HomeMy WebLinkAboutCOM 0485.009 2012-2014 BRENDA J. FORD �''`Y' `"''r;
Council Member • �,,.�'�''F= Phone: (808) 323-4277
District 6 - Portion of N. Kona, &
• Fax (808) 329- 4786
South Kona, Ka`u, & the Greater
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E o:N►�'' ' E-Mail: bford@co.hawaii.hi.us
Volcano Area @
HAWAII COUNTY COUNCIL
County of Hawaii
West Hawaii Civic Center
74-5044 Ane Keohokalole Hwy. -= r�
Kailua-Kona, Hawaii 96740
DATE: January 23, 2014 -'
TO: J Yoshimoto, Chairperson, -
And Members of the Hawai`i County Council
FROM: Crenda J. Ford, Council Member
SUBJECT: Proposed Amendments to Bill No. 144; An Ordinance Amending Section 25-8-3
(North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition, as Amended) By Changing the District
Classification From Agricultural—Five Acres (A-5a) to Single-Family
Residential— 15,000 Square Feet(RD-15) at Kahuluu 2°d, North Kona, Hawaii,
Covered by Tax Map Key: 7-5-017:043.
Please find attached proposed amendments to Bill No. 144. The proposed amendments are
illustrated below by Ramseyer format (material to be deleted is bracketed and stricken through;
material to be added is underscored; all bolded for emphasis only).
1. Condition "C" is amended to read as follows:
"C. Final Subdivision Approval for the proposed development shall be secured
from the Planning Director within five (5) years from the effective date of
this ordinance. Final Subdivision Approval for the project shall be subject
to the completion or performance bonding as a surety by the applicant
for completion and connection of the following dedicable Minor [meet
. . • . • •
r or Ordinance N„ ,0 02,1 Streets, including curbs, gutters, sidewalks,
and street lighting, as required by the Department of Public Works:
The construction and connection of the unnamed interior
Comm. No. gS' 9
Serving the Interests of the People of Our Island Ref.To: Pc-
Ref. Dote JAN 2 4 2014
Hawai`i County Is An Equal Opportunity Provider And Employer
January 23, 2014
Page 2 of 5
stubout on the north side of parcel TMK: 7-5-017:043 to
Hualalai Road including the intersection on Hualalai Road and
any street lighting or traffic signal lights as required by the
Department of Public Works; and
01 The construction of a stub-out street on the south side of this
parcel that will eventually connect to Pualena Street through
the parcel identified as TMK:7-5-017:022; and
01 The construction and connection of any unnamed street(s)
from the stub-out that intersects with Hualalai Road to the
stub-out of Pualani Street to TMK: 7-5-017:022 and to the
southern makai boundary of parcel identified as TMK: 7-5-
017:042.
The performance bond shall cover the cost of all streets, stub-outs,
intersections, curbs, gutters, sidewalks, street lights, and traffic signal lights
interior to the subdivision and along the improved portions of Hualalai
Road, including the intersection of this parcel to Hualalai Road as required
by the Director of Public Works, until all streets, curbs, gutters, sidewalks,
intersections, and street lighting are dedicated to the County.
The performance bond amount shall start at 110% of the estimated cost
of all interior roads and intersections, curbs, gutters, sidewalks, and street
lights in the proposed development, including the improved portion of
Hualalai Road and its intersection with the proposed development. The
premiums for the bond, bond issuance costs, and escalation costs are the
responsibility of the applicant and shall not run with the land. As long as the
proposed development is not 100% completed and dedicated to the County,
the bond and its escalation costs shall be paid for by the applicant.
Escalation is an allowance to provide for the anticipated increase in costs
during construction or during the time period between the approval of this
ordinance and the completion of 100% of the construction and dedication of
those roads to the County. An annual escalation cost shall be added to the
bond amount based on the current road and infrastructure construction
January 23, 2014
Page 3 of 5
costs as described by road construction industry standards and acceptable to
the Department of Public Works plus an additional 10% of the escalation
amount annually to account for the higher costs in Hawaii.
There shall be a legal document for a personal guarantee signed by the
applicant to support the performance bond.
The applicant shall be liable for all legal fees and costs required to
enforce the performance bond or the personal guarantee."
2. Condition"G" is amended to read as follows:
"G. The applicant shall construct [a connector road] connector roads within the
project between the proposed stubout to Pualena Street Extension and the
stubout to Hualalai Road and the proposed stubout on the south side of the
property that shall connect to the parcel identified as TMK:7-5-017:022.
These connector roads [which] shall be constructed to "Minor Street" dedicable
standards and dedicated to the County at no cost. Concrete [cu-rb3] curbs, gutters=
[and] sidewalks, and street lights installed on the interior of the subdivision
and all intersections including Hualalai Road shall be provided in areas of
pedestrian traffic in conformance with adjoining development and the Department
of Public Works' policy. No security gate shall be installed on any roadway of or
entrance to this project. The developer, the homeowner, and/or the homeowner's
association shall be responsible for any landscaping within the right-of-way,
meeting with the approval of the Department of Public Works, and shall provide
repair to any public facility damaged by landscaping."
3. Condition "L" is amended to read as follows:
"L. A drainage study that shall be designed as a 100-year flood control system to
include addressing off-site drainage entering and exiting parcel TMK:7-5-
017:043 shall be prepared by a licensed civil engineer and submitted for approval
by the Department of Public Works. The recommended drainage improvements
January 23, 2014
Page 4 of 5
shall be constructed, meeting with the approval of the Department of Public
Works=prior to Final Subdivision Approval."
4. Inserting a new Condition "R" to read as follows:
"R. The maximum number of lots in the proposed subdivision shall be forty lots.
Thirty-three of the forty lots shall be a minimum of 15,000 square feet each.
Seven of the forty lots shall meet the criteria for affordable lots and dwelling
units as provided in Condition S. A Planned Unit Development shall not be
allowed for this subdivision if it is designed to reduce the required square
footage per lot for any lot within the subdivision."
5. Amending new Condition "S"to read as follows:
"[R] S. 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 Subdivision
Approval. Requirements for affordable lots and dwelling units shall be:
LU Seven lots in this subdivision shall be designed as affordable lots
with a minimum of 5,000 square feet per lot.
j These seven lots shall only be used to build affordable for-sale
dwelling units to qualified households as defined in Chapter 11 of
the Hawaii County Code and shall be affordable to families earning
between 81% to 100% of the income for a qualified household per
Chapter 11 of the Hawaii County Code.
The minimum square footage for the affordable for-sale dwelling
units shall be 960 square feet and each dwelling unit shall contain a
minimum of three bedrooms and two bathrooms.
01 These seven lots shall be clustered in the center-interior of the
subdivision away from Hualalai Road, away from the southern
January 23, 2014
Page 5 of 5
boundary of this parcel near Pualani Estates subdivision, and makai
of the most makai road (forty-six foot right-of-way) in the
subdivision.
All other infrastructure available to the lots in the subdivision shall
be provided to these seven lots including connections to the sewer
system."
6. All subsequent conditions are re-lettered accordingly.
A draft copy of Bill No. 144, Draft 2, is attached with these proposed amendments incorporated
therein.
BJF/la
att.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—FIVE ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL— 15,000
SQUARE FEET (RS-15) AT KAHULUI 2ND, NORTH KONA, HAWAI`I, COVERED BY
TAX MAP KEY: 7-5-017:043.
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 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 Kahului 2nd, North
Kona, Hawai`i, shall be Single-Family Residential— 15,000 square feet (RS-15):
Beginning at the Southwesterly corner of this parcel of land, being also the
Southeasterly corner of Lot D,the Northeasterly corner of Lot 131 of Pualani Estates
subdivision and a point on the Northwesterly side of Royal Patent 6716 Land
Commission Award 4887, Apana 2 to Thomas Sams the coordinates of said point of
beginning referred to Government Survey Triangulation Station"KAHELO"being
1,894.92 feet North, 6,654.29 feet East and running by azimuths measured clockwise
from True South:
Thence, along Lot D, and the remainder of Royal Patent 1669, Land Commission Award
8516-B, Apana 3 to Kamaikui:
1. 158° 16' 12" 715.98 feet to a point;
Thence, for the next two (2) courses following along the Southerly side of Hualalai Road:
2. 250° 07' 30" 24.88 feet to a point;
3. 258° 39' 30" 35.12 feet to a point;
Thence along Lot 1:
4. 252° 53' 25" 141.12 feet to a point;
Thence along Lot 1; along the middle of a stonewall and along Grant 983 to Kipola:
5. 256° 21' 32" 281.08 feet to a point;
Thence, for the next two (2) courses along Lot 1 and the remainder of Royal Patent 1669
Land Commission Award 8516-B Apana 3 to Kamaikui:
6. 347° 08' 00" 126.74 feet to a point;
7. 257° 08' 00" 184.67 feet to a point;
Thence, for the next twenty eight(28) courses following along the Southerly side of
Hualalai Road:
8. 306° 24' 30" 14.19 feet to a point;
9. 300° 46' 30" 34.99 feet to a point;
10. 297° 35' 30" 64.03 feet to a point;
11. 300° 44' 30" 34.78 feet to a point;
12. 307° 05' 30" 41.37 feet to a point;
13. 302° 23' 30" 38.59 feet to a point;
14. 303° 03' 00" 22.82 feet to a point;
15. 290° 19' 00" 20.64 feet to a point;
16. 279° 35' 30" 23.87 feet to a point;
17. 273° 18' 30" 25.35 feet to a point;
18. 264° 35' 30" 92.14 feet to a point;
19. 268° 18' 00" 54.95 feet to a point;
20. 274° 07' 00" 37.18 feet to a point;
21. 278° 01' 30" 51.30 feet to a point;
22. 295° 14' 30" 22.05 feet to a point;
23. 308° 19' 30" 20.69 feet to a point;
24. 325° 39' 30" 20.68 feet to a point;
25. 334° 17' 30" 21.48 feet to a point;
26. 336° 02' 30" 33.82 feet to a point;
27. 340° 24' 30" 67.33 feet to a point;
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28. 334° 52' 00" 6.52 feet to a point;
29. 341° 39' 30" 26.14 feet to a point;
30. 347° 00' 30" 72.51 feet to a point;
31. 350° 18' 30" 18.90 feet to a point;
32. 345° 48' 30" 19.77 feet to a point;
33. 329° 30' 30" 15.17 feet to a point;
34. 307° 10' 30" 42.94 feet to a point;
35. 316° 36' 30" 11.53 feet to a point;
Thence for the next nineteen (19) courses along the middle of stonewall; along Royal
Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams:
36. 72° 44' 30" 66.50 feet to a point;
37. 74° 32' 20" 77.76 feet to a point;
38. 87° 49' 10" 36.53 feet to a point;
39. 70° 17' 20" 80.56 feet to a point;
40. 80° 42' 40" 38.66 feet to a point;
41. 77° 56' 10" 30.09 feet to a point;
42. 85° 08' 40" 56.81 feet to a point;
43. 95° 30' 20" 32.20 feet to a point;
44. 83° 15' 10" 37.88 feet to a point;
45. 93° 22' 50" 40.53 feet to a point;
46. 78° 31' 30" 30.97 feet to a point;
47. 67° 43' 30" 25.01 feet to a point;
48. 83° 04' 15" 75.51 feet to a point;
49. 76° 43' 50" 56.82 feet to a point;
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50. 79° 32' 10" 85.53 feet to a point;
51. 70° 31' 50" 49.92 feet to a point;
52. 81° 42' 30" 63.08 feet to a point;
53. 77° 02' 50" 54.92 feet to a point;
54. 76° 18' 30" 192.73 feet to a point of beginning and containing
an area of 14.968 Acres, more or less.
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
(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, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
B. The applicant shall comply with the amended Waiaha Water System Water
Development Agreement executed with the Water Board, or shall otherwise
obtain the issuance of the necessary water commitment for the proposed project
from the Department of Water Supply, prior to the submittal of a subdivision
application to the Planning Department for the proposed project.
C. Final Subdivision Approval for the proposed development shall be secured from
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the Planning Director within five (5) years from the effective date of this
ordinance. Final Subdivision Approval for the project shall be subject to the
completion or performance bonding as a surety by the applicant for completion
and connection of the following dedicable Minor Streets, including curbs, gutters,
sidewalks, and street lighting, as required by the Department of Public Works:
(1) The construction and connection of the unnamed interior stubout on the
north side of parcel TMK: 7-5-017:043 to Hualalai Road including the
intersection on Hualalai Road and any street lighting or traffic signal lights
as required by the Department of Public Works; and
(2) The construction of a stub-out street on the south side of this parcel that
will eventually connect to Pualena Street through the parcel identified as
TMK:7-5-017:022; and
(3) The construction and connection of any unnamed street(s) from the stub-
out that intersects with Hualalai Road to the stub-out of Pualani Street to
TMK: 7-5-017:022 and to the southern makai boundary of parcel
identified as TMK: 7-5-017:042.
The performance bond shall cover the cost of all streets, stub-outs,
intersections, curbs, gutters, sidewalks, street lights, and traffic signal lights
interior to the subdivision and along the improved portions of Hualalai Road,
including the intersection of this parcel to Hualalai Road as required by the
Director of Public Works, until all streets, curbs, gutters, sidewalks, intersections,
and street lighting are dedicated to the County.
The performance bond amount shall start at 110% of the estimated cost of all
interior roads and intersections, curbs, gutters, sidewalks, and street lights in the
proposed development, including the improved portion of Hualalai Road and its
intersection with the proposed development. The premiums for the bond, bond
issuance costs, and escalation costs are the responsibility of the applicant and
shall not run with the land. As long as the proposed development is not 100%
completed and dedicated to the County, the bond and its escalation costs shall be
paid for by the applicant.
Escalation is an allowance to provide for the anticipated increase in costs
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during construction or during the time period between the approval of this
ordinance and the completion of 100% of the construction and dedication of those
roads to the County. An annual escalation cost shall be added to the bond amount
based on the current road and infrastructure construction costs as described by
road construction industry standards and acceptable to the Department of Public
Works plus an additional 10% of the escalation amount annually to account for
the higher costs in Hawai`i.
There shall be a legal document for a personal guarantee signed by the
applicant to support the performance bond.
The applicant shall be liable for all legal fees and costs required to enforce
the performance bond or the personal guarantee.
D. Restrictive covenants in the deeds of all proposed lots within the property shall
give notice that the terms of the zoning ordinance prohibit the construction of a
second dwelling unit and condominium property regimes on each lot. This
restriction may be removed by amendment of this ordinance by the County
Council. The owner of the property may also, in addition, impose private
covenants restricting the number of dwellings. A copy of the proposed
covenant(s) to be recorded with the State Bureau of Conveyances shall be
submitted to the Planning Director for review and 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.
E. Roadway connections to adjoining TMK: 7-5-17: 42 shall be provided as required
under Condition H of Ordinance No. 10-2.
F. Access to Hualalai Road, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works. Vehicular
access from Hualalai Road to individual lots shall be prohibited.
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G. The applicant shall construct connector roads within the project between the
proposed stubout to Pualena Street Extension and the stubout to Hualalai Road
and the proposed stubout on the south side of the property that shall connect to the
parcel identified as TMK:7-5-017:022. These connector roads shall be
constructed to "Minor Street" dedicable standards and dedicated to the County at
no cost. Concrete curbs, gutters, sidewalks, and street lights installed on the
interior of the subdivision and all intersections including Hualalai Road shall be
provided in areas of pedestrian traffic in conformance with adjoining development
and the Department of Public Works' policy. No security gate shall be installed
on any roadway of or entrance to this project. The developer, the homeowner,
and/or the homeowner's association shall be responsible for any landscaping
within the right-of-way, meeting with the approval of the Department of Public
Works, and shall provide repair to any public facility damaged by landscaping.
H. The applicant shall realign the right-of-way boundary along the subject property
frontage of Hualalai Road to an alignment meeting with the approval of the
Department of Public Works and dedicate any additional right-of-way to the
County, between the existing subject property right-of-way boundary and the
subject property-side of the realigned 50-foot wide right-of-way. An additional
5-foot wide future road widening setback easement shall be provided along the
property frontage and dedicated to the County upon request, at no cost to the
County. A sight distance easement shall be provided and maintained to address
the sight distance limitation at the intersection of Hualalai Road with Hienaloli-
Kahului Road.
The applicant shall provide improvements to Hualalai Road along the entire
frontage of Parcel 43 and transitions consisting of, but not limited to, grading,
pavement and roadside widening, resurfacing, drainage improvements, and any
relocation of utilities, meeting with the approval of the Department of Public
Works. The applicant shall pay its fair share of the cost of improvements to the
south half of Hualalai Road fronting Parcels 11 and 30 prior to Final Subdivision
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Approval, provided, however, that this fair share cost shall not exceed $83,000.
J. Install street lights, signs and markings on Hualalai Road, meeting with the
approval of the Department of Public Works, Traffic Division.
K. All development-generated runoff shall be disposed of on-site and not be directed
toward any adjacent properties.
L. A drainage study that shall be designed as a 100-year flood control system to
include addressing off-site drainage entering and exiting parcel TMK:7-5-017:043
shall be prepared by a licensed civil engineer and submitted for approval by the
Department of Public Works. The recommended drainage improvements shall be
constructed, meeting with the approval of the Department of Public Works prior
to Final Subdivision Approval.
M. The development shall connect to the County sewer system, meeting with the
approval of the Department of Environmental Management.
N. During construction, measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the State of Hawai`i.
0. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawai`i County Code.
P. Comply with Chapter 11-55, Water Pollution Control, Hawai`i Administrative
Rules, Department of Health, which requires a NPDES permit for certain
construction activity.
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Q. Should any undiscovered 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-Historic Preservation Division (DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it finds that sufficient mitigation measures have been
taken.
R. The maximum number of lots in the proposed subdivision shall be forty lots.
Thirty-three of the forty lots shall be a minimum of 15,000 square feet each.
Seven of the forty lots shall meet the criteria for affordable lots and dwelling units
as provided in Condition S. A Planned Unit Development shall not be allowed
for this subdivision if it is designed to reduce the required square footage per lot
for any lot within the subdivision.
S. 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 Subdivision Approval. Requirements for
affordable lots and dwelling units shall be:
(1) Seven lots in this subdivision shall be designed as affordable lots with a
minimum of 5,000 square feet per lot.
(2) These seven lots shall only be used to build affordable for-sale dwelling
units to qualified households as defined in Chapter 11 of the Hawai`i
County Code and shall be affordable to families earning between 81% to
100% of the income for a qualified household per Chapter 11 of the Hawai`i
County Code.
(3) The minimum square footage for the affordable for-sale dwelling units shall
be 960 square feet and each dwelling unit shall contain a minimum of three
bedrooms and two bathrooms.
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(4) These seven lots shall be clustered in the center-interior of the subdivision
away from Hualalai Road, away from the southern boundary of this parcel
near Pualani Estates subdivision, and makai of the most makai road (forty-
six foot right-of-way) in the subdivision.
All other infrastructure available to the lots in the subdivision shall be
provided to these seven lots including connections to the sewer system.
T. 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 be
initially based on the representations contained within the change of zone
application and may be increased or reduced proportionally if the lot counts are
adjusted. 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 a maximum density for each lot as determined by the zoning
resulting from this change of zone. 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 the amendment to the ordinance, based on the
percentage change in the Honolulu Consumer Price Index (HCPI). The fair share
contribution shall have a maximum combined value of$13,081.99 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 single-family residential unit shall
be allocated as follows:
• $6,308.37 per single-family residential unit to the County to support park and
recreational improvements and facilities;
• $304.32 per single-family residential unit to the County to support police
facilities;
• $601.06 per single-family residential unit to the County to support fire facilities;
10
• $263.15 per single-family residential unit to the County to support solid waste
facilities;
• $5,605.09 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. The applicant may receive a credit against the fair share
contribution required for the road and traffic improvements in the amount of the
costs of land and construction of the improvements to Hualalai Road described in
Conditions H and I respectively herein.
U. 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.
V. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
W. 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, successors or assigns,
and that are not the result of their fault or negligence.
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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(s) should require an additional extension of time, the
Planning Department 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 Planning Director may initiate rezoning of the property 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.
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