverse Side) COUNTY OF HAW ` x - STATE OF HAWAII BILL NO. 195 (Draft 2) ORDINANCE NO. 02 64 AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO SINGLE FAMILY RESIDENTIAL (RS-20) AT KALAOA 4TH,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-5:30. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 4°i,North Kona, Hawaii, shall be Single Family Residential (RS-20): Beginning at the northwest corner of this parcel of land at the southerly boundary of Grant 1606 to Kanehailua the coordinates of said point of beginning referred to Government Survey-Triangulation Station "MOANUTAHEA" being 6,066.14 feet south and 9568.31 feet west and running by azimuths measured clockwise from true South: 1. 272° 03' 111.67 feet along stonewall, Grant 1606 to Kanehailua, Kona Coast View Subdivision; 2. 279° 19' 319.45 feet along same; 3. 262° 37' 30" 387.60 feet along same; 4. 265° 00' 30" - 81.43 feet along same; 5. 285° 45' 81.14 feet along same; 6. 271° 33' 58.37 feet along same; 7. 286° 15' 30" 38.18 feet along same; Planning Dept. Exhibit 8. 263° 06' 39.01 feet along same; 9. 344° 23' 30.39 feet along road remnant, Mamalahoa Highway; 10. 311° 30' 44.00 feet along same; 11. 338° 52' 65.05 feet along same; 12. 89° 06' 30" 224.10 feet along stonewall, Lot 2; 13. 88° 09' .156.00 feet along same; 14. 92° 55' 252.80 feet along same; 15. 88° 22' 30" 101.06 feet along same; 16. 93° 36' • 153.94 feet along Lot 5; 17. 93° 12' 282.00 feet along same; 18. 179° 58' 120.70 feet along same to the point of beginning and containing an area of 136,289 square feet or 3.13 acres, more or less. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof . SECTION 2. The County Council finds the following conditions are (1) necessary to prevent circumstances which may be adverse to the public health, safety and welfare; and (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. In this case,these conditions are imposed because of concerns over the overall density of the proposed subdivision and to mitigate potential impacts upon public facilities and infrastructure servicing the affected area. Therefore,this change in district classification is conditioned upon the following: -2- 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 ninety (90) days from the effective date of this ordinance. C. Lots within the proposed subdivision shall not exceed the number of units of water which are available and have been committed to the subject property by the Department of Water Supply. Any further development shall occur only when sufficient County water becomes available by construction of on- and off-site water system improvements. All water system improvements shall meet with the requirements of the Department of Water Supply prior to the issuance of Final Subdivision Approval. D. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. E. Roadway and access to all lots within the proposed subdivision shall meet with the approval of the Department of Public Works. F. The extension of Leimomi Street and any other roadway within the proposed subdivision shall be constructed to County dedicable standards and dedicated to the County of Hawaii upon request by the Department of Public Works. The applicant shall consult with the Department of Public Works regarding additional roadway connections to adjoining parcels, prior to the submittal of plans for subdivision review. G. A drainage study for the project site shall be conducted by the applicant and approved by the Department of Public Works, prior to the submittal of plan for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with the issuance of Final Subdivision Approval. H. Restrictive covenants in the deeds of all proposed residential lots shallP rohibit the construction of a second dwelling unit and condominium property regimes on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. 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-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. J. 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 County Housing Agency prior to final subdivision approval. -4- The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of$7,876.20 per single-family residential unit. Based upon the applicant's representation of intent to develop up to four (4) residential units, the indicated total of fair share contribution is $31,504.80 for single-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition K. The fair share contribution shall be allocated as follows: 1. $3,798.04 per single-family residential unit for an indicated total of $15,192.16 to the County to support park and recreational improvements and facilities; - 2. $183.22 per single-family residential unit for an indicated total of $732.88 to the County to support police facilities; 3. $361.88 per single-family residential unit for an indicated total of $1,447.52 to the County to support fire facilities; -5- 4. $158.43 per single-family residential unit for an indicated total of $633.72 to the County to support solid waste facilities; and 5. $3,374.63 per single-family residential unit for an indicated total of $13,498.52 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute 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 approval of the director. The cost of providing and constructing the improvements required in Condition F shall be credited against the sum specified in Condition K (5) for road and traffic improvements. For purposes of administering Condition K, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements. K. The applicant shall comply with all applicable laws,,rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. -6- L. Should the Hawai`i County Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. N. Should any of the conditions not be met or substantially complied with in a timely -7- fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawaii Date of Introduction: April 17, 2002 Date of 1st Reading: April 17, 2002 Date of 2nd Reading: May 1, 2002 Effective Date: May 10, 2002 REFEREbICE; Corm, .553. 1 ---y.,.:. -8- r I N AGRICULTURAL(A-5a)TO SINGLE FAMILY RESIDENTIAL(RS-20) :1>% AREA=3.129 Acs. W _if E AsaAsa S asa a s, AHULANI ST- I Mill L Asa Asa / Asa ' — O ila c `, C� a2oa A-5 Asa A.Salia • AHIKAWA ST- y A3a Asa cy� Asa .4-5a A-53 A,aa Ase i� 1 1- Ata ..t t. 'hfif ..1.:':ii: 4: .:jii .. ....... ......:ie ::::•i iii.. :......:..:....:•.::...... .. .. i::-.•:. ... ...v,-.... - .:iiiii:i]k ^: :ii:tit:iit`.+.S:i$ .... ....... . .....- �'v.n:...-•piviii+.::..n:..::::::Cl.?:::. RS-10 6,213.60 S 8399.55W Asa "MOANUTAHEA p c/ 20.ASa Asa / RS-10 f I v'4 Q RS-15 Asa A-pa 0 -500 1000 1500 2000 Feet AMEN. MENTTO THE ZN I AMENDING SECTION 25-8-3(NORTH KONA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL(A-5a) TO SINGLE FAMILY REDSIDENTIAL(RS-20)- AT KALAOA 4TH, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII - TMK:7-3-005:030 NOV. 30,2001 EXFIIBIT"A" (Garver-1054) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii (DRAFT 2�)„ _ - ._ , .1L2p1.L, cALL-VA cE- Introduced By: Bobby Jean Leithead-Todd AYES NOES "ABS EX ' Date Introduced: April 17, 2002 Arakaki r X First Reading: April 17, 2002 Chung X • Published: April 28, 2002 Elarionoff X • Jacobson X REMARKS: Leithead-Todd X Pisicchio 'X Safarik X Tyler X Yagong X • 7 1 1 0 Second Reading: May 1, 2002 • ROLL CALL VOTE To Mayor: May 3, 2002 AYES NOES ABS EX . Returned: May 10 , 2002 Arakaki X Effective: May 10, 2002Chung X Published: May 24, 2002 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 7 1 1 0 I DO HEREBY CERTIFY that the.foregoing BILL was adopted by the County Council published as indicated above. fi i.APPROVEDASTO . FORM AND LEGALITY: ' • 1 r NCIL CHAIRMAN 'i .DEPUTY CORPORd PION COUNSEL �1 COUNTY OF HAWAII COUNTY CLERK - Date.407, 7-0/22--- Bill No.: 195, Draft 2 4.4'' Reference: / C-553. 1/PC-72 ppro tUDisapprovedthis 10 day -~M041 , 20 0V Ord No.: 02 64 o M.4YO1, : NTY OF HA WA H L f-•VOsM , . . COUNTY OF HAWAII STATE OF HAWAII ...... 1s6 BILL NO. 309 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.,02 64 WHICH AMENDED SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- 5 ACRES (A-5a)TO SINGLE FAMILY RESIDENTIAL 20,000 SQUARE FEET (RS-20) AT KALAOA 4TH,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-005:030. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 02 64 is amended as follows: "SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the [Hawaii] ' Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 4th, North Kona, [Hawaii] Hawai`i, shall be Single Family Residential—20,000 square feet (RS-20): Beginning at the northwest corner of this parcel of land at the southerlyboundary • of Grant 1606 to Kanehailua the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA" being 6,066.14 feet south and 9568.31 feet west and running by azimuths measured clockwise from true South: 1. 272° 03' 11.1.67 feet along stonewall, Grant 1606 to Kanehailua, Kona Coast View Subdivision; 2. 279° 19' 319.45 feet along same; 3. 262° 37' 30" 387.60 feet along same; 4. 265° 00' 30" 81.43 feet along same; 5. 285° 45' 81.14 feet along same; 6. - 271° 33' 58.37 feet along same; Planning Dept. Exhibit S 7. 286° 15' 30" 38.18 feet along same; 8. 263° 06' 39.01 feet along same; 9. 344° 23' 30.39 feet along road remnant, [Mamalahoa] Mamalahoa Highway; 10. 311° 30' 44.00 feet along same; 11. 338° 52' 65.05 feet along same; 12. 89° 06' 30" 224.10 feet along stonewall, Lot 2; 13. 88° 09' 156.00 feet along same; 14. 92° 55' 252.80 feet along same; 15. 88° 22' 30" 101.06 feet along same; 16. 93° 36' 153.94 feet along Lot 5; 17. 93° 12' 282.00 feet along same; 18. 179° 58' 120.70 feet along same to the point of beginning and containing an area of 136,289 square feet or 3.13 acres,more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. The County Council finds the following conditions are (1)necessary to prevent circumstances which may be adverse to the public health, safety and welfare; and (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. In this case, these conditions are imposed because of concerns over the overall density of the proposed subdivision and to mitigate potential impacts upon public facilities and infrastructure servicing the affected area. Therefore, this change in district classification is conditioned upon the following: -2- 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 for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy"within [90] 180 days from the effective date of this amended ordinance. C. Lots within the proposed subdivision shall not exceed the number of units of water which are available and have been committed to the subject property by the Depai fluent of Water Supply. Any further development shall occur only when sufficient County water becomes available by construction of on- and off-site water system improvements. All water system improvements shall meet with the requirements of the Department of Water Supply prior to the issuance of Final Subdivision Approval. D. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this amended ordinance. E. Roadway and access to all lots within the proposed subdivision shall meet with the approval of the Department of Public Works. F. The extension of Leimomi Street and any other roadway within the proposed subdivision shall be constructed to County dedicable standards and dedicated to the County of[Hawaii] Hawai`i upon request by the Department of Public-Works. The applicant shall consult with the Department of Public Works regarding additional roadway connections to adjoining parcels,prior to the submittal of plans for subdivision review. -3- G. A drainage study for the project site shall be conducted by the applicant and approved by the Department of Public Works, prior to the submittal of plan for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with the issuance of Final Subdivision Approval. H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. 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-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. J. 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] Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval. -4- J [The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads,parks and recreation, fire, contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of representation of intent to develop up to four(4)residential units, the indicated However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition K. The fair share contribution shall be allocated as follows- 1. $3,798.04 per single family residential unit for an indicated total of • $15,192.16 to the County to the County to support park and recreational to the County to support police facilities; 3. $361.88 per single family residential unit for an indicated total of _ . . '1. $158.13 per single family residential unit for an indicated total of$633.72 to the County to support solid waste facilities; and -5- $13,498.52 to the State or County to support road and traffic improvements. change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution,the applicant may construct and contribute • - -.._.. , _ _ . -- - -. . . - . -., ' -, -- -, - - . disposal facilities, and roads within the -_ . .. -- . .•. : development, subject to the approval of the director. The cost of providing and constructing the improvements required in Condition F shall be credited against or the cost of improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as K. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to roads, parks and recreation, fire,police and solid waste disposal facilities. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval: The fair share contribution shall be for the additional lot to be created. 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 this ordinance, based on the percentage change in the Honolulu Consumer Price Index(HCPI). The fair share contribution shall have a maximum combined value of$12,772.64 per -6- 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 single family residential unit shall be allocated as follows: 1. $6,159.19 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $297.12 per single family residential unit to the County to support police facilities; 3. $586.85 per single family residential unit to the County to support fire facilities; 4. $256.93 per single family residential unit to the County to support solid waste facilities; and 5. $5,472.55 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. [I ] L. [The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property.] Comply with all applicable County, State and Federal laws, rules, regulations and requirements. [br] M. Should the Hawai`i County Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions°or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -7- [M. An initial extension of time for the performance of conditions within the circumstances: 1. The non performance is the result of conditions that could not have been -- --- _ . - . - - - . •- . .. •-. , • - • • 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 originally granted for performance (i.e., a condition to be performed within 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action.} N. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. [M] O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiaterezoning of the subject 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. -8- N AGRICULTURAL(A-5a)TO SINGLE FAMILY RESIDENTIAL(RS-20) W ;'. E AREA=3.129Acs. a� S a59 A59 4469 �� I AHULANI ST. kala .4•50kS O � A-20s G -1 .459 A59 A59 ZS%T *]' s9 4469 .453 ° A51 .s 9'43, A.]a Rs10 as9 6,213.60S 8 399.55W 446e MC14NUfAHEA"p MUM as9 RS-10 11.11.11 110 2 RS15 �, A4133 0 500 1000 1500 2000 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3(NORTH KONA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL(A-5a) TO SINGLE FAMILY REDSIDENTIAL(RS-20) AT KALAOA 4TH, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK:7-3-005:030 NOV. 30, 2001 EXHIBIT,"A" (Garver-1054) FOR REFERENCE ONLY SECTION 4. This ordinance shall take effect upon its approval. - INTRODUCED BY: IR :----)----C- 1 1 '441a. • F COUNCIL M. BER, CO "IV OF AWAI`I /; , Kona , Hawai`. ---------------- Date of Introduction: November 9, 2012 Date of 1st Reading: November 9, 2012 Date of 2nd Reading: November 21, 2012 Effective Date: December 14, 2012 REFERENCE Comm. 856 -9- OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawai`i Introduced By: Pete Hoffmann ROLL CALL VOTE Date Introduced: November 9, 2012 AYES NOES ABS EX First Reading: November 9, 2012 Blas X Published: November 17, 2012 Ford X 2 Hoffmann X REMARKS: Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X Second Reading: November 21, 2012 7 0 2 0 To Mayor: November 30, 2012 Returned: December 14, 2012 ROLL CALL VOTE Effective: December 14, 2012 AYES NOES ABS EX Published: December 99, 2019 Blas X Ford X REMARKS: Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 6 1 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the ounty Council published as indicated above. APPROVED AS TO FORM AND COUNCIL CHAIRPE DEPUTY CORPOR : - l'1 '''. ! / / COUNTY OF I OUNTY CLERK Date 309 Bill No.: r C-856/PC-67 pproved/ approved this ` day Reference: o 611411. ?p � , Ord No.: �. 156 f MAYOR, COUNTY OF HAWAI'I • • Harry Kim --+tv os p • , gip?: ,• Michael Yee Mayor - 4F, Director . Daryn Arai '' wo Deputy Director Ot;M West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 • December 10, 2018 • Gregory Mooers PO Box 1101 Kamuela, Hawaii 96743 Dear Mr. Mooers; SUBJECT:Application: Non-Significant Zoning Change (NZC-18-000026) Agent: GREGORY MOOERS Applicant: ELLEN GARVER KOIZUMI Land Owner: ELLEN GARVER KOIZUMI Tax Map Key: (3) 7-3-005:030 Kalaoa, North Kona, Island of Hawaii, Hawaii This is to acknowledge receipt on November 29, 2018 of the Non-Significant Zoning Change Application and attachments. The subject parcel consists of 3.147 acres. Proposed changes, in acres, to the zoning areas are as follows: ZONING A-5a RS-20 Lot Size 3.147 Acs NET CHANGE -0.018 Acs +0.018 Acs % CHANGE -.006 +.006 With a parcel size of 3.147 acres and the requested zoning change area of 0.018 acre, the change is approximately 0.006% of the parcel. According to Section 25-2-45 of the Zoning Code regarding Non-Significant Zoning Changes, the Planning Director may administratively grant non-significant zoning changes. It must comply with the designations for the property set forth in the general plan and any development plan adopted by ordinance, and must not result in an increase or decrease in any zoning designation affecting more than five percent of the area, or one acre, of any lot, whichever is less. Planning Dept, xhobet www.hiplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning(alhawaiicounty.gov Gregory Mooers Page 2 • December 10, 2018 Upon review of the request, we have determined that itcomplies with the criteria set forth in Section 25-2-45(2) of Chapter 25, Hawai`i County Code, for determining-non-significant zoning changes: 1. The area under review is in compliance with the General Plan. The County of Hawai`i General Plan (2005) became effective on February 9, 2005. The subject 'parcel is designated as low density urban on the Land Use Pattern Allocation Guide (LUPAG) Map. 2. The adjustment of zoning boundaries does not result in an increase or decrease in any zoning designation affecting more than five percent of the area, or one acre, of the lot. The increase/decrease of 0.018 acre for each zoning designation is less than five percent. Based on the above,we hereby administratively grant the requested non-significant zoning change. Should you have any questions, feel free to contact Norren Kato of this department. , Sincerely, Michael Yee Planning Director NK:nci P:\\public Admin Permits Division\Non Significant Zoning\20I S Requests\NZC-18-000026\Determination 2013-12-04.docx cc w/app: Hawai`i County Council Real Property Tax Division-Kona • Planning - West Hawai`i Office cc letter only: G. Bailado, GIS Section ••;�tY OF N,'• •Harry Kim �' _ L % Paul K.Ferreira Mayor '• .�„% ' Police Chief • • .•r,T M;+���� Kenneth Bugado,Jr. • Deputy Police Chief County of Hawai'i POLICE DEPARTMENT _ 349 Kapi'olani Street • Hilo,Hawai'i 96720-3998 r-- r_ra (808)935-3311 • Fax(808)961-2389 ” • January 3, 2019 �• • • . • • 3 TO : MICHAEL YEE, PLANNING DIRECTOR z _ FROM : J ? CO1Q ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12-156 (REZ 983) APPLICANT: ELLEN GARVER KOIZUMI REQUEST: TIME EXTENSION TO CONDITION D (FINAL SUBDIVISION APPROVAL) OF ORDINANCE NO. 12-156 TAX MAP KEY: 7-3-005:030 The above-referenced Amendment to Change of Zone Ordinance No. 12-156 (REZ 983) has been reviewed and we have no comments to offer at this time. Should you have any questions or concerns, please contact Captain Gilbert Gaspar Jr., Commander of the Kona District, at 326-4646, extension 299. GG/jaj 18HQ0412 Planning Dept. Exhibit 122528 "Hawai'i County is an Equal Opportunity Provider and Employer" • DAVID Y.IGE •o BRUCE S.ANDERSON PhD. GOVERNOR OF HAWAII X959 ��- DIRECTOR OF HEALTH xt :11 fi-, ;141 EC 28 tf!7 rj 24 'ITN %c INT STATE OF HAWAII`I F I '' DEPARTMENT OF HEALTH P.O.BOX 916 • HILO,HAWAII 96721-0916 MEMORANDUM DATE: December 20, 2018 TO: Mr. Michael Yee Planning Director, County of Hawaii FROM: Eric Honda f' District Environmental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 12-156 (REZ 983) Applicant: Ellen Garver Koizumi Request: Time Extension to Condition D TMK: 7-3-005:030 The Health Department found no environmental health concerns with regulatory implications in the submittals. Manning Dept. Exhibit Co 122235 ict DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII • <IC )1,). ,4,, 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 . .OF HAW � , TELEPHONE (808) 961-8050 • FAX (808) 961-8657 January 8, 2019 r.. ::: . . . TO: Mr. Michael Yee, Director . • ` • Planning Department 3 ' FROM: Keith K. Okamoto, Manager-Chief Engineer =z —t SUBJECT: Amendment to Change of Zone Ordinance No. 12-156 (REZ 983) Applicant: Ellen Garver Koizumi Request: Time Extension to Condition D Tax Map Key 7-3-005:030 and Portion 091 Please be informed that the water commitment for subject application,2-lot development,expired on January 31, 2018. Please note that the water commitment for the subject development expired on January 31,2018. The Department of Water Supply(DWS) does not Pprovide notice regarding the pending expiration of water commitments. It is entirely the responsibility of the applicant to ensure that water commitments remain continuous and in effect by the payment of the$150.00 annual water commitment deposit extension per equivalent unit of water prior to the expiration dates. For additional information, the applicant is referred to Rule 5 of the Department of Water Supply's Rules and Regulations which can be found on the DWS website www.hawaiidws.org(click on the tab Water Board,then click on the tab Rules & Regulations). Although the water commitment has expired, water can still be made available at this time for the subject development. To effect a water commitment time extension for 2 additional units of water until January 31, 2020, a water commitment deposit of$600.00 = [(2 units)x ($150.00 annual deposit per unit)x (2 years)] must be received by this office as soon as possible. It is recommended that applicants include, with their payment,the Tax Map Key number of the parcel being subdivided and/or a copy of this letter to make sure that the payment is properly credited. Please note that water commitment deposits for water commitments that are in effect at the time of payment of the facilities charge will be credited towards the final facilities charge. Please be informed that our conditions stated in our January 24, 2017, letter to the owner, and copied to the Planning Department, still stand. Planning Dept. Exhibit . . . Water, Our Most Precious Wcsource . 7(a Wai_A . . .nine 1- 2 2 5 4 3 The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Michael Yee, Director Page 2 January 8, 2019 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, (141V4W1A$61?) Keith K. Okamoto,P.E. Manager-Chief Engineer RQ:dfg copy—Ms. Ellen Garver Koizumi Mooers Enterprises, LLC • tv w Harry ... Kim • ' ` • `": iNilliam A.Kucharski Mayor :�..��.;.;, // __.`__.___ .Director Wilfred M.Okabe «�'. - ----Diane A.Noda Managing Director Deputy Director gintitt qinivan DEPARTMENT OF ENVIRONMENTAL MANAGEMENT—---;- • 345 KekuanEo`a Street,Suite 41•Hilo,Hawaii 96720 Ph:(808)961-8083•Fax:(808)961-8086 ...—_____..__. Email: cohdem@hawaiicounty.gov t:6117.',A i:.. TitQi33.t.'a . MEMORANDUM r- c a TO: Michael Yee,Director .'c ^� Planning.Department -- -0 FROM: William A.Kucharski,Director (4,14 • Environmental Management Dep..i��it =_ . DATE: January 3, 2019 `z o SUBJECT:' Amendment to Change of Zone Ordinance No. 12-156 (REZ 983) Applicant: Ellen Garver Koizumi Request: Time Extension to Condition D (Final Sudivision Approval) of Ordinance No. 12-156 Tax Map Key: (3) 7-3-005:030 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations(contact the Solid Waste Division for details): (X) No comments. ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organization may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the West Hawai`i Organics Facility and East Hawai`i Organics Facility,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: • Planning Dept. Exhibit `& County of Hawaii is an Equal Opportunity Provider and Employer 1. 2 2 4 6 7 Mr.Michael Yee, Director January 3,2019 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): (X) . No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai`i 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. ( ) Other: WK:mef • Mt•fAnr . • Harry Kim +:���'� *� . David Yamamoto,P.E. Mayor -- 'i t Director Wil Okabe •P'01, '} Merrick H.Nishimoto Managing Director Deputy Director DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street,Suite 7•Hilo,Hawai'i 96720-4224 (808)961-8321•Fax(808)961-8630 public_works@hawaiicounty.gov MEMORANDUM Date: February 13, 2019 To: Michael Yee, Planning Director ��,� From: Department of Public Works, Engineering Division 4/'" Subject: Amendment to Change of Zone Ordinance No. 12-156 (REZ 983) Applicant: Ellen Garver Koizumi Request: Time Extension to Condition D(Final Subdivision Approval) of Ordinance No. 12-156 Tax Map Key: 7-3-005:030 We have reviewed the subject application and have no comments or objections to the request. Should there be any questions concerning this matter, please feel free to contact Natalie Whitworth of our Kona Engineering Division office at 323-4853. NW • Copy: ENG-HILO/KONA Planning Dept. Exhibit .. County of Hawaii is an Equal Opportunity Provider and Employer. Post Office Box 1101 MOOERS Kamuela, Hawaii 96743 Al, ENTERPRISES, LLCP Land Use Alternatives gmooers@hawaii.0 corn m January 31, 2019 Mr. Michael Yee, Director Planning Department . County of Hawaii , 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Change of Zone Application (Ordinance No. 12-156) Time Extension to Condition D Request: A-5a to RS-20 Applicant: Ellen Garver Koizumi Tax Map Key: 7-3-005:030 Dear Mr. Yee: Your staff has forwarded copies of various agencies' comments on the application identified above and asked that I respond. Copies of this response has been sent to the commenting agencies. Department of Health, Department of Environmental Management, Police Department: These agencies offered no comments and therefore no response is warranted. Department of Water Supply: The Department accurately responded that the applicant's water commitment had expired on January 31, 2018. The applicant, through her agent Wes Thomas Associates, submitted a check in the amount of$5,250 on November 14, 2018 to address the past due amount and to pay up to 2021. This check was returned with the explanation that commitments can only be granted for a period of one-year. There was also confusion about how many additional units were being requested. The applicant is seeking five additional units and this fee is being submitted to DWS with explanation. The applicant will comply with all regulations and requirements of the Department of Water Supply. If you have any questions, or if additional information is required, please contact me at 880-1455. Thank you for your prompt attention to this application. Sincerely, .42,6r63, i . /747eird— Gregory R. Mooers J President Planning Dept. Exhibit ID RKoizumiAmendREZ.doc—02/08/19 COUNTY'OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ELLEN GARVER KOIZUMI AMENDMENT TO CONDITION D (SUBDIVISION APPROVAL). CHANGE OF ZONE ORDINANCE NO. 02 64 (REZ 983) Upon review of the request to amend Condition D (Final Subdivision Approval) of • Change of Zone Ordinance No. 12 156, the Planning Director recommends that the Planning Commission forward a favorable recommendation to the County Council, with modifications to some of the existing conditions. Since thisrecommendation is being made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The recommendation for approval is based on the following findings: The applicant requests a five-year extension of time to comply with Condition D (Final Subdivision Approval) of Change of Zone Ordinance No. 12 156, which amended Change of Zone Ordinance No. 02 64, citing market conditions. The following is a brief chronology of the development: • May 10, 2002: Date of approval of Ordinance No. 02 64. Condition D states, "Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance." • March 19, 2004: Date of tentative subdivision approval (SUB 2004-37). • February 3, 2010: Date of administrative time extension until May 10, 2012 to comply with Condition D. • December 14, 2012:' Date of time extension until December 14, 2017 to comply with Condition D. • March 9, 2016: Date of revised tentative subdivision approval (SUB 2004-37). Ordinance No. 02 64 rezoned approximately 3.129 acres from an Agricultural (A-5a) to a Single Family Residential (RS-20) district to allow the 6-lot subdivision of the property. The applicant has submitted several revised preliminary plat maps and has received Tentative Subdivision Approval. The most recent revised map was submitted 1 on November 13, 2017, for a proposed 6-lot subdivision, the maximum number of lots allowed for the subject property's RS-20 zoning. Although the applicant has previously secured tentative subdivision approval, Condition D of the ordinance required that Final Subdivision Approval be secured within five (5) years from the effective date of the ordinance. Tentative subdivision approval was secured on March 9, 2016 and an administrative time extension was secured until December 14, 2017 to comply with Condition D. The applicant could not comply with the condition by December 14, 2017 and seeks a five (5)-year extension of time. 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. The applicant has made a good faith effort in complying with conditions of Ordinance No. 02 64. However, Final Subdivision Approval needs to be secured for the completion of the project. The Department of Public Works and Department of Health had no concerns regarding the request. The Department of Water Supply has stated that the current water commitment has expired, and a water commitment deposit must be remitted to extend the commitment to January 31, 2020. The applicant will be required to comply with all of the stated conditions of approval. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The area was rezoned from A-5a to RS-20 in 2002. The General Plan designates the area as Low Density Urban, reflecting the approved zoning. Therefore, the request would not be contrary to the General Plan. Additionally, the property is located within the Kona Urban Area as identified within the Kona Community Development Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area are"D" or"Poor" and "E", or "Very Poor." 2 Based on the discussion above, the Planning Director proposes that a favorable recommendation be forwarded to the County Council to amend Condition D. The Planning Director also recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. (Material to be deleted is bracketed and struck-through; new material is underscored): A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; B. The required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water.Commitment Guidelines Policy"within 180 days from the effective date of this amended ordinance. The applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. Lots within the proposed subdivision shall not exceed the number of units of water which are available and have been committed to the subject property by the Department of Water Supply. Any further development shall occur only when sufficient County water becomes available by construction of on- and off-site water system improvements. All water system improvements shall meet with the requirements of the Department of Water Supply prior to the issuance of Final Subdivision Approval. The applicant shall construct necessary water system improvements as required by the Department of Water Supply. D. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this amended ordinance. E. Roadway and access to all lots within the proposed subdivision shall meet with the approval of the Department of Public Works. F. The extension of Leimomi Street and any other roadway within the proposed subdivision shall be constructed to County dedicable standards and dedicated to the County of Hawai`i upon request by the Department of Public Works. The applicant shall consult with the Department of Public Works regarding additional 3 • roadway connections to adjoining parcels, prior to the submittal of plans for subdivision review. G. A drainage study for the project site shall be conducted by the applicant and approved by the Department of Public Works, prior to the submittal of plan for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with the issuance of Final Subdivision Approval. H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall befiled with the Planning Department upon its receipt from the Bureau of Conveyances. I. 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-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. J. 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, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval. K. The applicant shall make its fair.share contribution to mitigate the potential regional impacts of the development with respect to roads, parks and recreation, fire,police and solid waste disposal facilities. The fair share contribution shall 4 become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be for the additional lot to be created. 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 this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of[$12,772.64] $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 single family residential unit shall be allocated as follows: 1. [$6,159.19] $6,910.13 per single family residential unit to the County to support park and recreational improvements and facilities; 2. [$297.12] $333.35 per single family residential unit to the County to support police facilities; 3. [ 85] $658.40 per single family residential unit to the County to support fire facilities; 4. [$256.93] $288.25 per single family residential unit to the County to support solid waste facilities; and 5. [$5,472.55] $6139.77 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. L. Comply with all applicable County, State and Federal laws, rules,regulations and requirements. M. Should the Hawai`i County Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, 5 conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. 6 • ..oJNTV OF H1�', COUNTY OF HAWAII i•i,4\ -�'�=4"1'•• STATE OF HAWAII • ,TE OF•M F'•� BILL NO. ORDINANCE NO. 014144N/1 b AN ORDINANCE AMENDING ORDINANCE NO. 12 156, WHICH AMENDED ORDINANCE NO. 02 64, WHICH AMENDED SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- 5 ACRES (A-5a)TO SINGLE FAMILY RESIDENTIAL—20,000 SQUARE FEET (RS-20) AT KALAOA 4TH,NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-3-005:030. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 12 156 is amended as follows: "SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 [(2005 Edition)1(2016 Edition, as amended), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 4thNorth Kona, Hawai`i, shall be Single Family Residential_—20,000 square feet (RS-20): Beginning at the northwest corner of this parcel of land at the southerly boundary of Grant 1606 to Kanehailua the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA"being 6,066.14 feet south and 9568.31 feet west and running by azimuths measured clockwise from true South: 1. 272° 03' 111.67 feet along stonewall, Grant 1606 to Kanehailua, Kona Coast View Subdivision; 2. 279° 19' 319.45 feet along same; 3. 262° 37' 30" 387.60 feet along same; 4. 265° 00' 30" 81.43 feet along same; 5. 285° 45' 81.14 feet along same; 6. 271° 33' 58.37 feet along same; 7. 286° 15' 30" 38.18 feet along same; 8. 263° 06' 39.01 feet along same; 9. 344° 23' 30.39 feet along road remnant, Mamalahoa Highway; 10. 311° 30' 44.00 feet along same; 11. 338° 52' 65.05 feet along same; 12. 89° 06' 30" 224.10 feet along stonewall, Lot 2; 13. 88° 09' 156.00 feet along same; 14. 92° 55' 252.80 feet along same; 15. 88° 22' 30" 101.06 feet along same; 16. 93° 36' 153.94 feet along Lot 5; 17. 93° 12' 282.00 feet along same; 18. 179° 58' 120.70 feet along same to the point of beginning and containing an area of 136,289 square feet or 3.13 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. The County Council finds the following conditions are (1) necessary to prevent circumstances which may be adverse to the public health, safety and welfare; and (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. In this case, these conditions are imposed because of concerns over the overall density of the -2- proposed subdivision and to mitigate potential impacts upon public facilities and infrastructure servicing the affected area. Therefore, this change in district classification is conditioned upon the following: SEE ATTACHED CONDITIONS SECTION 2. Material to be deleted is bracketed and struck through and material to be added is underscored. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provision or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- N AGRICULTURAL(A-5a)TO SINGLE FAMILY RESIDENTIAL(RS-20) '� W : � E AREA=3.129 A6. A-53i I I I S A•59A-53 Asa AH JLANI ST. '� �� I 2 as, O O C N 1111 ail© INS A.33o AHIKAW A ST. �p Ass .4-513AS Z 9 M7a S As. Ira RS10 6,213.60 S 399.55 W A.53 "MOANUTAHEA"y. 2aa A:e RS-70 1116 e / Rs-15 h� h36 0 500 1000 1500 2000 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL(A-5a) TO SINGLE FAMILY REDSIDEN11AL(RS-20) AT KALAOA 4TH, NORTH KONA, HAWAII PREPARED BY: PLANNING.DEPARTMENT COUNTY OF HAWAII MIK:7-3-005:030 NOV. 30, 2001 EXHIBIT"A" • (Garver-1054) FOR REFERENCE ONLY ELLEN GARNER KOIZUMI AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 156 (REZ 983) ....,„_ ...--------7-7------- . , , , . ri ld i i . — „. - 1 -• 4„...„., ,,',f 0 ri .,- ''1, '' \ -/ 4 - 1 ; At - -- , 1 , _.,....‘.., , 1 .,, , I . . i ,,.... d i !.., .% THE APPLICANT IS REQUESTING: A 5 -year extension of time to comply with Condition D (Final Subdivision Approval) of Change of Zone Ordinance No. 12 156, which amended Change of Zone Ordinance No. 02 64, which reclassified approximately 3. 129 acres of land from the A-5a district to the RS- 20 zoning district, to allow the development of a 6-lot subdivision. CONDITION D Change of Zone Ordinance No. 02 64 was originally approved on May 10, 2002. Change of Zone Ordinance No. 12 156 was approved on December 14, 201 2, to allow a 5 -year time extension, until December 14, 2017, to comply with Condition D. Condition D states "Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance." The applicant has received several Tentative Subdivision Approvals, most recently on March 9, 201 6. The applicant requests a 5 -year time extension to secure Final Subdivision Approval. 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NA NA otlno s u Borvrsron XJ1e^ es.,.r. w+.HNI v-----'-'-'-'-'2.7-----7-2'2,va(s"1 \ "'°1 4rrsv n.s.,, ,� urs, !o-.i us "m."7�'u. srxiren..r w ...r> (A-So ZONING) a.T _.u,....... 4z"`� ewei ..Err.. .r r. ....r.....r ree1'w..�"� *w K A L A 0 A 4 T H \ 4 N ti: cv 730 cITF PH T ( P PH r 4 • rad�... 4 ,e' Ailial l w FOR SALE .. ,.' `+- „p� r� '''-'0.`,.. If. .eet a"ak- 3 1 ,r �1i: •..rr'' -5. s o : h. fi •n� a 7,-;,.;.1,, 8 a. r Fr q < 4, a fid, z View across subject property, looking south from Leimomi Street SITE PHOTOGRAPH I »w .;.--4,,p4t444, . .i's � t :111 , ,,; .r 4 w u.:,t.� 1 °.s 'TSF�'M s7 _ 21f., r�"� +. ,r t 3.'9� � -.._w, f:'-1,',..:;,::,,' ti� v3 � ,ri�"x a _' .. +� ,R1 Entry onto Leimomi Street from Ahikawa Street Tufiu uo TeeJls !uaoma1 — anew 6u!jool ToeJTs eme>1!uV z. . .''4 yam, .4.. 1-lty .. '7M '�- — -— /6 yY"' V. : e,. �,t y.. . r'CRY . x_. _ ., r - . , ' -,.. . u , ,tz y t #1 a V-....• JT. ?, I \ 4 HdVd001 Hd LIS SITE PHOTOGRAPH as fi - ' N. phi, Z k* . ,y'. ;°* 'y..i.:41) t ;'. it !f'.." "" • _ .. , '' .'1 A -�-4y ' ',ii ',.:' ' ., Ahikawa Street looking Makai— Leimomi Street on left PLANNING DIRECTOR ' S RECOMMENDATION FORWARD A FAVORABLE RECOMMENDATION TO THE COUNTY COUNCIL FOR AN AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 156