HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-017)RNako aREZ.10.26.2022
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
SHAWN MAILE NAKOA, ESQ.
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000017)
Upon careful review of the request against the guidelines for granting a change of zone,
the Deputy Planning Director is recommending that a favorable recommendation of the
Change of Zone request be forwarded to the County Council. Since this recommendation is
made without the benefit of public testimony, the Deputy Planning Director reserves the right to
modify and/or alter this position based upon additional information presented at the public
hearing. This favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from an Agricultural-5 acre (A-5a)
zoning district to a Family Agricultural-1 acre (FA -la) zoning district for 5.29 acres of
land. The purpose of this request is to subdivide the property into three lots consisting of
a minimum of one acre each.
The applicant is a Court -Appointed Partition Commissioner, who has been vested
and authorized by the Third Circuit Court to subdivide the subject property in to three
lots consisting of a minimum of one acre each, as required by the Stipulated Order
Adopting Commissioner's Report 91, filed October 4, 2021, and Directing Partition in
Kind of Property Pursuant to Proposed Plan for Three Lot Subdivision was filed on
December 28, 2021. The parties to the Order are the landowners of the subject property.
The Order concluded that, "Given the parties long-standing connection to the property
and their desire to retain interests in the property, it is just and equitable to order that the
Property be subdivided and partitioned in kind into three lots." The Order directs the
applicant to perform the three -lot subdivision and encourages the County of Hawaii
Planning Department, Department of Public Works and all other relevant government
agencies to facilitate the Commissioner's efforts to subdivide the subject property in the
manner set forth in the Order.
According to the applicant, the subdivision process will begin immediately after
approval of the rezone request. The applicant anticipates having the property subdivided
by the end of 2023 and estimates the cost of the project to be minimal based on the small
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scale of necessary improvements.
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 an Agricultural-5 acre (A-5a) zoning
district to a Family Agricultural-1 acre (FA -la) zoning district conforms to
applicable goals, policies, and standards of the General Plan. The subject, 5.29-acre
property is generally rectangular in shape, located makai of Kuakini Highway, and is
currently vacant of any structures except an approximately 330-square foot shed.
According to the applicant, an older dwelling previously situated on the east side of the
property has been torn down. The property has a gradual downward slope from the
southeast to the northwest, situated at an elevation from 560 to 350 feet above sea level.
There is an existing 60-foot-wide road easement from Kuakini Highway along the entire
northern frontage of the property, established in 1987 as part of Subdivision No. 5535.
The Deputy Planning Director recommends that structures shall not be constructed within
the existing road easement unless the applicant is able to properly remove the easement.
The preceding will be added as a condition of approval.
Surrounding lands are zoned A-5a to the west and south, RS-15 to the north, and
RS-10 on the east side of Kuakini Highway. Surrounding land uses are primarily
residential, with lot sizes ranging from 7,500 to 15,000 square feet and developed with
single-family dwellings. The agriculturally zoned lots to the west and south of the
property are vacant and undeveloped, and there is a 288-acre, RS-10 zoned property
located further south that is not yet developed.
According to the Zoning Code, the Family Agricultural 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.
Thus, the proposed three lot subdivision with a minimum lot size of one acre each is
consistent with the proposed zoning.
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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 request conforms to the following goals, policies and
standards of the General Plan Land Use and Economic Elements:
■ 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.
■ Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability ofpublic services and utilities, access, and public need.
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.
The proposed FA -la zoning conforms to the LUPAG Map that designates the
subject property as Urban Expansion (ue), which allows for a mix of high density,
medium density, low density, industrial, industrial -commercial and/or open designations
in areas where new settlements may be desirable, but where the specific settlement
pattern and mix of uses have not yet been determined. Based on the preceding, proposed
FA -la zoning would effectuate an increase in density that would be consistent with the ue
LUPAG designation and the land use pattern of the surrounding area.
In addition, the proposed change of zone is consistent with the Kona Community
Development Plan (KCDP) as amended in 2019, which designates the property within the
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Kona Urban Area (KUA), and adjacent to the Kahalu`u Neighborhood Transit Oriented
Development (TOD) area on the Official Concurrency Map. The subject property falls
within Concurrency Zone M, although there are no concurrency roadways designated in
the vicinity of the subject property. Furthermore, the proposed development can be
considered "Infill" development as defined in the KCDP as it is situated directly to the
south of the Ali`i Heights Subdivision directly to the north. All essential utilities and
services are available to the site. The subject property is currently accessed via Kuakini
Highway (State Route 11), a State-owned and maintained highway. According to the
State Department of Transportation (DOT), the state highway is a principal arterial
roadway intended for through traffic and new driveways introduce conflict points. In
order to reduce the potential for a conflict point on Kuakini Highway, DOT requests that
the applicant consider limiting access to Pomaika`i Street, a County -owned and
maintained roadway with a right-of-way of 50 feet and pavement width of approximately
30 feet.
In response, the applicant states that access to the parcels will be from Pomaika`i
Street where possible, however as the lot layout has not been finalized, the applicant
requests to retain the possibility of access to Kuakini Highway for one of the proposed
lots. Given the available safe access from Pomaika`i Street, the Deputy Director
recommends that the applicant comply with the request from DOT to not allow access
from Kuakini Highway, with the expectation that a planting screen easement will be
established during final subdivision approval. A condition of approval will be added that
prohibits access from individual lots to Kuakini Highway.
According to the Department of Public Works -Engineering Division (DPW), all
driveway connections to Pomaika`i Street must conform with Chapter 22, County Streets
of the Hawaii County Code, and access must include the provision of adequate sight
distance meeting with the approval of DPW. The preceding will be added as conditions
of approval.
Given the small scale and scope of the proposed project (fewer than 50 peak hour
vehicle trips), no Traffic Impact Analysis Report (TIAR) requirement was triggered
under Zoning Code concurrency requirements.
According to the Department of Water Supply (DWS), the subject property is
currently served by an existing 5/8-inch water meter, which is limited to an average daily
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usage of 400 gallons and suitable for only one single-family dwelling. The applicant
secured an additional two units of water, which will be made available from an existing
6-inch waterline within P6maika`i Street fronting the subject parcel. Conditions of
approval will require the applicant to maintain the two additional water commitments
until such time as the required water facilities charges are paid in full and that final
subdivision approval will be subject to compliance with the requirement to construct any
necessary water system improvements.
According to the Department of Environmental Management (DEM), the subject
property is within 300 feet of the county sewer system and the proposed subdivision
therefore requires extension of the sewer system, in accordance with Section 23-85
(Subdivision Code) of the Hawaii County Code. Based on the preceding, the Deputy
Planning Director recommends that the development project connect to the County sewer
system, meeting with the approval of DEM. The preceding will be added as a condition
of approval.
Solid waste will be disposed of at authorized transfer stations, all essential utilities
are available to the property and the closest police, fire and medical facilities are located
nearby in Kailua-Kona. A condition of approval will be included to require the applicant
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. The
subject property is in an area designated as Zone "X" (an area of minimal flood hazard)
on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management
Agency (FEMA). A condition of approval will be added to require that all development
generated runoff will be disposed of on site and not directed toward any adjacent
properties and all earthwork activity, including grading, grubbing, and stockpiling, and
the project will conform to Chapter 10, Erosion and Sedimentation Control, of the
Hawaii County Code. Thus, the proposed change of zone meets this criterion.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located
approximately 0.8 miles from the nearest shoreline and is situated within the Special
Management Area (SMA). According to the applicant, an SMA assessment application
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for the proposed three -lot subdivision will be submitted should the change of zone be
approved. Since the subject property is not adjacent to the shoreline, it will not be
impacted by coastal hazards and beach erosion. There are no identified recreational
resources or public access to the shoreline or mountain areas, scenic and open space
preserves, coastal ecosystems, marine resources, historic resources in the area. Thus, the
proposed request and use of the property will not adversely impact those resources.
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
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: An Archeological Survey (AIS) of a 32-acre
parcel, including the subject property, was completed by Hammatt et al. in 1987
and an archaeological field inspection (FI) report titled, Archaeological Field
Inspection Letter Report for Nakoa Proposed Rezone, Kapala `alaea 2nd Ahupua `a,
North Kana District, Island of Hawai `i; TAIK (3) 7-7-08: 062 (Scheffler, May
2022).
■ The valued cultural, historical, and natural resources found in the rezoning area:
The Hammatt et al. 1987 survey identified 51 historic properties, 15 of which are
located on the subject property, including a burial, a platform, six terraces, five
agricultural complexes, and two previously identified sites. Two sites were
assessed as significant under criterion d and were recommended for no further
work and none of the sites were recommended for preservation. However,
according to SHPD, the Hammatt survey does not meet current standards for an
archeological inventory survey as defined in Hawaii Administrative Rules
(HAR) 13-276 and SHPD requested that an archeological field inspection (FI) be
conducted of the subject property to determine if undocumented historic
properties exist in the project area.
Subsequently, the applicant provided an FI report which identified one
historic property, an agricultural complex, assessed as significant under criterion d
and recommended for data recovery. Additionally, the FI report indicated that a
historic house structure and auxiliary shed, both damaged by fire and cleared in
W
2018, and three historic graves within a burial plot have all been impacted by
recent bulldozing. Based on the recommendation of the FI, SHPD requested that
an archeological inventory survey (AIS) be conducted for undisturbed portions of
the project area prior to any ground disturbing activities and that an AIS report be
submitted to SHPD for review and acceptance prior to initiation of any project
related work. Additionally, SHPD requested that consultation associated with the
encountered burials occur and be documented as part of the requested AIS, and a
State Inventory of Historic Places (SIHP) Site # request be submitted for the
burials. Once assigned an SIHP Site #, the burials shall be subject to burial
treatment in a separate plan.
In response to SHPD, the applicant requested to complete the AIS
requirements after the proposed change of zone and subdivision of the subject
property, allowing each individual landowner of the proposed parcels to fund an
AIS prior to any proposed ground disturbance.
In response to the applicant's request, SHPD conducted a brief field
inspection of a portion of the property on October 28, 2022, during which
remnants of SIHP sites were observed, including a complex, terrace and platform.
Additionally, SHPD personnel observed potential terraces and a platform that
were not previously identified. Based on this information, SHPD indicated that
while they have no objection to the current request for a change of zone, they
request the opportunity to review future permits for the subject parcel and/or
future subdivided parcels that may include ground disturbance.
Based on the request from SHPD, the Deputy Planning Director
recommends that an AIS be conducted of the subject parcel and/or future
subdivided parcels and that an AIS report be submitted to SHPD for review and
acceptance prior to any building permit and/or ground disturbing activities. The
preceding will be added as a condition of approval.
Possible adverse effect or impairment of valued resources: With the exception of
the previously mentioned archaeological sites, which are addressed by the
archeological FI and the recommended condition to conduct an AIS prior to any
ground disturbing activity, the impairment of other valued resources on the
property is unlikely.
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■ 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. However,
in addition to the AIS mentioned above, 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.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use, prior to its commencement or establishment upon
the subject property. Additional governmental requirements may include the issuance of
building permit, compliance with the Fire Code, installation of improvements required by
the American with Disabilities Act (ADA), 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, the request to rezone the property from an
Agricultural-5 acre (A-5a) zoning district to a Family Agricultural-1 acre (FA -la) zoning
district would result in an appropriate land use pattern that would further benefit the
general public.
The accompanying draft bill to amend Section 25-8-6 (Kailua-Honalu Urban Zone Map),
Article 8, 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.
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COUNTY OF HAWAI`I
ORDINANCE NO.
STATE OF HAWAI`I
BILL NO.
<Planning Department>
AN ORDINANCE AMENDING SECTION 25-8-6 (CITY OF KAILUA-HONALU URBAN
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL — FIVE ACRES (A-5a) TO FAMILY
AGRICULTURAL — ONE ACRE (FA-Ia) AT KEAUHOU, NORTH KONA, HAWAI`I,
COVERED BY TAX MAP KEY: 7-7-008:062.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L-
SECTION 1. Section 25-8-6, 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 Keauhou, North Kona,
Hawaii, shall be Family Agricultural District — One Acre (FA-Ia):
Beginning at a spike in the concrete at the Southeasterly corner of this parcel of
land, being also the Northeasterly corner of Lot 1 and being a point on the Westerly side
of Kuakini Highway (F.A.P. No. S-229 (1)), the coordinates of said point of beginning
referred to Government Survey Triangulation Station "KAILUA (NORTH NERIDIAN)"
being 18,439.04 feet South and 12,621.21 feet East, and running by azimuths measured
clockwise from True South:
Thence, for the next four (4) courses following along the remainder of Grant 3019
to Ka`aipulu:
1. 720 00' 212.91 feet along Lot 1 and Lot 2 to a'/2
inch pipe in concrete (found);
2. 3420 00' 238.37 feet along Lot 2 to a 1/z inch pipe in
concrete (found);
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3.
720
00'
686.75
feet along Lot 2 to a point;
4.
1620
00'
334.35
feet along Lot 1 to a point;
Thence, for the next twenty-two (22) courses following along middle of stonewall
and along
Land Commission Award 4452, Apana 2 to H. Kalama:
5.
2570
19'
22.78
feet along Lot 21 of Ali `i Heights,
Unit 2, Phase IV (File Plan 2400) to
a point;
6.
2480
14'
42.85
feet along Lot 21 of Ali `i Heights,
Unit 2, Phase IV (File Plan 2400) to
a point;
7.
2520
21'
38.80
feet along Lot 21 and Lot 20 of Ali`i
Heights, Unit 2, Phase IV (File Plan
2400) to a point;
S.
2570
01'
51.69
feet along Lot 20 of Ali`i Heights,
Unit 2, Phase IV (File Plan 2400) to
a point;
9.
2590
26'
27.50
feet along Lot 20 of Ali`i Heights,
Unit 2, Phase IV (File Plan 2400) to
a point;
10.
2520
23'
59.05
feet along Lot 20 and Lot 19 of Ali`i
Heights, Unit 2, Phase IV (File Plan
2400) to a point;
11.
2480
27'
25.04
feet along Lot 19 of Ali`i Heights,
Unit 2, Phase IV (File Plan 2400) to
a point;
12.
2560
03'
35.68
feet along Lot 19 of Ali`i Heights,
Unit 2, Phase IV (File Plan 2400) to
a point;
13.
2600
39'
60.28
feet along Lot 19 and the Southerly
end of Roadway of Ali `i Heights,
Unit 2, Phase IV (File Plan 2400) to
a point;
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14.
2630
45'
21.59
feet along the Southerly end of
Roadway of Ali `i Heights, Unit 2,
Phase IV (File Plan 2400) to a point;
15.
2610
59'
42.98
feet along the Southerly end of
Roadway of Ali `i Heights, Unit 2,
Phase IV (File Plan 2400) and along
Lot 18-A of Ali `i Heights, Unit 2,
Phase IV to a point;
16.
2540
20'
71.90
feet along Lot 18-A and Lot 22-A of
Ali `i Heights, Unit 2, Phase IV to a
point;
Thence, for the next five (5) courses following
along Lot 22-A of Ali`i Heights,
Unit 2, Phase IV:
17.
2510
56'
43.57
feet to a point;
18.
2470
18'
32.36
feet to a point;
19.
2460
57'
18.00
feet to a spike (found);
20.
2570
26'
40.12
feet to a point;
21.
2520
4 F
26.07
feet to a point;
22.
2590
53'
39.02
feet along Lot 22-A and Lot 21-A of
Ali `i Heights, Unit 2, Phase IV to a
nail (found);
Thence, for the next three (3) courses following along Lot 21-A-1 of Ali`i
Heights,
Unit 2, Phase IV:
23.
2530
13'
24.03
feet to a spike (found);
24.
2490
36'
41.85
feet to a point;
25.
2540
07'
39.60
feet to a point;
26.
2500
38' 22"
98.24
feet along Lot 21-A-1 and Lot 18-A-
1 of Ali`i Heights, Unit 2, Phase IV
to a nail (found);
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27. 2530 12' 9.64 feet along the Westerly side of
Kuakini Highway (F.A.P. No. S-229
(1)) to a point;
28. 3510 14' 30" 35.57 feet along the Westerly side of
Kuakini Highway (F.A.P. No. S-229
(1)) to a point;
Thence, following along the Westerly side of Kuakini Highway (F.A.P. No. S-229
(1)) on a curve to the left with a radius of 1,567.89 feet, the chord azimuth and
distance being:
29. 3500 47' 25.08 feet to the point of beginning and
containing an area of 5.292 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, Hawai`i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 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
m
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
, Hawai `i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
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CNako aREZ.10.27.2022
SHAWN MAILE NAKOA, ESQ.
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000017)
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. The Applicant is responsible for maintaining valid water commitments to support
the proposed subdivision until such time that required water facilities charges are
paid in full.
D. Prior to issuance of Final Subdivision Approval, the Applicant shall construct
necessary water improvements, including, but not limited to, installation of a
water meter fronting each proposed parcel, meeting with the approval of the
Department of Water Supply.
E. Final Subdivision Approval for the proposed subdivision shall be secured within
five (5) years from the effective date of this ordinance.
F. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties. A drainage study, if required, shall be prepared
and the recommended drainage system shall be constructed meeting the approval
of the Department of Public Works.
G. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control of the Hawaii County Code.
H. Vehicular access to individual lots shall be prohibited from Kuakini Highway.
L All driveway connections and construction within the Pomaika`i Street Right -of -
Way shall conform to Chapter 22, County Streets, of the Hawaii County Code.
J. Access to Pomaika`i Street, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works.
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K. No structures shall be constructed within the existing 60-foot-wide road easement,
established in 1987 as part of Subdivision No. 5535, unless the applicant is able to
properly remove the easement.
L. A National Pollutant Discharge Elimination System (NPDES) permit, if required,
shall be secured from the State Department of Health before the commencement
of ground disturbing activities.
M. The Applicant shall be responsible for extending the County sewer system along
P6maika`i Street and installing a connection fronting each proposed parcel,
meeting with the approval of the Department of Environmental Management, and
prior to the issuance of Final Subdivision Approval.
N. Prior to issuance of any building permits and/or ground -disturbing activities on
the subject parcel and/or parcels created by the proposed subdivision, each
individual lot owner shall conduct an Archeological Inventory Survey (AIS) and
submit an AIS report, meeting with the approval of the State Historic Preservation
Division (SHPD). Permit issuance shall not proceed until SHPD notifies the
Planning Department that the AIS and/or other requested documentation has been
reviewed and accepted.
O. 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.
P. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements for the proposed development,
including the Fire Department, Department of Public Works, Department of
Water Supply and Department of Health.
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Q. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Deputy Planning Director upon the following
circumstances:
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 Deputy
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 Deputy Planning Director may initiate rezoning of the area to its
original or more appropriate designation.
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PS-20
PS-20 O
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PS-15
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LAALOAAV Z -10
5-15 =
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PS-1
A- a
RS-
AGRICULTURAL (A-5a) TO
PS 15 FAMILY AGRICULTURAL(FA-1a)
5.29 ACRES
R
FA-2a
R -1 R -1 �j FA-2a
-0 1
I
G RS 15
1
R -1 1 A-5a
A-5a 18,439.04'S 1
12,621.21'E G9� RS-
"KAILUA" I
A-5a 2�()
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ti9 9�a 1
1
1
PS-10
5-15
i R
I 1 I A-5a
OPEN I PM-3.5 I o
1 / I
Feet
0 700 1,400 2,100 2,800 3,500
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-6 (KAILUA-HONALU URBAN 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-5a) TO FAMILY AGRICULTURAL (FA-1a)
AT KEAUHOU, NORTH KONA, HAWAI'I
MAP PREPARED BY:
TMK: (3) 7-7-008:062 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE: March 14, 2022
Shawn Nnknn
IBIT "A" Map: