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Home My WebLink AboutBIL 182 Draft 01 2018-2020COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 182 AN ORDINANCE AMENDING ORDINANCE NO. 09 159 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 5 ACRES (A -5a) TO MULTIPLE FAMILY RESIDENTIAL — 3000 SQUARE FEET (RM -30) AT KEAUHOU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-8-010:101. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 09 159 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [� �] (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. [ !�Ilnnlu its Sueeessefs a shall submit the -1- cc Alate Commitment Guidelines to the Denaftment of Watef Supply within 190 d"a ys fr01m the-egaetive da*o of this efdin n The applicant, successors, or assigns_ are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. The applicant, successors, or assigns shall install and construct [the] necessary water system improvements [outlined in the Depa *mefA e t the Planning L,29,2000 ZRC�7�L Dir-emeeting with the requirements of the Department of Water Supply prior to the issuance of a Certificate of Occupancy. D. Construction of the proposed development shall be completed within five (5) years from the effective date of [the] this amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development in accordance with Section 25-2- 70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also 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), Chapter 25 (Zoning Code), Hawaii County Code. An updated traffic assessment shall be submitted in conjunction with the plans for Plan Approval. Should the assessment, subject to concurrence by the Planning Director and Public Works Director, conclude that the project is anticipated to generate fifty or more peak hour trips, then a Traffic Impact Analysis Report (TIAR) pursuant to the concurrency requirements of Section 25-2-46(d), Chapter 25 (Hawai`i County Code) shall be prepared -2- and submitted for the review and approval of the Planning Director and the Public Works Director. All recommended traffic mitigation outlined in the TIAR shall be implemented prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. E. Plans submitted for Plan Approval shall reflect a minimum 10 -foot wide emergency evacuation access route that extends from the project's easterly boundary, through the existing golf course identified by TMK:7-8-10:051, and up to any point along Ali `i Drive. As this access traverses an existing golf course and will be used only for emergency evacuation purposes, it need not be paved but will be reasonably compact enough to accommodate vehicles leaving the project site. The right of access across the emergency evacuation access route, including the terms of its use, maintenance, relocation, and related matters, will be recorded as an easement burdening TMK: 7-8-10:051 in favor of TMK: 7-8-10:101. The improvements of this emergency evacuation access route, if necessary, will be completed and the necessary easement will be recorded prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. F. Access to the development shall meet with the approval of the Department of Public Works. The roadway easement from the Mamalahoa Highway Bypass to the project shall be constructed to County dedicable standards, including curbs, gutters and sidewalks, meeting with the approval of the Department of Public Works, and dedicate it to the County upon request. G. Any vehicular security gate shall be set back approximately 60 feet from any County dedicated road. Whenever in use, the security gate shall be staffed to facilitate access by emergency vehicles and personnel. H. All wastewater generated shall be disposed into the Keauhou Resort's 9911 sewer system owned and maintained by the Keauhou Community Services, Inc., it's successors or assigns. I. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. J. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works, prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. K. 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. L. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. ]M. [ n r , C1�7-II-n� invent,,,+c, „r��o�, ;,,nit,a;,-,n tj1 7 D v; s orf (TIT NT? HPDprior to submittal of -plans Tnr_ PlaX "Xn Approval ] The applicant, successors or assigns shall adhere to the commitments made in the Archaeological Inventory Survey approved by the State Department of Land and Natural Resources — Historic Preservation Division (DLNR- HPD) throughout the life of the development. 0 [8] N. shall Lft nrpna -tfnent of hand and .... F..,.fed and submitted to the State Depar 1%.1 V LoL%9A, ffln% affrev X 11 V ��.The B •�GGC�lll�int 1 lui1�1�all be pnap fed and .] The applicant(s), successors, or assigns shall comply with all provisions of the Archeological Preservation Plan, Archeological Data Recovery Plan and Archaeological Monitoring Plan approved by the State Department of Land and Natural Resources — Historic Preservation Division (DLNR-HPD) and the Burial Treatment Plan approved by the Hawaii Island Burial Council throughout the life of the development. [�] O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant, successors or assigns 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 Administrator of the Office of Housing and Community Development prior to Final Plan Approval. -5- [R] P. The applicant, successors or assigns 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 unit shall be based on the actual number of residential units developed exceeding twenty-nine (29) units. 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 [Q47,242. $9,366.52 per multiple family residential unit ([e1��.� �] $14,596.67 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: [ . ] $4,620.24 per multiple family residential unit ([ , ] $7,038.77 per single-family residential) unit to the County to support park and recreational improvements and facilities; • [$115.11] $146.02 per multiple family residential unit ([Q'] $339.55 per single-family residential unit) to the County to support police facilities; [$354:85] $449.18 per multiple family residential unit ([$528.661 $670.66 per single-family residential unit) to the County to support fire facilities; W • [$157.81] $200.20 per multiple family residential unit ([$231 $293.62 per single-family residential unit) to the County to support solid waste facilities; • [$39114. ] $3,950.87 per multiple family residential unit ([$4;°29,90] $6,254.07 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. [S] Q. 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. [T] R. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [U] S. An annual progress report shall be submitted to the Planning Director prior to the anniversary of the effective date of [fie] this amended ordinance. The report shall include, but not be limited to, the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. -7- ♦MIRFIVIRWHIMPIUMIRM.. . • •• • i • i • i • • • • •ILVIAWASO 119 It iii'Miw•ii��n��iwiiw!��zi�A�iii•:�ei��iii!�ILViwiiwNJi•I-JR/e WA WAaI IRNA • MAWOXZZ • • • • • • i • • ior • • • • • � • �i��er••�:w•i•e� •ic!e��•!eii„�s••i�iA,-A 0 IL•A 0 9 N 141 8i -A -JM INw—� !iiMs•`i&� -5-. ] If the applicant(s), successors, or assigns should require an additional extension of time, the Planning Department shall submit the request for the amendment to the change of zone and the SMA Use Permit to the Planning Commission and the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely manner, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. ME SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: C Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. _ 1019 0 WAI`I OPEN R -2 OPEN R -3 RM -3. _ A -5a CO OPEN Q' p p A -5a P y s OPEN �3 OPEN �3 - o RM -.75 9 RM -5.5 PE - O A -5a V-4 V-1.25 � OPEN 51 OPEN A -5a KEA UHOU BA A -5a AGRICULTURAL - 5 ACRES (A -5a) V-1.25 TO MULTIPLE FAMILY 1 OPEN __ i RESIDENTIAL - N OPEN 30,000 SQUARE FEET (RM -30) V- 75 51.058 ACRES V-.75 1'I9 OPEN RM -2 , T OPEN I N _ M-2 CV -10 A -5a; OPEN OPEN RM -2 OPENI V-75 OPEN ?? A -5a OPEN V-.75 OPEN 1,637585 OPEN 4,235 06 E " A -5a � - EAUHOUCOA57 9`sS A -5a A -5a A -5a A -5a 0 1,000 2,000 4,000 6,000 8,000 Feet AMEN"L) MENT TO THE ZONING CODE 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 - 5 ACRES (A -5a) TO MULTIPLE FAMILY RESIDENTIAL - 30,000 SQUARE FEET (RM -30) AT KEAUHOU, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: 7-8-10:101 DATE: June 25, 2009 EXHIBIT "A'. (Kona Country Club, Inc- /7 -1 -*11, Ir - A ,!� CCA% FOR REFERENCE ONLY Map 1268)