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HomeMy WebLinkAboutBIL 032 Draft 01 2004-2006 COUNTY OF HAWAI`~ STATE OF HAWAII BILL NO. _ 32 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES (A-Sa) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PUAPUA`AIKI 1ST AND PUAPUA`ANUI 1sT, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Puapua`aiki ls` and Puapua`anui ls`, North Kona, Hawaii shall be Neighborhood Commercial (CN-20): Beginning at the Northwesterly corner of this parcel of land, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO",being 792.90 North and 3,701.58 East and running by azimuths measured clockwise from True South: 1. 252° 15' S0" 25.39 feet along the middle of an ancient stonewall, being also along Lot I, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 2. 247° 49' 30" 51.21 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; -1- 3. 257° 53' 30" 70.98 feet along the middle of an ancient stonewall, being also along Lot 1, sazne being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 4. 259° 17' 10" 52.07 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Awazd 8516-B, Apana 3 to Kamaikui; 5. 253° 38' 40" 70.53 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 6. 257° 47' 15" 34.22 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Awazd 8516-B, Apana 3 to Kamaikui; 7. 240° 35' 40" 69.30 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 8. 249° 07' 20" 38.23 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 9. 252° 23' S0" 80.60 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Awazd 8516-B, Apana 3 to Kamaikui; -2- 10. 262° 55' S0" 18.49 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 11. 250° 14' 10" 39.46 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 12. 260° 20' 00" 55.26 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 13. 247° 18' 30" 25.50 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 14. 259° 48' 15" 24.04 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 15. 241° 02' 45" 13.13 feet along the middle of an ancient stonewall, being also along Lot 1, same being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to Kamaikui; 16. 334° 11' 11" 1381.9] feet along Lot 1 ofPualani Makai, being also along the remainders of Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams and Royal Patent 7819, Land Commission Award 8559-B, Apana 8 to William C. Lunalilo, (Certificate of Boundaries No. 159); -3- 17. 244° 11' 11" 100.00 feet along Lot 1 of Pualani Makai, being also along the remainder of Royal Patent 7819, Land Commission Awazd 8559-B, Apana 8 to William C. Lunalilo, (Certificate of Boundaries No. 159) and along the Westerly side of Hawaii Belt Road (F.A.P. No. 11 A-03-69); 18. 334° 11' 11" 425.10 feet along the Westerly side of Hawaii Belt Road (F.A.P. No. 11A-03-69); 19. 49° 30' 40" 36.94 feet along the middle of an old stonewall, being also along Royal Patent 4475, Land Commission Award 7713, Apana 43 to Victoria Kamamalu; 20. 64° 16' 30" 30.78 feet along the middle of an old stonewall, being also along Royal Patent 4475, Land Commission Awazd 7713, Apana 43 to Victoria Kamamalu; 21. 76° 57' 00" 33.90 feet along the middle of an old stonewall, being also along of Royal Patent 4475, Land Commission Awazd 7713, Apana 43 to Victoria Kamamalu; 22. 78° 13' 40" 95.23 feet along the middle of an old stonewall, being also along Royal Patent 4475, Land Commission Award 7713, Apana 43 to Victoria Kamamalu; 23. 58° 19' 30" 38.20 feet along the middle of an old stonewall, being also along Royal Patent 4475, Land Commission Awazd 7713, Apana 43 to Victoria Kamamalu; 24. 66° 28' 10" 25.69 feet along the middle of an old stonewall, being also along Royal Patent 4475, Land Commission Award 7713, Apana 43 to Victoria Kamamalu; -4- 25. 58° 20' 15" 12.14 feet along the middle of an old stonewall, being also along Royal Patent 4475, Land Commission Award 7713, Apana 43 to Victoria Kamaznalu; 26. 148° 23' 30" 259.96 feet along Lot 1 (Tank Site), being also along the remainder of Royal Patent 7819, Land Commission Awazd 8859-B, Apana 8 to William C. Lunalilo (Certificate of Boundaries 159); 27. 58° 23' 30" 56.33 feet along Lot 1 (Tank Site), being also along the remainder of Royal Patent 7819, Land Commission Award 8859-B, Apana 8 to William C. Lunalilo (Certificate of Boundaries 159); 28. 154° 11' 11" 369.99 feet along Lot 3 of Pualani Makai, being also along the remainder of Royal Patent 7819, Land Commission Awazd 8859-B, Apana 8 to William C. Lunalilo (Certificate of Boundaries 159); 29. 64° 11' 11" 75.00 feet along Lot 3 of Pualani Makai, being also along the remainder of Royal Patent 7819, Land Commission Award 8859-B, Apana 8 to William C. Lunalilo (Certificate of Boundaries 159); 30. 154° 11' 11" 416.00 feet along Lots 3 and 5 ofPualani Makai, being also along the remainders of Royal Patent 7819, Land Commission Award 8559-B, Apana 8 to William C. Lunalilo, (Certificate of Boundaries No. 159) and Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams; 31. 244° 11' 11" 285.00 feet along Lot 5 of Pualani Makai, being also along the remainder of Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams; -5- 32. 154° 11' 11" 98.00 feet along Lot 5 of Pualani Makai, being also along the remainder of Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams; 33. 64° 11' 11" 123.00 feet along Lot 5 ofPualani Makai, being also along the remainder of Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams; Thence, along Lot 5 of Pualani Makai, being also along the remainder of Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams on a curve to the right with a radius of 56.00 feet, the chord azimuth and distance being: 34. 94° 15' 20.5" 56.12 feet; Thence, along Lot 5 of Pualani Makai, being also along the remainder of Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams on a curve to the left with a radius of 1669.00 feet, the chord azimuth and distance being: 35. 111° 23' 00" 747.57 feet; 36. 98° 26' 30" 37.85 feet along Lot 5 of Pualani Makai, being also along the remainder of Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams; 37. 185° 25' 00" 181.16 feet along Lot 5 of Pualani Makai, being also along the remainder of Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams to the point of beginning and containing an area of 14.973 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a par[ hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: -6- (1) Necessary to prevent circumstances which maybe 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. A. The applicant, its successors or assigns shall be responsible for complying with all stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance. The applicant shall finalize the allocation of water commitments sufficient to allow the proposed development prior to Final Plan Approval. C. Construction of the proposed development shall be completed within five (5) years from the effective date this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify al] existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans -7- for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. No single commercial business may contain more than 45,000 square feet in gross floor area. E. If Department of Transportation requires an amended Traffic Impact Analysis Report (TIAR), it shall be submitted to the Department of Transportation for review and approved prior to the issuance of Final Plan Approval. All accesses, including roadway and/or intersection improvements, shall meet with the approval of the Department of Transportation. F. The applicant shall improve the intersection at the principal access on the Hawaii Belt Road at the north end of T.M.K. No. 7-5-17:1, at the Pualani Estates Subdivision Road, including, but not limited to, a deceleration and exclusive left- turn lane into T.M.K. No. 7-5-17:1. Intersection improvements shall be as required by the Department of Transportation. The applicant shall pay for the cost of upgrading the traffic signal lights at the intersection of the Hawaii Belt Road and the Pualani Estates Subdivision Road to accommodate 4-way traffic. G. The applicant, successors, or assigns shall construct aright-turn deceleration lane and aright-turn acceleration lane at the secondary entrance located south of the main intersection meeting with the approval of the State Department of Transportation, and any other improvements that may be required by the DOT. If DOT opposes the use of the second access to the commercial development, all access shall be from the northern access point. Otherwise, the southern access shall be limited to right-in, right-out movements only. -g- H. The applicant, successors, or assigns shall be subject to the "Declaration Re Road Construction" recorded with the State of Hawaii Bureau of Conveyances on June 18, 2004 (Doc No. 2004 123556) and shall improve "Easement 1" to County dedicable standards with curbs, gutter and sidewalk improvements meeting with the approval of the Department of Public Works, prior to the issuance of any certificates of occupancy for non-residential structures or prior to any final inspections for residential structures, from Kuakini Highway to Lot 1, SUB 7814 (the frontage road lot). The applicant, successors or assigns shall also complete the road connection from Easement "1" to the main project intersection, including bridging the floodway, to County dedicable standards, and from Easement "1" to the southerly project access, to County dedicable standards, prior to the issuance of a certificate of occupancy for non-residential structures or final inspection for any residential structures. I. Access to Kuakini Highway, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. An exclusive left tum lane and a right turn deceleration shall be provided on Kuakini Highway at the Easement 1 access road approach. The access shall align with the opposing entry to Kahakai Estates Subdivision. Required improvements may include, but not be limited to, pavement and shoulder widening, drainage improvements and relocation of utilities. A system of drywells shall be installed to address existing local drainage on the mauka side of Kuakini Highway flowing to the proposed access approach. J. The applicant, successors, or assigns shall provide an easement to the property to the north (TMK: 7-5-17: 2) to permit that property to access the main project intersection. The easement shall have a minimum width of 60-feet, and be in a location meeting with the approval of the Department of Public Works. -9- K. All roadways within the proposed development shall be improved County dedicable standards with curbs, gutter and sidewalk improvements meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy. The applicant shall provide necessary easements for road and drainage improvements in favor of T.M.K. No. 7-5-17:19 so that the property can be developed independently of T.M.K. No. 7-5-17: 1. L. Install streetlights, signs and markings meeting with the approval of the Department of Public Works. M. A drainage study shall be prepared and submitted for review and approval to the Department of Public Works. The drainage study shall be submitted to Federal Emergency Management Agency (FEMA) and a letter of map revision (LOMR) or a Physical Map Revision (PMR) shall be obtained before any development, other than the work approved under the CLOMR. The applicant shall construct all necessary drainage improvements including the flood channel. N. The proposed flood channel shall be maintained in private ownership and a maintenance program for the channel shall be submitted to the Department of Public Works for their review and approval. O. There shall be no construction of dwellings and related improvements or other substantial buildings within areas designated "AE" or "shaded" Zone "X" by Flood Insurance Rate Maps (FIRM) as amended by any applicable LOMR. Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots maybe created which lack a buildable area. This restriction maybe removed by amendment of this ordinance by the County Council. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and -10- approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. P. 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. Q. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. R. The applicant shall perform an engineering study to determine if the sewer line has adequate capacity to handle the proposed flows, and shall upgrade the sewer line if necessary. Sewer lines shall be installed within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. S. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. T. A Data Recovery Plan and an Archaeological Preservation and Burial Treatment Plan shall be submitted for the review and approval of the Planning Director, in consultation with the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD). Proposed mitigation treatment for the burial sites within the subject property shall be approved by the SHPD's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. -11- A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits, whichever occurs first. U. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. V. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of 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 $6,206.06 per multiple family residential unit ($9,671.44 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: _12_ 1. $3,061.27 per multiple family residential unit ($4,663.74 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $96.75 per multiple family residential unit ($224.98 per single family residential unit) to the County to support police facilities; 3. $297.62 per multiple family residential unit ($444.36 per single family residential unit) to the County to support fire facilities; 4. $132.65 per multiple family residential unit ($194.55 per single family residential unit) to the County to support solid waste Facilities; and 5. $2,617.77 per multiple family residential unit ($4,143.81 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to pazks 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. Improvements to the drainage as it crosses under Kuakini Highway maybe credited against the road fair shaze. W. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -13- X. The project shall include housing. At least 50 residential units shall be under actual construction, with completion assured by security approved by the Planning Director, before the issuance of a certificate of occupancy for any commercial structures. An additional 50 units shall be constructed if all the commercial uses exceed 60,000 square feet of gross floor area. The additional units shall be under actual construction, with completion assured by security approved by the Planning Director, before the issuance of a certificate of occupancy for commercial structures exceeding a cumulative total of 60,000 square Feet of gross floor area on the project site. Y. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval or final plan approval, whichever occurs first. The housing requirement shall be met by the provision of affordable housing onsite, and not by use of any affordable housing credits generated offsite or by any in-lieu fees. Z. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. AA. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. -14- 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 shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. BB. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -15- SECTION 4. This ordinance shall take eflect uE~on its approval. 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RS-col R~- , RM-7 i _ 3 ' ~ _ I III ~ ~ 1 - i ~ - ~ _~y ~ i ~~h dr~~1 It ~ . ~ o ~ ~ K~m~lo gt-' ~ ~ ~ ~ J ~ I, - a 3~ 3-- ~ 113i-~~ I - I i - ~ -y ~ ~ V'~ RS i ' _ i ~I l I I f_ - - ! -T.- oY - 1 ! 1R~1 ~1 ~ ~i _ i I_ _ a-sa ~Piu e i ' I ~ ~ RS-f0 l i l I IR - I RM-4 i A ba - - - ~ RM- ~.5~ RM-2 - ~ S I~: CV-7.5 CV-7.5 ~ i IRS-7.5 ~ .1 0)0 435 0 8]0 1]40 2610 3400 434~ee1 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PUAPUA'AIKI 1st AND PUAPUA'ANUI 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-5-017:001 Date: September 24, 2004 EXHIBIT ~~A'~ (Puaa Development, LLC:1146)