HomeMy WebLinkAboutBIL 300 Draft 02 2008-2010 �; OiN�
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 300
ORDINANCE NO. (DRAFT 2 )
AN ORDINANCE AMENDING SECTION 25 -8 -4 (SOUTH KONA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY
RESIDENTIAL — 15,000 SQUARE FEET (RS -15) TO NEIGHBORHOOD COMMERCIAL —
20,000 SQUARE FEET (CN -20) AT HALEKI`I AND KANAUEUE, SOUTH KONA,
HAWAII, COVERED BY TAX MAP KEY 8 -1- 025:011.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -4, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Haleki`i and Kanaueue,
South Kona, Hawai`i, shall be Neighborhood Commercial — 20,000 square feet (CN -20):
Beginning at the southeast corner of this parcel of land, being also the southwest
corner of Lot "A" (portion of L.C. Aw. 387, Part 4, Section 2 to the American Board of
Commissioners for Foreign Missions), the coordinates of said point of beginning referred
to Government Survey Triangulation Station "PUU OHAU" being 2373.56 feet North
and 12341.73 feet East and running by azimuths measured clockwise from True South:
1. 94° 33' 30" 156.86 feet along the remainder of a portion of L.C.
Aw. 387, Part 4, Section 2 to the American
Board of Commissioners for Foreign
Missions;
2. 99° 30' 45.00 feet along Lot 14 (portion of L.C. Aw. 387,
Part 4, Section 2 to the American Board of
Commissioners for Foreign Missions);
3. 95° 28' 95.79 feet along same;
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4. 90° 19' 30" 17.60 feet along same;
5. 84° 05' 30" 298.35 feet along the remainder of a portion of L.C.
Aw. 387, Part 4, Section 2 to the American
Board of Commissioners for Foreign
Missions;
6. 181° 00' 291.51 feet along Lot 1 (portion of L.C. Aw. 387,
Part 4, Section 2 to the American Board of
Commissioners for Foreign Missions);
7. 272 °' 55' 19.66 feet along Kona Hospital Site;
8. 266° 55' 52.00 feet along Kona Hospital Site;
9. 274° 26' 39.00 feet along Kona Hospital Site;
10. 269° 02' 169.00 feet along Kona Hospital Site;
11. 265° 15' 42.00 feet along Kona Hospital Site;
12. 272° 00' 105.00 feet along Kona Hospital Site;
13. 270° 25' 54.87 feet along Kona Hospital Site;
14. 270° 24' 30" 66.44 feet along Kona Hospital Site;
15. 348° 44' 296.15 feet along Lot "A" (portion of L.C. Aw. 387,
Part 4, Section 2 to the American Board of
Commissioners for Foreign Missions) to the
point of beginning and containing an area of
3.671 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 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
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(1) 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(s), successors or assigns shall be responsible for complying with all
of the 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 180 days from the effective date of this ordinance.
C. Construction of the proposed development shall be completed within five (5)
years from the effective date of 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), Hawai`i County Code. Plans shall identify all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. As represented by the applicant, the project shall
follow the design criteria or guidelines for Leadership in Energy and
Environmental Design (LEED) - Silver. Landscaping shall be indicated on the
plans 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) and Chapter 25 (Zoning Code), Hawai`i
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County Code. Landscaping, walls, or fencing, or a combination thereof, shall be
incorporated along the southern and makai perimeter of the project site, as
required, to: 1) ensure that night light, sound, and dust from the hospital and
applicant's building are contained; 2) reduce the chance of flooding; and 3)
prevent the neighbor's property from being used as an access to other businesses
from the applicant's property. If chain link fencing is used as perimeter fencing, it
shall be a minimum of six -feet high and shall be screened at least on the
neighbors' sides by vegetation, such as Malay dwarf bamboo, which grows to 20
feet high, or other plants with similar growth pattern.
D. Prior to submittal of plans for Plan Approval, the applicant, its successors or
assigns shall secure by public meeting the input of the Kealakekua community,
particularly those within the Keala Plantation Estates, regarding the placement of
all proposed structures, wastewater system, parking areas including those
buildings with parking spaces underneath them, landscaping plans, which shall
conceptually incorporate the majority of eucalyptus trees located at the
southwestern corner of the subject site, subject to access to buildings and parking
areas and reasonable safety considerations for the applicant's and adjoining
properties and removal of any other trees creating potential safety issues for the
applicant or the neighbors; fence and /or barriers between the subject property and
adjacent properties; drainage; and construction mitigation. A report of this
meeting shall be submitted in conjunction with the Plan Approval application.
E. All construction activity involving the use of heavy equipment or machinery
related to the development of the project and any structures thereon shall be
prohibited on Sundays, provided further that no construction activity shall occur
on any day before 7:00 a.m. and after 5:00 p.m.
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F. Access to the subject property shall be from a 30 -foot wide easement from
Haukapila Street, as identified in Document No. 77- 109267 by the Bureau of
Conveyances.
G. A traffic signal at the intersection of Mamalahoa Highway and Haukapila Street
with appropriate synchronization with the traffic signal lights at the intersection of
Mamalahoa Highway and Haleki`i Street, and improvements to the
Mamalahoa/Haukapila intersection as recommended by the Department of Public
Works shall be installed. The traffic signal light and intersection improvements
shall be completed prior to the issuance of a Certificate of Occupancy for the
proposed project, provided that in no event shall a Certificate of Occupancy for
any portion of the project be issued within three years from the effective date of
this ordinance. Furthermore, the applicant shall cooperate with appropriate
governmental agencies and, if deemed necessary by said agencies, contribute its
pro rata share of improvements to Haukapila Street, if required.
H. All development - generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties. A drainage study, including proposed on-
site drainage improvements which may include pervious or porous asphalt, shall
be prepared by a licensed civil engineer and submitted to the Department of
Public Works prior to issuance of Final Plan Approval. To reduce storm water
passing through the subject property, the proposed on -site, sub - area(s) drainage
improvements shall have a capacity equal to or greater than 120% of the
calculated on -site development generated runoff Any recommended drainage
improvements, if required, shall be constructed meeting with the approval of the
Department of Public Works prior to receipt of a Certificate of Occupancy.
I. The project shall install a wastewater system meeting with the approval of the
Department of Health prior to issuance of a Certificate of Occupancy. The project
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shall install a wastewater system meeting with the approval of the Department of
Health prior to issuance of a Certificate of Occupancy. As represented by the
applicant, instead of a singular septic system, the project shall be serviced with
multiple septic systems or any equivalent system(s) meeting with the approval of
the Department of Health.
J. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to issuance of Final
Plan Approval.
K. If the applicant(s), successor(s), or assign(s) develops residential units on the
subject property, the applicant(s) shall make its (their) 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 may be adjusted annually beginning three years after
the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a
combined value of $7,738.48 per multiple family residential unit ($12,059.55 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 unit) shall be allocated as follows:
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1. $3,817.17 per multiple family residential unit ($5,815.33 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $120.64 per multiple family residential unit ($280.53 per single family
residential unit) to the County to support police facilities;
3. $371.11 per multiple family residential unit ($554.09 per single family
residential unit) to the County to support fire facilities;
4. $165.40 per multiple family residential unit ($242.59 per single family
residential unit) to the County to support solid waste facilities; and
5. $3,264.15 per multiple family residential unit ($5,167.02 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and /or construct improvements /facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
L. 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.
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M. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Plan Approval.
N. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR -HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
O. The applicant(s) shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant(s), 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.
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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(s) should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the 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.
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:
REFERENCE: Comm. 943.7 ,
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -4 (SOUTH KONA ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE - FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS -15)
TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20)
AT HALEKI`I AND KANAUEUE, SOUTH KONA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: (3)8 -1- 025:011 DATE: Apr. 20, 2010
EXHIBIT "A" (,., rr.. `1143 MEN Real Estate Investment, .
Map 1295 Inc
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