HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-028) RLehuaVi11ageREZ.7.17.2022.crk
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION REPORT
LEHUA VILLAGE PARTNERS, LLC
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000028)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from a Single-Family Residential-10,000 Square Feet (RS-10) to a Single-Family
Residential-15,000 Square Feet (RS-15)zoning district for approximately 14.322 acres of
land be forwarded to the County Council. 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 applicant is requesting to change the zoning district from Single-Family
Residential-10,000 square feet(RS-10)to Single-Family Residential-15,000 square feet
(RS-15) for approximately 14.322 acres of land. According to the application, the
downzoning request would reduce the mathematical density allowed on the subject
properties from 60 to 40 lots.
The applicant has concurrently requested a Planned Unit Development(PUD)for
that same land area that would allow various exceptions from Chapter 23 (Subdivision)
and Chapter 25 (Zoning) of the Hawai`i County Code.
The proposed development is a Master Planned PUD called Lehua Villages and
consists of two development components, Lehua Village 1, and Lehua Village 2. Lehua
Village 1 would be situated on Parcel 136 (7.137 acres of land)with lot sizes ranging
from 10,000 square feet to 23,400 square feet. These 20 lots are proposed to be sold at
affordable rates consistent with affordable housing guidelines for Hawaii County and
pursuant to an executed affordable housing agreement between the applicant and the
Office of Housing and Community Development(OHCD). Lehua Village 2 would be
situated on Parcel 10 (7.185 acres of land)with lot sizes ranging from 10,000 square feet
to 33,000 square feet. These 20 lots will be offered for sale at market rates.
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If the entitlement requests are approved, the applicant plans to submit a
subdivision application by the end of 2022,with anticipated completion of the
subdivision for both Villages within five (5)years, by the end of 2027. The applicant
anticipates the project will cost approximately $3 million to $4 million.
In order to consider an area for any type of zoning designation, the applicable
goals,policies, and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Single-Family Residential 10,000 square
feet (RS-10) to Single-Family Residential 15,000 square feet (RS-15) conforms to the
goals, policies and standards of the General Plan and the Hamakua Community
Development Plan (CDP). The General Plan is intended to be used as a policy guide for
the coordinated growth and development of all sectors of the County. It sets forth goals,
policies, standards, and courses of action to accommodate growth without congestion, to
designate and preserve the lands needed for residential use, commercial and visitor
services, industry, agriculture, and open space, and to coordinate these uses with the
County's service and circulation systems. The overall goals, policies and standards are set
forth to physically plan the lands in the County in the best interest of the island's
residents. Land use is one of the principal focal points of public concern and policy. The
Land Use Element provides the primary basis for direct control and guidance of publicly
and privately-owned resources. The proposed change of zone will be consistent with the
following goals,policies, and standard of the Land Use-Single-Family Residential
Element of the General Plan:
■ Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
■ Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region, and County.
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■ Zoning request shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability ofpublic services and utilities, access, and public need.
■ Designate and allocate single-family residential zoned lands at varying densities
for future use in accordance with the needs of the communities and he stated
goals,policies, and standards.
The Land Use Pattern Allocation Guide (LUPAG)Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. Parcel 10 (Lehua Villages 2) is split
between a Low Density Urban and a Medium Density Urban designation and Parcel 136
(Lehua Villages 1)is fully designated Medium Density Urban by the General Plan
LUPAG map.
The Low Density Urban designation allows residential use,with ancillary
community and public uses, and neighborhood and convenience-type commercial uses,
overall residential density may be up to six units per acre; and the Medium Density
Urban designation allows village and neighborhood commercial and single family and
multiple family residential and related functions (multiple family residential -up to 35
units per acre).
The Hamakua Community Development(HCDP) was adopted by ordinance in
2018. The subject properties are located within the Honoka`a designated urban growth
boundary and located in an area designated for Low and Medium Density Urban uses by
the Honoka`a/Haina Land Use Guide Map, which essentially follows the land use pattern
recommended by the General Plan. In addition, the proposed project conforms to several
objectives of the HCDP, including concentrating new developments within existing town
centers while limiting rural sprawl and providing affordable housing (lots).
Policy No. 70 of the HCDP is written as follows:
"To improve safe pedestrian access and increase connectivity in Honoka`a:
■ Make safety improvements to downtown Honoka`a based on Complete Streets
and/or other evidence-based planning principles.
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o Improvements to include: additional pedestrian crosswalks on Mamane
Street, additional sidewalk development(such as along Lehua Street), and
safe, marked walkways to parking areas servicing downtown. "
While this policy specifically recommends additional sidewalk development
along Lehua Street, it is referencing improvements to the section of Lehua Street in the
vicinity of downtown Honoka`a and is not meant to recommend additional sidewalk
development on Lehua Street fronting the subject parcel (situated approximately 2,100
linear feet mauka of Lehua Steet's intersection with Mamane Street in downtown
Honoka`a).
The subject 14.322-acre project site consists of two irregularly shaped properties,
each a little over 7 acres in size,that are separated by Lehua Street. The project site is
bordered along the south by the Hawaii Belt Road (Highway 19) and to the north by
Lehua Street and its future extension. The project site is currently vacant of any structures
or uses with an extensive cover of abandoned sugar cane and various non-native grasses.
The overall slope of the project site ranges between 8 percent to over 13 percent,with the
steepest portions adjacent to the Hawai`i Belt Road and Lehua Street and an adjoining
dry ditch located to the west.
The project site is situated along the makai side of the Hawaii Belt Road within
the urban core of Honoka`a town. To the east lies Tex's Drive Inn, situated on
Commercial-zoned lands. In close proximity to the north(makai)lies the Honoka`a
Elementary, Intermediate and High School complexes,the Honoka`a Park complex, and
the Hale Ho`ola Hamakua medical complex. Immediately to the east of the project along
Lehua Street is a recent 8-lot subdivision consisting of lots at least 10,000 square feet in
size on lands zoned RS-10. To the immediate west of the project site are vacant lands
zoned RS-10.
While the downzone to RS-15 would reduce the residential density in this area, it
is still consistent with the urban, residential nature of the surrounding community and
consistent with the LUPAG designations of the subject parcels.
Additionally,this rezone, along with an approved PUD,will allow the applicant
to defray infrastructure costs associated with typical subdivision requirements in order to
ensure that 50% of the proposed lots would be offered at affordable rates to prospective
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buyers. This will be done through an affordable housing agreement between the applicant
and the County Office of Housing and Community Development pursuant to Chapter 11
of the Hawai`i County Code,that will be executed prior to receipt of Final Subdivision
Approval for any portion of the project. The preceding will be added as a condition of
approval.
Based on the preceding, the proposed RS-15 zoning conforms to the goals,
policies and standards of the General Plan and the Hamakua Community Development
Plan (CDP).
All utilities and services are available to the site.
Proposed access to the subject properties is from Lehua Street, a curvilinear,two-
way,two-lane local roadway,between Pakalana Street and the Honoka`a County Park
complex. Sight distances along Lehua Street are limited by its horizontal and vertical
alignments and roadside vegetation and embankments. Lehua Street is a County owned
and maintained roadway with an approximately 21-to 22-foot-wide pavement(in the
area of the subject parcels)within an existing 50-foot-wide right-of-way. Both Lehua
Village 1 and Lehua Village 2 will have a roadway connection from Lehua Street to a
private subdivision roadway consisting of 20-foot-wide pavement and 10-foot-wide grass
shoulders within a 40-foot-wide right-of-way. Each private roadway will end in an
alternative "hammerhead"turn-around in lieu of a traditional cul-de-sac meeting with the
requirements of the Fire Department. Finally, a condition of approval will require these
private roadways to be maintained by the lot/homeowners.
According to the Department of Public Works-Engineering Division, all road
connections and construction within Lehua Street shall conform to Chapter 22, County
Streets, of the Hawaii County Code and access to Lehua Street, including the provision
of adequate sight distances, shall meet with the approval of the Department of Public
Works, Engineering Division. This will be added as a condition of approval.
According to the applicant, there will be no direct driveway access from
individual lots to Lehua Steet as all driveway accesses will come off of the proposed
private roadways. To ensure that this remains the case, a condition of approval requiring
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a 10 foot-wide no vehicular access planting screen easement be incorporated on
properties with frontage along Lehua Street will be added.
While the proposed 40-lot subdivision did not trigger a Traffic Impact Analysis
Report(TIAR)under the Zoning Code's concurrency requirements, the applicant
submitted a Traffic Analysis Report(TAR) dated May 22, 2020, that considered the
traffic impacts for a larger, 80-lot subdivision including the subject properties and a third,
adjacent parcel.
The report studied the potential impact of traffic at the Hawaii Belt
Road/Pakalana Street and Pakalana Street/Lehua Street intersections and determined that
with the addition of as many as 80 lots, these intersections would operate at acceptable
levels of service; thus,no intersection traffic mitigation was recommended.
According to the Department of Water Supply (DWS),pursuant to a Water
Development Agreement, dated September 15, 2014,between the applicant and Water
Board, the applicant has a water commitment of 100 units of water, of which the
proposed 40-lot subdivision will require 38 additional units of water. These units can be
made available from the existing 12-inch waterline within Lehua Street. The applicant
will be required to pay a water commitment deposit, pay water facilities charges and
construct water system improvements meeting with the requirements of DWS in prior to
receipt of final subdivision approval. The preceding will be added as conditions of
approval.
According to the Department of Environmental Management,there is no County
sewer system in the area. The lot owners will need to construct individual septic
wastewater systems meeting with the approval of the Department of Health. There is no
municipal waste collection service in the County. According to the applicant, solid waste
will be either be handled by commercial haulers who will dispose of the refuse at
authorized landfill sites or by homeowners at the nearest solid waste transfer station.
Electrical, telephone and internet services are available to the properties. Police,
fire, and medical services are available nearby in Honoka`a town. A condition of
approval will require the applicant or successor to pay a fair share contribution on lots
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designated for sale at market rates to mitigate potential regional impacts of the
development.
There are no severe geological or topographical problems which cannot be
properly rectified, or which would render the land unusable. The overall slope of the
project site ranges between 8 percent to over 13 percent, with the steepest portions
adjacent to the Hawaii Belt Road and Lehua Street and an adjoining dry ditch located to
the west. The property is situated approximately 1.8 miles from the nearest shoreline and
thus not situated within the tsunami inundation area or evacuation area.
According to the Flood Insurance Rate Map (FIRM)prepared by the Federal
Emergency Management Agency (FEMA), The majority of the project site is situated
within flood Zone"X,"which is determined by FEMA to be an area of minimal flood
hazard. However, the western boundary of the Lehua Village 2 is defined by a shallow
drainage-way identified as "Honoka`a Drainage-way No. 2" which is also designated as a
FEMA floodway subject to 100-year(AH) frequency floods with depths of 1 to 3 feet
(usually areas of ponding). According to the applicant, however,none of the subdivision
infrastructure will be built within the AH area mentioned above. If an individual lot
owner chooses to build in the AH designated area,they will be required to build as
required by Chapter 27, Flood Control, of the Hawaii County Code.
According to the Department of Public Works—Engineering Division, all
development generated runoff shall be disposed of onsite and not be directed toward any
adjacent properties. A drainage study shall be prepared by a licensed civil engineer and
submitted to the Department of Public Works prior to the issuance of a construction
permit. Any recommended drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works prior to the construction of
any proposed structures on the property. The applicant will also be required to comply
with the County Flood Code. The preceding will be added as conditions of approval.
The subject request is not contrary to Chapter 205A,Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The subject property is located more than three miles from
the shoreline approximately 1.8 miles from the nearest shoreline and will not be impacted
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by coastal hazard and beach erosion. There is no record of a designated public access to
the shoreline or mountain areas that traverses the property. According to the applicant, it
is not known whether the subject property or immediate surrounding area have been used
in the recent past for the gathering of plants by Native Hawaiians. The applicant has not
observed any Native Hawaiians on the site or adjoining properties gathering plants and
there is no evidence of any traditional and customary Native Hawaiian rights being
practiced on the site,nor existence of any known valued cultural, historical, or native
resources in the area.
The request will not have a signnificant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH"
and"Ka Pa'akai O Ka'Aina" decisions,the issue relative to native Hawaiian gathering
and fishing rights must be addressed in terms of the cultural,historical, and natural
resources and the associated traditional and customary practices of the site:
Investigation of valued resources: No professional archaeological, cultural
studies, or flora/fauna studies were conducted on the subject properties as they have been
heavily physically altered and used for intensive sugar cane cultivation for decades.
According to the applicant, it is unknown if the subject property or immediate
surrounding area was used in the past for the gathering of plants by Native Hawaiians.
According to the applicant, vegetation on the subject properties primarily consists
of abandoned sugar cane with a mix of non-native grasses and pockets of ironwood trees.
Observed fauna include introduced bird species such as dove, Japanese White-eye,house
finch and myna that are common in the surrounding area, as well as domestic animals
such as cats, dogs, goats, chickens, rats, and feral pigs.
The valuable cultural, historical, and natural resources found in the rezoning area:
According to the applicant,the subject properties have been previously used for intensive
sugar cane cultivation for decades. Furthermore,the properties are situated approximately
1.8 miles from the nearest shoreline, thus it is unlikely that any valuable cultural,
historical, or natural resources are located on the subject parcels. Finally,given the
preceding and the urban nature of the surrounding area,the applicant does not believe
that rare or endangered floral or faunal resources are likely to be found within the site.
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Possible adverse effect or impairment of valued resources: There may be a
possibility that native plants could be destroyed by construction and ground alteration,
but this is unlikely as no native plants have been observed on the site. The subject
property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is
not an issue.
Feasible actions to protect native Hawaiian rights: No known gathering is taking
place on the site. Thus, to the extent to which traditional and customary native Hawaiian
rights are exercised,the proposed action will not affect traditional Hawaiian rights;
therefore, no action is necessary to protect these rights.
Based on the preceding, it is believed that the project would have no adverse
impact relative to the archaeological, cultural, or historical resources of the area. To the
extent to which traditional and customary Native Hawaiian rights are exercised,the
proposed action will not affect traditional Hawaiian rights and no action is necessary to
protect these rights.
Lastly, this approval is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in
connection with the approved use, prior to its commencement or establishment upon the
subject property. Additional governmental requirements may include the issuance of
building permits, the installation of approved wastewater disposal systems, compliance
with the Fire Code, installation of improvements required by the American with
Disabilities Act(ADA), compliance with DLNR-SHPD requirements, 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 preceding findings, approval of this Change of Zone from a Single-
Family Residential-10,000 Square Feet (RS-10) to a Single-Family Residential-15,000
Square Feet (RS-15)zoning district would result in an appropriate land use pattern that will
further benefit the general public.
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The accompanying draft bill to amend Section 25-8-15 (Hamakua District Zone Map),
Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
4�M�V`OF h{`�pi
COUNTY OF HAWAII +_ STATE OF HAWAII
ri�•oF•rr.M�
BILL NO.
ORDINANCE NO. (Planning Dept.)
AN ORDINANCE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO SINGLE-FAMILY
RESIDENTIAL— 15,000 SQUARE FEET (RS-15)AT HONOKA`A, HAMAKUA, HAWAII,
COVERED BY TAX MAP KEY: 4-5-010:136, AND 4-5-024:010.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Section 25-8-15,Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (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 Honoka`a, Hamakua,
Hawaii, shall be Single-Family Residential— 15,000 square feet(RS-15):
REMAINDER LOT 10
Beginning at the southeast corner of this parcel of land and on the north side of Old
Lehua Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAAO"being 688.58 feet South and 1,345.83 feet West and
running by azimuths measured clockwise from True South:
Following along Old Lehua Street
for the next nine (9) courses,the
azimuths and distances between
points being:
I. 1260 00' 39.35 feet;
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2. Thence along a curve to the left having a radius of 375.00 feet,the chord azimuth
and distance being:
113° 00' 168.71 feet;
3. 1000 00' 240.84 feet;
4. Thence along a curve to the left having a radius of 100.00 feet, the chord azimuth
and distance being:
770 30' 76.54 feet;
5. 550 00' 144.75 feet;
6. Thence along a curve to the right having a radius of 100.00 feet,the chord
azimuth and distance being:
790 00' 81.35 feet;
7. 1030 00' 80.33 feet;
8. Thence along a curve to the right having a radius of 50.00 feet, the chord azimuth
and distance being:
1430 45' 65.28 feet;
9. 1840 30' 327.46 feet;
Thence along Lehua Street for the
next four(4) courses, the azimuths
and distances between points being:
10. Thence along a curve to the left having a radius of 430.00 feet,the chord azimuth
and distance being:
2710 35' 39" 121.09 feet;
11. 2630 30' 193.78 feet;
12. Thence along a curve to the right having a radius of 770.00 feet,the chord
azimuth and distance being:
2700 00' 183.23 feet;
13. 2770 10' 357.88 feet;
14. 3530 00' 110.00 feet;
15. 3300 30' 160.00 feet;
16. 220 30' 70.67 feet;
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17. 1120 30' 79.37 feet along Lot 1;
18. 220 30' 67.08 feet along Lot 1;
19. 360 00' 50.00 feet along Lot 1 to the point of
beginning and containing an area of
7.137 acres.
LOT 12
Beginning at the northwest corner of this parcel of land and on the westerly side of Lehua
Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAAO"being 132.19 feet South and 2,386.68 feet West and
running by azimuths measured clockwise from True South:
1. Following along the westerly side of Lehua Street, along a curve to the left,
having a radius of 430.00 feet,the
chord azimuth and distance being:
3020 59' 42" 242.00 feet;
2. 40 30' 335.24 feet along the west side of Old Lehua
Street;
3. Thence along the west side of Old Lehua Street, along a curve to the left having a
radius of 100.00 feet, the chord
azimuth and distance being:
3230 45' 130.55 feet;
4. 2830 00' 80.33 feet along the north side of Old
Lehua Street;
5. Thence along the north side of Old Lehua Street, along a curve to the left having a
radius of 150.00 feet, the chord
azimuth and distance being:
2690 25' 45.5" 70.39 feet;
6. 3450 51' 31" 106.24 feet along Lot 13;
Thence along the north side of
Hawaii Belt Road F.A.P.No. F-
019-1(1) for the next six courses,the
azimuths and distances being:
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7. Thence along a curve to the left having a radius of 2,979.79 feet, the chord
azimuth and distance being:
880 27' 12" 363.82 feet;
8. 3540 57' 12" 75.00 feet;
9. Thence along a curve to the left having a radius of 2,904.79 feet,the chord
azimuth and distance being:
840 16' 59" 67.96 feet;
10. 830 36' 46" 182.97 feet;
11. 1730 36' 46" 20.00 feet;
12. 830 36' 46" 107.00 feet;
13. 1990 49' 07" 845.41 feet along the center of dry ditch and
all its windings and along Lot 11 to
the point of beginning and
containing an area of 7.185 acres.
No vehicle access is permitted along courses 7 to 12 of the above description. Vehicle
access is only permitted along courses 1 to 5 on the west and north sides of Old Lehua
Street.
All as shown on the map attached hereto,marked Exhibit"A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii 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
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(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
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 provisions 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
Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
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CBLehuaVi11agePXZ.7.172022.crk
LEHUA VILLAGE PARTNERS,LLC
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000028)
CONDITIONS OF APPROVAL
A. The applicant(s),its successor(s), or assign(s) ("Applicant") shall be responsible for
complying with all of the stated conditions of approval.
B. The required water commitment payment for the additional lots shall be submitted to the
Department of Water Supply in accordance with its "Water Commitment Guidelines
Policy"within one hundred and eighty (180) days from the effective date of this
ordinance. The Applicant is responsible for maintaining valid water commitments to
support the proposed development until such time that required water facilities charges
are paid in full.
C. The Applicant shall construct necessary water system improvements as required by the
Department of Water Supply, which may include,but not be limited to: 1) service laterals
that will accommodate a 5/8-inch meter to front each lot; 2)cut and plug existing service
lateral (Account No. 670- 05650); 3)water mains capable of delivering water at adequate
pressure and volume under peak-flow and fire-flow conditions; minimum diameter of
mains shall be six (6) inches; 4) fire hydrants spaced no more than 600 feet apart. On
dead-end streets,the last fire hydrant hall be located at one-half the distance from the last
house, or unit, fronting the property or driveway or access to the property; and 4) subject
to other agencies requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development,the application shall be
responsible for the relocation and adjustment of the Department of Water Supply's
affected water system facilities, should they be necessary.
D. Final Subdivision Approval shall be secured within five (5)years from the effective date
of this ordinance.
E. All subdivision roadway connections and construction within the Lehua Street Right-of-
Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to
Lehua Street, including the provision of adequate sight distances, shall meet with the
approval of the Department of Public Works.
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F. Vehicular access to individual lots shall not be allowed from Lehua Street. The Applicant
shall provide a 10-foot wide no vehicular access planting screen easement on the
properties with frontage along Lehua Street.
G. All development generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared by a professional civil
engineer licensed in the State of Hawai`i and submitted to the Department of Public
Works. Any recommended drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works prior to receipt of Final
Subdivision Approval.
H. The Applicant shall comply with Chapter 27, Flood Control, of the Hawaii County
Code.
L All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code.
J. A National Pollutant Discharge Elimination System (NPDES)permit and an
Underground Injection Control (UIC) permit, if required, shall be secured from the State
Department of Health before the commencement of construction activities.
K. The method of sewage disposal shall meet with the requirements of the Department of
Health.
L. In the event that surface or subsurface historic resources, including human skeletal
remains, structural remains (e.g., rock walls,terraces,platforms, etc.), cultural deposits,
marine shell concentrations, sand deposits, or sink holes are identified during the
demolition and/or construction work,the Applicant shall 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.
M. As represented by the Applicant, 50% of the proposed 40-lot Planned Unit Development
(PUD)project shall be set aside for affordable housing, in accordance with mutually
agreeable terms between the Applicant and the County Office of Housing and
Community Development,using the provisions of Chapter 11,Article 1, Hawaii County
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Code relating to Affordable Housing Policy. Said agreement shall be executed prior to
receipt of Final Subdivision Approval of any portion of the project. Should the PUD not
be developed,the Applicant shall comply with the requirements of Chapter 11,Article 1,
Hawaii County Code relating to Affordable Housing Policy.
N. The Applicant(s) 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 Subdivision Approval. The fair share contribution for each lot
shall be based on the number of lots developed. 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 (HOPI). The fair share
contribution shall have a maximum combined value of$15,636.59 per single family
residential lot. The fair share contribution per single family residential lot shall be
allocated as follows:
a. $7,540.24 per single family residential lot to the County to support park and
recreational improvements and facilities;
b. $363.74 per single family residential lot to the County to support police facilities;
c. $718.44 per single family residential lot to the County to support fire facilities;
d. $314.54 per single family residential lot to the County to support solid waste
facilities; and
e. $6,699.63 per single family residential lot to the County to support road and
traffic improvements.
In lieu of paying the fair share contribution, the Applicant(s) 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. This condition shall
not apply to any lots included in the executed affordable housing agreement referenced in
Condition M, excluding any lots sold for excess housing credits.
-3-
O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
P. The Applicant shall comply with all applicable County, State, and Federal codes, laws,
rules, regulations, and requirements for the proposed development, including the State
Department of Health.
Q. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Director upon the following circumstances:
a. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the Applicant, successors, or assigns, and that are not
the result of their fault or negligence.
b. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
c. Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
d. The time extension 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).
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.
R. 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.
-4-
01
A-40a y RS-10 RS-10
�
D
A-5a RS-10
688.58'S
_ 1,345.83'W S-1
RS-10 D "KAAO"
�1 Lot 12 A-5a R -1
SINGLE-FAMILY RESIDENTIAL
-5a (RS-10)TO
SINGLE-FAMILY RESIDENTIAL
(RS-15)
7.185 ACRES
RS-10
RS-10
R -1
R -1
R -10
NA KAMALII P
RS 10
HUS-
10 MA U PL co
z
R -10 R _
HAWAII BELT ROAD
To Waimea of
Lot 10(REMAINDER)
SINGLE-FAMILY RESIDENTIAL
(RS-10)TO 688.58'S
//g RS 10
SINGLE-FAMILY 1,345.83'w A-40a FCR
RS-10 RESIDENTIAL(RS-15) "KAAO" OqD
7.137 ACRES
RS-t(5 co oQ 0 TO Hilo
oP¢o
P P A-40a
RS 10 _1
Feet
0 400 800 1,200 1,600 2,000
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25
(ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL
(10,000 SQUARE FEET) (RS-10) TO SINGLE-FAMILY RESIDENTIAL
(15,000 SQUARE FEET) (RS-15) AT HONOKAA, HAMAKUA, HAWAI'I
MAP PREPARED BY:
TMK:(3)4-5-010:136;(3)4-5-024:010 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:July 29,2022
EXHIBIT"A" a ua Village PartnerMaps1446