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HomeMy WebLinkAboutBIL 187 Draft 04 2024-2026 •�Nivos�i COUNTY OF HAWAI`I •_4`e!t:* STATE OF HAWAI`I BILL NO. 187 ORDINANCE NO. (DRIFT 4) AN ORDINANCE AMENDING SECTION 25-8-14 (WAIKOLOA VILLAGE DISTRICT ZONE MAP),ARTICLE 8,CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE (2016 EDITION,AS AMENDED),BY CHANGING THE DISTRICT CLASSIFICATION FROM RESIDENTIAL AND AGRICULTURAL—1 ACRE (RA-1A) AND OPEN(0)TO MULTIPLE-FAMILY RESIDENTIAL—1,500 SQUARE FEET(RM- 1.5),FAMILY AGRICULTURAL—1 ACRE (FA-1A),AGRICULTURAL—10 ACRES (A-10A),AND OPEN (0)AT WAIKOLOA,SOUTH KOHALA,HAWAI`I, COVERED BY A PORTION OF TAX MAP KEY NO. (3)6-8-002:016. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Chapter 25,Article 8, Section 25-8-14, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by changing the district classification of the land situated at Waikoloa, South Kohala,Hawai`i, as more particularly depicted on Exhibit A and described in Exhibit B,both of which are attached hereto and made a part hereof,from Residential and Agricultural— 1 acre (RA-1)and Open(0)to Multiple-Family Residential— 1,500 square feet (RM-1.5),Family Agricultural— 1 acre(FA-1a),Agricultural— 10 acres (A-I0a), and Open(0). SECTION 2. In accordance with Chapter 25,Article 2, Section 25-2-44, of the Hawai`i County Code 1983 (2016 Edition, as amended),the County Council finds that 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. A. The applicant, its successors or assigns, (hereinafter the"Applicant") shall be responsible for complying with all stated conditions of approval. B. Prior to issuance of a Certificate of Occupancy for any development within the RM-1.5- zoned portion of the subject property or Final Subdivision Approval for any other portion of the property,the Applicant shall secure necessary potable water units from West Hawai`i Water Company through the execution of an extension agreement and payment of a Contribution in Aid of Construction fee and meeting with the standards of the appropriate governmental agencies prior to issuance of Final Plan Approval or Final Subdivision Approval for each phase of the development. The Applicant shall incorporate water conservation and efficiency as a fundamental component of the project design and operation.Prior to Final Plan Approval or Final Subdivision Approval for each applicable phase,the Applicant shall submit a Water Conservation Plan for review and approval by the Planning Director, in consultation with the Department of Water Supply and the applicable water service provider. The Water Conservation Plan shall identify the projected potable water demand for the applicable phase,the conservation measures to be incorporated,the methodology used to establish projected water demand, and the estimated reduction in potable water demand resulting from those measures.The plan shall include, as applicable,water-efficient plumbing fixtures and appliances; leak detection and water-loss prevention measures; water-efficient landscaping and irrigation; drought-tolerant and native plantings;and the use of alternative or non-potable water sources where feasible and permitted. Residential development shall be designed to reduce projected potable water use by at least thirty percent compared with typical new residential construction,which is consistent with the thirty-percent water-efficiency benchmark established by the U.S. Environmental Protection Agency's WaterSense® Specification for Homes,Version 2.0. Official WaterSense®certification shall not be required. -2- r For agricultural uses, common areas, landscaping,and other nonresidential water uses, the Applicant shall incorporate reasonable measures to minimize the use of potable water and maximize water efficiency, including the use of alternative or non-potable water sources where feasible and permitted. The Applicant shall implement the approved Water Conservation Plan concurrently with development of each applicable phase.The requirements of this condition shall be binding upon the Applicant and its successors and assigns, including any homeowners' association,owners'association, or other entity responsible for the operation or maintenance of applicable water conservation measures within the development. C. Prior to issuance of a Certificate of Occupancy for any development within the RM-1.5- zoned portion or Final Subdivision Approval for any other portion,the Applicant shall: 1. Submit construction plans for review and approval by the Department of Water Supply; 2. Provide a water system designed to deliver water at adequate pressure and volume under peak-flow and fire-flow conditions in accordance with the prevailing Water System Standards, State of Hawai`i, and the Rules and Regulations of the Department of Water Supply.The water system shall include but not be limited to the installation of necessary distribution pipeline, fire hydrants, and service laterals; and 3. Pay required fees to cover costs of plan review,testing, and inspection by the Department of Water Supply. The design of the water system shall be consistent with the approved Water Conservation Plan and,where applicable, shall incorporate infrastructure necessary to implement said Plan pursuant to Condition B, subject to the requirements and approval of the appropriate governmental agencies and water service provider. D. Construction of Phase 1 of the proposed development or other development or use as permitted by the property's zoning district classification, shall commence no later than seven years from the effective date of this ordinance and be completed within five years -3 - thereafter.Prior to construction,the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70 of the Hawai`i County Code.Plans shall identify all existing and proposed structures,paved driveway access, and parking stalls associated with the proposed development. 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 and Chapter 25 of the Hawai`i County Code.Final Subdivision Approval for the remaining phases of the proposed development or other development or use as permitted by the property's zoning district classification, shall be issued no later than 22 years after the effective date of this ordinance.The time during which required plans,reports, studies, or relevant permit applications are under review for approvals by government agencies shall not count towards the deadline established in the ordinance.To justify this tolling,the Applicant shall provide evidence of the excluded time period to the Planning Department for its review and approval,which shall consist of dates obtained from a government agency website,permitting program,or office indicating when the required plans, reports, studies, or permit applications were submitted, approved, denied,or returned by the government agency.Any request for tolling shall be verified and approved in writing by the director prior to the deadline established by the ordinance.The director shall notify the council of any approval of a request for tolling within thirty days of such approval. E. Prior to issuance of Final Plan Approval or Final Subdivision approval for each phase of development,the Applicant shall submit an updated Traffic Impact Analysis Report (hereinafter"TIAR")to the Department of Public Works in consultation with the Police Department and to the State Department of Transportation for review and approval.Each updated TIAR shall evaluate existing traffic conditions and projected traffic impacts associated with the proposed phase, cumulative project buildout,and other approved or foreseeable development within the project vicinity.The TIAR shall assess the adequacy, safety, and operational performance of all project access points and affected intersections and shall evaluate proposed transportation improvements, including but not limited to roadway widening,intersection modifications, channelization, signalization,roundabouts, -4- left-turn lanes,right-turn lanes, acceleration and deceleration lanes,merge lanes, speed management measures,access relocations,and other traffic control or safety improvements deemed necessary by the Department of Public Works or the State Department of Transportation.Each TIAR shall also identify all transportation improvements required to maintain acceptable levels of service and public safety.The Applicant shall be responsible for designing and constructing all traffic-related improvements identified in the approved TIAR and required by the Department of Public Works or State Department of Transportation prior to issuance of certificate of Occupancy or Final Subdivision for each applicable phase. F. All driveway connections to Pua Melia Street and Waikoloa Road shall comply with Chapter 22 of the Hawai`i County Code.Direct vehicular access to Waikoloa Road shall be limited to no more than two access roadways serving the project site.The Applicant shall construct all access improvements identified in the applicable TIAR or otherwise required by the Department of Public Works, including,but not limited to,left-turn lanes, merge lanes, and the relocation of the proposed mauka access on Waikoloa Road. G. All internal project roadways shall be built to within 50-foot-wide or greater right-of-way to County dedicable standards with curbs,gutters, and sidewalks where required by the Department of Public Works.Roads within the project site that are not developed with the standard curb, gutter, and sidewalk section shall incorporate pedestrian and bike paths within their existing rights-of-way,meeting with the approval of the Department of Public Works.To ensure future connectivity to adjacent properties,road lots that stub out at the adjoining properties to the east and south shall be provided meeting with the approval of the Planning Director. H. A public pedestrian trail system shall be incorporated within the project and shall be implemented in conjunction with Final Subdivision Approval of the corresponding phases or increments of the proposed project or any development or use permitted in the zoned district.The pedestrian trail system shall be situated in a manner that facilitates access by foot between the subdivision and existing and zoned commercial areas or public areas, or -5 - I both.Where the pedestrian trail system traverses areas subject to a recorded conservation easement,the trail alignment, surface treatment,width,permitted uses, and construction standards shall be determined in coordination with the conservation easement holder and developer and shall be consistent with the terms of the recorded conservation easement, subject to approval by the Planning Director. In areas not subject to a recorded conservation easement,the pedestrian trail system shall be at least four feet wide and easily traversable.Access easements or lots of at least six feet in width shall be located between the pedestrian trail system and public roadways within the project site at selected areas throughout the project.Plans for the pedestrian trail system and access easements or lots shall be designed in conjunction with the South Kohala Community Development Plan Action Committee and shall be subject to approval by the Planning Director in conjunction with the Final Subdivision Approval.The Applicant shall bear all costs associated with the design,permitting, construction,installation,and maintenance of the pedestrian trail system and related improvements until such time as the trail system is accepted by an appropriate public agency or other entity approved by the Planning Director. Prior to issuance of Final Subdivision Approval for any portion of the project,the Applicant shall comply with all applicable provisions of Chapter 23 and Chapter 8 of the Hawai`i County Code.Any required reservation, dedication, conveyance,improvement, or fee contribution for parks,playgrounds, open space, or recreational purposes shall be provided in accordance with the requirements in effect at the time of Final Subdivision Approval. J. To ensure implementation of the Goals and Policies of the Housing Element of the General Plan,the Applicant shall comply with the requirements of Chapter 11 of the Hawai`i County Code. Until the affordable housing requirement under Chapter 11 has been fully satisfied,development of the total market-rate units or lots shall not proceed beyond each twenty percent increment unless the corresponding cumulative twenty percent increment of the affordable housing requirement has been satisfied;provided that the affordable housing requirement shall be fully satisfied prior to development of the -6- final twenty percent of the total market-rate units or lots.This requirement shall be approved by the Administrator of the Office of Housing and Community Development as evidenced by an executed and recorded affordable housing agreement which shall be provided to the Planning Department by the Applicant prior to Final Plan Approval or Final Subdivision Approval for each phase of the proposed development or any other use permitted in the zoning district.Fair share requirements under Condition W shall be conditionally waived for affordable housing units or lots,if the Applicant executes an affordable housing agreement to provide fifty percent to one hundred percent of the development as affordable housing units or lots.If the affordable housing units or lots are not produced and sold or rented in accordance with the affordable housing agreement, any fair share requirements under Condition W that were waived will become due and payable. K. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties.Prior to Final Plan Approval or Final Subdivision Approval for the first phase of development,the Applicant shall submit a comprehensive drainage and flood mitigation plan for the entire project area,prepared by a professional civil engineer licensed in the State of Hawaii, for review and approval by the Department of Public Works,Engineering Division.The plan shall: l. Incorporate the findings and applicable recommendations of the South Kohala Flood Study specific to Area of Concern 2(prepared by Brown and Caldwell for the Department of Public Works,dated February 24,2026); and 2. Evaluate development-generated runoff, existing upstream and off-site runoff, natural and historic drainage paths, and potential downstream impacts to Waikoloa Road,Pua Melia Street, `Auwaiakeakua Gulch,and related drainage infrastructure. Prior to issuance of grading permits for each phase of development,the Applicant shall submit an updated drainage study demonstrating consistency with the approved comprehensive drainage and flood mitigation plan.Development shall not materially -7- increase flooding or adversely alter existing drainage conditions on adjacent or downstream properties or public infrastructure. All required drainage and flood mitigation improvements, including but not limited to improvements to the `Auwaiakeakua Gulch Bridge and related drainage facilities, determined by the Department of Public Works,Engineering Division to be necessary to mitigate impacts of the development shall be designed and constructed at the Applicant's expense in accordance with the approved drainage study and to the satisfaction of the Department of Public Works,Engineering Division prior to issuance of Certificate of Occupancy or Final Subdivision Approval for the applicable phase. L. The Applicant shall comply with Chapter 27 of the Hawaii County Code. M. A National Pollutant Discharge Elimination System permit and an Underground Injection Control permit, if required, shall be secured from the State Department of Health (hereinafter"DOH")before the commencement of construction activities for each phase of development. N. All earthwork and grading activity shall conform to Chapter 10 of the Hawai`i County Code. O. Prior to the issuance of a Certificate of Occupancy for any use that generates wastewater within the RM-1.5-zoned portion of the property,the Applicant shall secure wastewater service from the West Hawai`i Sewer Company, or another wastewater utility approved by the County.The Applicant shall obtain all necessary approvals from the State of Hawai`i,Public Utilities Commission,including any required expansion of the utility's authorized service territory, and shall construct all wastewater collection and transmission facilities necessary to connect the development to the private sewer system.Written confirmation from the utility provider verifying that sewer service is available and that all required connections have been completed shall be submitted to the Planning Director. - 8- I P. The method of sewage disposal uses within the FA-la-zoned and A-10a-zoned portions of the property shall meet the requirements of DOH. Q. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval for the RM-1.5-zoned portion of the property and Final Subdivision Approval for all other portions. R. Pursuant to concurrency requirements in Section 25-2-46(o) of the Hawai`i County Code the Applicant shall provide a civil defense siren and associated maintenance access easements within the project area as required by the State Civil Defense prior to issuance of a Final Subdivision Approval or Certificate of Occupancy for any phase of the project. S. The subject property is identified as a Formerly Used Defense Site within the former Waikoloa Maneuver Area.Prior to and during any ground-disturbing activities,the Applicant shall coordinate with the United States Army Corps of Engineers(hereinafter "USACOE") and DOH regarding applicable requirements for investigation,risk management,remediation,monitoring,and worker safety associated with potential unexploded ordnance hazards.If required by DOH,the Applicant shall prepare and implement a Site-Specific Environmental Hazard Management Plan and comply with all applicable DOH and USACOE recommendations and requirements. T. An Emergency Evacuation Plan shall be submitted to the County Civil Defense Agency for review and approval prior to the issuance of Certificate of Occupancy for development of the RM-1.5-zoned portion of the property or Final Subdivision Approval for any other portion.A copy of the approved plan shall be submitted to the Planning Department. U. Prior to issuance of Final Plan Approval or Final Subdivision Approval,the Applicant shall conduct archaeological, cultural,mapping, and survey work regarding the Puako— Keamuku Trail, in consultation with the State Department of Land and Natural - 9 - Resources(hereinafter"DLNR"),Na Ala Hele Trail and Access Program,and the State Historic Preservation Division(hereinafter"SHPD"),to identify the trail alignment within the project area and evaluate its significance, ownership, and legal status, including whether it may qualify as a public highway under the Highways Act of 1892. If the Puako—Ke`amuku Trail is identified within the project area,the Applicant shall preserve and accommodate the trail in a manner acceptable to the DLNR Na Ala Hele Trail and Access Program and SHPD, including any required easements, dedications, public access improvements,Public Access Plan requirements, subdivision of the trail as a separate parcel where required by the agency having jurisdiction, or other protective measures. V. In the event that surface or subsurface historic resources,including human skeletal remains, structural remains, such as rock walls,terraces, or platforms, cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition or construction work,the Applicant shall cease work in the immediate vicinity of the find,protect the find from additional disturbance, and contact SHPD at(808)933- 7651. Subsequent work shall proceed upon archaeological clearance from SHPD when it finds that sufficient mitigation measures have been taken. W. The Applicant shall make their fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation,fire,police, solid waste disposal facilities and roads for the additional residential units to be created. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or Final Subdivision approval for each phase and shall be based on the actual number of additional residential units or lots created.The fair share contribution in the 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. The fair share contribution shall have a combined value of $19,184.66 per single family residential unit or lot and$12,310.59 per multiple family residential unit.The total amount shall be determined with the actual number of - 10- I residential units or lots according to the calculation and payment provisions set forth in this condition.The fair share contribution shall be allocated as follows: 1. $9,251.18 per single family residential unit or lot and$6,072.47 per multiple family residential unit to the County to support park and recreational improvements and facilities; 1 2. $446.28 per single family residential unit or lot and$191.92 per multiple family residential unit to the County to support police facilities; 3. $881.46 per single family residential unit or lot and$590.37 per multiple family residential unit to the County to support fire facilities; 4. $385.91 per single family residential unit or lot and$263.13 per multiple family residential unit to the County to support solid waste facilities; and 5. $8,219.83 per single family residential unit or lot and$5,192.70 per multiple 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 or construct improvements or facilities,or any combination thereof,related to parks and recreation, fire,police, solid waste disposal facilities, or 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,pursuant to Section 2-162.1(a) of the Hawaii County Code. X. 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. - 11 - 1 Y. The applicant shall prepare,implement,and maintain a Community Wildfire Resilience Plan that achieves and maintains compliance with the principles of the Firewise USA® program or an equivalent County-approved wildfire resilience plan, subject to review and approval by the Hawaii Fire Department.The approved plan shall be binding upon the property owner and any successor homeowners'association or other entity responsible for maintenance of the development. Z. The Applicant shall submit an Annual Progress Report(hereinafter"APR")to the Planning Director every year before the anniversary date of the effective date of this ordinance. The APR should describe the status of development and explain to what extent each condition of approval has been satisfied.The Applicant should provide letters from the various agencies that verify compliance with a specific condition such as an exhibit, such as a water commitment payment letter from the Department of Water Supply or Certificate of Occupancy from the Department of Public Works,Building Division.The APR shall also contain updates regarding wildfire evacuation for Waikoloa Village.This condition shall remain in effect until all the conditions of approval have been completed and the Planning Director informs the Applicant that further APRs are not required. AA. The Applicant shall comply with all applicable County, State and Federal codes,laws, rules,regulations, and requirements. BB. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44(c) and(d)of the Hawaii County Code. CC. If any conditions have not been completed by the deadline, or if a time extension request has not been submitted in accordance with Section 25-2-44(c),the Planning Department shall inform the Applicant that this ordinance is null and void without further action by the County.In that event,the zoning designation of the property affected by this ordinance shall automatically revert to its immediate prior zoning designation. - 12 - 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 this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ATHER KIMBA L Council Member BY REQUEST OF THE: Planning Director ,Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1025.22 IlDUIII 0 IUl II 1II 13 - LRB 26-134 D1