HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-018) RCardozaREZ.8.112022
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION REPORT
LEONARD CARDOZA TRUST
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000018)
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 Agricultural 20-acre (A-20a) to Family Agricultural 1-acre (FA-la) for
approximately 15.411 acres 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 position. This favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from Agricultural-20 acres (A-20a)
to Family Agricultural-1 acre (FA-la) for approximately 15.411 acres of land, in order to
create a seven (7)lot subdivision. The proposed FA-la zoning would allow up to 15 lots
to be created on the subject property. According to the Zoning Code, the Family
Agricultural (FA) zoning district provides for a blend of small-scale agricultural
operations associated with residential activities and which may be characterized by farm
estates, small acreage farms, or subsistence lots.
If the requested land use entitlement changes are approved,the applicant is
proposed to subdivide the property into seven (7) lots, consisting of 4.12 acres, 2.87
acres, 2.56 acres, 1.96 acres, 1.47 acres, 1.33 acres and 1.1 acres in size. The applicant
initially considered FA-2a zoning in order to subdivide the 15.411-acre project site into
seven (7)lots, in alignment with the number of available water meters; however, given
the existing cane haul roads on the project site are of sufficient width and structure to
serve as the primary access roadways,the proposed subdivision layout was then
reconfigured to take advantage of these existing can haul roads. Thus,then resulting in
the reconfigured lots falling below 2 acres in size and necessitating the requested
rezoning to FA-la.
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
-1-
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 be also considered as they may have an impact on similar areas in the
County.
The proposed Change of Zone from an Agricultural (A-20a) to a Family
Agricultural (FA-1 a)zoning district will conform to, among others,the following
goals,policies and standards of the General Plan Element 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 interests 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 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 coordinate
growth and development of the County and 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. In most cases,the LUPAG map shows
the general location of a particular designation, and the boundaries are not meant to be
precisely scaled(e.g.,not intended to be interpreted with along parcel lines or with metes
and bounds precision). While the property is designated both Industrial (IND) and Low
Density Urban (ldu)by the General Plan LUPAG map, the Planning Director has
determined that the subject parcel is situated entirely within the Low Density Urban
LUPAG designation, given the existing surroundings and the broad-brush nature of the
LUPAG map. The ldu designation includes residential, with ancillary community and
-2-
public uses, and neighborhood and convenience-type commercial uses; overall residential
density may be up to six units per acre. While the proposed FA-la zoning is an
agricultural zoning designation, it is also consistent with the ldu LUPAG designation, as
indicated in the definition of FA zoning found in the Zoning Code.
The 15.41 I-acre project site is comprised of two separate lots, a 13.944-acre
parcel and adjoining 1.467-acre road lot. The property is irregular in shape and located
makai of Old Mamalahoa Highway,where the property is bisected by. The site is situated
at an elevation of 315 feet above sea level, and the land gently rises at a 11-24% slope
from the eastern side to the western side of the property. The subject property is currently
improved with one (1) garage that was constructed in 1930. The property has been
utilized as a service yard that once supported cane haul trucks servicing the neighboring
`O`6kala Mill.
Surrounding lands are zoned A-20a on the east and south and RS-10 on the west
side of Old Mamalahoa Highway. To the north of the subject property is lands zoned
MG-la. The project site is located immediately makai of the residential areas of Milo
Village and directly northwest of Kukui Camp Subdivision, both of which are zoned as
RS-10. Immediately adjacent to the west is the former `O`6kala Mill site, comprising in
excess of 40 acres of General Industrial (MG-la) zoned lands. Remaining lands adjacent
to the north (makai) and east are zoned A-20a.
The U.S. Department of Agriculture (U.S.D.A.) soil survey identifies soils on the
property as `O`6kala Mill medial silty clay loam, with 0 to 35 percent slopes. The
Agricultural Lands of Importance to the State of Hawai`i (ALISH)map indicates most of
the property is identified as "Prime Agricultural Land" and the Land Study Bureau's
Detailed Land Classification System largely identifies soils of the property as "B" or
"Very Good" and"E" or"Very Poor' soils for agricultural productivity.
The proposed rezoning is situated within the Hamakua Community Development
Plan (CDP)planning area and further designates it in the `O`6kala Mill Urban Growth
Boundary area. According to the HCDP,the Urban Growth Boundary designates a
town's current or future desired urban boundary and is intended to direct growth in the
Hamakua CDP planning area. The CDP strategy of mapping parcel-specific Urban
-3-
designations whenever possible adds clarity and specificity, increases transparency into
the land use designation process and more accurately reflects the County's and the
community's land use goals and intentions.
All essential utilities and services are available to the property. The subject
property is currently accessed via Old Mamalahoa Highway,which is a County owned
and maintained roadway. Old Mamalahoa Highway will provide direct access to one (1)
parcel which shares its frontage. The remaining six (6)parcels will be accessed via a 50-
foot wide private agricultural-standard roadway which was previously used as cane haul
roads. These former cane haul roads have pavement widths of at least 20 feet. A small
segment of road along the western side of the project site within the existing 40 footwide
easement and adjoining 10-foot road widening will be improved to a full 20-foot wide
agricultural pavement. At this time the applicant is not proposing to install sidewalks on
the interior roadways of the development.
According to DPW-Engineering Division (DPW), construction within the County
right-of-way will require a County ROW permit in conformance with Hawai`i County
Code, Chapter 22, County Streets. The Planning Department will add this condition as
well as other standard conditions that the applicant comply with the requirements of the
DPW-Engineering Division for the interior roadways and any other roadway
improvements.
Based on the proposed zoning, DPW-Engineering Division recommends that the
applicant provide improvements to the subject property's entire Old Mamalahoa
Highway frontage consisting of, but not limited to paved shoulders, bike lanes, swale
improvements, signs and markings, streetlights, safety devices and any required utility
relocation,meeting the requirements of the Americans with Disabilities Act and the
approval of the Department of Public Works. The applicant finds that imposing these
improvements will be excessive due to the small 7-lot subdivision that will not require
any off-site roadway improvements to accommodate the 7 peak-hour vehicular trips. The
applicant further states that requiring paved shoulders,bike lanes and swale
improvements as well as utility relocation would not conform to the existing conditions
in the surrounding area and would be costly. The Planning Director agrees with the
-4-
applicant's reasons for not requiring paved shoulders,bike lanes, swale improvements,
drainage improvements to the Old Mamalahoa Highway frontage,however conditions of
approval will be included to require the applicant to place any necessary safety devices,
such as guardrails, at necessary locations as determined by the Department of Public
Works provided that no utility relocation is required. Furthermore, in the event that
DPW-Engineering Division constructs paved shoulder, bike lane and shoulder
improvements to Old Mamalahoa Highway, a condition of approval will require the
applicant to be responsible to provide a pro-rata share for the necessary improvements as
determined by DPW.
Section 25-2-46 (d)(1) of the concurrency provision requires a Traffic Impact
Analysis Report(TIAR) as part of any rezoning application in situations where the
projected use can generate 50 or more peak hour trips. Given the small scale and scope of
the proposed project, a TIAR was not performed as the project conforms to the County's
concurrency requirements. The applicant states that the project is anticipated to generate
less than 50 peak hour vehicular trips and should not have a significant adverse impact to
traffic along Old Mamalahoa Highway.
According to the Department of Water Supply (DWS), water can be made
available from an existing 6-inch waterline along Old Mamalahoa Highway which fronts
the subject parcel. Additionally, DWS states that the proposed increased water
commitment would be granted if the applicant constructs water system improvements,
and final subdivision approval will be subject to requirements to construct any necessary
water system improvements. Based on the preceding, as a condition of approval,the
applicant will be required to comply with the Department of Water Supply (DWS)
requirements prior to securing Final Subdivision Approval. Please note, while the
proposed FA-la zoning and existing lot size could theoretically allow for the subdivision
of the property into 15 lots, due to current available water units and concurrency
requirements,the Planning Director is recommending a condition prohibiting the
issuance of a water variance for the subject property. The condition shall be in effect until
additional water units are available for the area via the County's water system and will
-5-
allow for the flexibility to be automatically modified to account for any changes in water
unit availability in the future.
There are no municipal waste collection services in the County. According to the
application, solid waste will be handled by commercial haulers or individual
homeowners,who will dispose of the refuse at authorized transfer stations or landfill
sites.
All essential utilities and services are available to the property. Police services,
fire services and medical services are available in Honoka`a, about 12 miles north of the
project site. A condition of approval will be included to require the applicants to meet all
applicable County, State and Federal laws,rules,regulations and requirements.
There are no severe geological or topographical problems for the property
that cannot be properly rectified, or which would render the land unusable.
According to the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency
Management Agency (FEMA) and the Department of Public Works-Engineering
Division (DPW), the property is located in Zone "X", an area outside of the 500-year
flood area. There are no significant topographical constraints, and the property is not
located in a flood zone. Conditions of approval will ensure that all development
generated runoff will be disposed of onsite and that the applicant will comply with
Chapter 10, Hawaii County Code related to Erosion and Sedimentation Control.
The request is not contrary to Chapter 205A,Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located over 775 feet from the nearest coastline and will
not be impacted by coastal hazard and beach erosion. There are no identified recreational
resources,historic resources,public access to the shoreline or mountain areas, scenic and
open space preserves, coastal ecosystems,marine resources, or other natural and
environmental resources on the subject property.
The request will not have a significant 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
-6-
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 formal archaeological reconnaissance
survey, oral history of kama`aina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
The valued cultural, historical, and natural resources found in the rezoning area.
As the property has historically been associated with the service and maintenance shop
that once supported can haul trucks servicing the `O`okala Mill and has since been
developed with a garage, it is unlikely that there are any valued cultural,historical, and
natural resources to be found in the rezoning area.
Possible adverse effect or impairment of valued resources: There is no evidence
of any possible adverse effects or impairments will occur to any valued resources.
Feasible actions to protect native Hawaiian rights: As there is no evidence of any
valued cultural,historical, and/or natural resources found on the site,there is no action to
be taken. A condition of approval will be added for the protection of inadvertent finds
should any remains of historic sites, such as rock walls,terraces, platforms,marine shell
concentrations or human burials be encountered. The applicants shall be required to
cease work in the immediate area and contact the Department of Land and Natural
Resources—State Historic Preservation Division (DLNR-SHPD). Subsequent work shall
proceed upon an archaeological clearance from DLNR-SHPD when it finds that
sufficient mitigation measures have been taken.
Lastly, this recommendation is made with the understanding that the applicants
remain responsible for complying with all other applicable governmental requirements in
connection with the proposed use,prior to its commencement or establishment upon the
subject properties. Additional governmental requirements may include the issuance of
building permit, compliance with the Fire Code, among many others. Compliance with
all applicable governmental requirements is a condition of this approval recommendaiton;
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.
-7-
Based on the preceding findings, approval of the Change of Zone request from an
Agricultural 20-acre (A-20a) to Family Agricultural 1-acre (FA-la)zoned district would
result in an appropriate land use pattern that will further the public necessity and
convenience and the general welfare.
The accompanying draft bill to amend Section 25-8-19 (North Hilo Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval are
attached to the draft bill.
-8-
4�M�V`OF h{`�pi
COUNTY OF HAWAII +_ STATE OF HAWAII
ri�•oF•rr.M�
BILL NO.
ORDINANCE NO. <Planning Department>
AN ORDINANCE AMENDING SECTION 25-8-19 (NORTH HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—20 ACRES (A-20a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-
la)AT `O`OKALA,NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-9-001:023,
AND 031.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Section 25-8-19,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 `0`6kala,North Hilo,
Hawaii, shall be Family Agricultural —One Acre (FA-la):
Beginning at the Southeast corner of Parcel 4 of Tax Map Key (3) 3-9-01,the
coordinates of which referred to Government Survey Triangulation Station
"HUMU`ULA"being 5,709.26 feet North and 1,792.09 feet West, and running by
azimuths measured clockwise from True South:
1. 1920 33' 29" 967.81 feet, along Parcel 4 and Lot 161,
along remainder of Grant 2467 to
Hanehane and Ka`awapu`upu`uole;
thence, along Parcel 24, along
remainder of Grant 2467 to
Hanehane and Ka`awapu`upu`uole
on a curve to the right with a radius
of 1,462.66 feet, the chord azimuth
and distance being:
-1-
2. 3090 53' 58" 138.68 feet;
3. 3120 37' 590.00 feet, along the Parcel 24, along
remainder of Grant 2467 to
Hanehane and Ka`awapu`upu`uole;
thence, along Parcel 24, along
remainder of Grant 2467 to
Hanehane and Ka`awapu`upu`uole
on a curve to the left with a radius of
686.88 feet,the chord azimuth and
distance being:
4. 2980 14' 01" 341.25 feet;
thence, along Government(Crown)
Land of`O`6kala and Manowaialee,
along the middle of Alaialoa Gulch,
for the next nine calls, the direct
azimuths and distances being:
5. 450 04' 53.00 feet;
6. 130 30' 123.70 feet;
7. 00 41' 94.15 feet;
8. 3280 23' 40.20 feet;
9. 2730 43' 30" 50.35 feet;
10. 2720 20' 30" 57.60 feet;
11. 3270 38' 44.00 feet;
12. 3420 41' 53.27 feet;
13. 3500 51' 34.23 feet,to the North side of Old
Mdmalahoa Highway;
thence, along the North side of Old
Mdmalahoa Highway on a curve to
the right with a radius of 419.70 feet,
the azimuth to the radius center
being: 159° 47' 32" the chord
-2-
azimuth and distance being:
14. 710 0 F 01" 17.94 feet;
thence, along the North side of Old
Mdmalahoa Highway on a curve to
the right with a radius of 323.48 feet,
the chord azimuth and distance
being:
15. 840 24' 45" 136.40 feet;
16. 960 35' 886.93 feet, along the North side of Old
Mdmalahoa Highway;
thence, along the North side of Old
Mdmalahoa Highway on a curve to
the right with a radius of 310.00
feet,the chord azimuth and distance
being:
17. 1030 18' 72.51 feet;
18. 1100 01' 56.94 feet, along the Northern side of Old
Mdmalahoa Highway, to the point of
beginning and containing an Gross
area of 15.404 Acres.
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
-3-
the proposed use, or
(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 1st Reading:
Date of 2nd Reading:
Effective Date:
-4-
CCardozaPXZ.8.112022
LEONARD CARDOZA TRUST
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000018)
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 Applicant shall be responsible for complying with all requirements of
Chapter 205, Hawaii Revised Statutes,relating to permissible uses within the
State Land Use Agricultural District.
C. Final Subdivision Approval shall be secured within five (5)years from the
effective date of this ordinance.
D. 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.
E. 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)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,
3) fire hydrants spaced no more than 600 feet apart, 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.
F. No variance from the minimum water requirements in Hawaii County Code
Chapters 23 and 25 shall be granted to the property. Should there be additional
water units available in the future from the Department of Water Supply this
condition shall be automatically adjusted to the then current standards.
G. All driveway connections and construction within the Old Mamalahoa Highway
Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County
Code. Access to Old Mamalahoa Highway, including the provision of adequate
-1-
site distances, shall meet with the approval of the Department of Public Works.
H. Prior to Final Subdivision Approval, the applicant shall install necessary safety
devices (i.e. guardrails) along the subject properties Old Mdmalahoa Highway
frontage,provided no utility relocation is required, if required by the Department
of Public Works.
L The applicant, successors or assigns shall provide their pro-rata share for the
construction of full improvements to the entire property frontage along Old
Mdmalahoa Highway consisting of,but not limited to,paved shoulders, bike
lanes, and swales, drainage improvements and any required utility relocation
meeting with the approval of the Department of Public Works (DPW). The pro-
rata share for roadway improvements specified in this condition shall be
determined by the DPW and shall become due and payable to the County of
Hawaii within six (6) months from the date that formal notice is served upon the
Applicant by the DPW regarding a program for the installation of paved
shoulders, bike lanes, and swales, drainage improvements and any required utility
relocation along the properties frontage of Old Mdmalahoa Highway.
J. 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 Hawaii 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.
K. All earthwork and grading activity shall conform to Hawaii County Code
Chapter 10, Erosion and Sedimentation Control, and Chapter 27 Flood Control.
L. 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.
M. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
-2-
N. 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.
O. To protect any Hawaiian Hoary Bats in the vicinty of the property,barbed wire
fencing shall not be used on the property and woody vegetation over 15 feet in
height shall not be removed during bat breeding season of June 1st to September
15th.
P. If any listed waterbirds such as the Hawaiian Duck, Hawaiian Stilt, Hawaiian
Coot or Hawaiian Goose (Nene) are present during any construction actitivities,
cease all activities within 100 feet of the bird. Work may continue after the bird
leaves of its own accord. If a nest is discovered at any point, the Hawaii Island
Branch DOFAW Office shall be contacted.
Q. If trees are to be cut,particulary during the breeding season from March to
September,the area shall first be surveyed to ensure no Hawaiian Hawk(`Io)
nests are present.
R. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
S. 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
-3-
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.
T. 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.
U. The Applicant shall comply with all applicable County, State and Federal Laws,
rules,regulations and requirements.
V. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
-4-
I. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the Applicant 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).
If the Applicant should require an additional extension of time, the Planning
Department shall submit the Applicant's request to the County Council for
appropriate action.
W. 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.
-5-
A-40a
5,709.26'N AGRICULTURAL(A-20a)TO
1,792.09'W FAMILY AGRICULTURAL(FA-1 a)
A-40a "HUMUULA" 15.411 ACRES
G-la
A- Oa
M -la
A-40a
A-20a
o<OMAMq<AyGAyI A-20a
RS-10 ® GywgY
O
n- a
MILD PLS lij 5-10
o
NOryOkaa RS-10 A-20a A-20a FR
R RS-10 J
= A-20a
A-20a o
ra yi�a
A-20a
A-40a
A-20a
A-20a
A-20a
Feet
0 1,000 21000 3,000 4,000 5,000
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-19 (NORTH-HILO 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
AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-1 a)
AT OOKALA, NORTH HILO, HAWAI'I
MAP PREPARED BY:
TMK:(3)3-9-001:023;031 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:March 18,2022
EXHIBIT"A" Leonard Cardoza
1440