HomeMy WebLinkAboutORD 2020-065 2018-2020 ........
COUNTY OF HAWAII .f,Nk STATE OF HAWAII
• �TE•OF•N/•� .
BILL NO. 182
ORDINANCE NO. 2° S
AN ORDINANCE AMENDING ORDINANCE NO. 09 159 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL— 5 ACRES (A-5a) TO MULTIPLE FAMILY RESIDENTIAL—
30,000 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 [(2005
Edition)] (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. [Prior to the issuance of a water commitment by the Department of Water
Supply, the applicant, its successors or assigns shall submit the anticipated
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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.] 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 Department of
Water Supply's July 29, 2009 memorandum addressed to the Planning
Director] meeting 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), Hawai`i 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), Hawai`i 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
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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
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sewer system owned and maintained by the Keauhou Community
Services, Inc., it's successors or assigns.
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 Hawai`i County Code.
[M. 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.]
[N] M. [An updated Archaeological Inventory Survey, including proposed
mitigation measures, shall be submitted for the review and approval of the
State Department of Land and Natural Resources Historic Preservation
Division (DLNR HPD)prior to submittal of plans for Plan 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.
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[8] N. [The four archaeological sites identified in the Archaeological Inventory
Survey prepared by Cultural Surveys Hawai`i and identified on the
proposed development plan and any $ -- ' - ':- - ' -: : - - • . ': -
in an updated Archaeological Inventory Survey shall be preserved. The
appropriate Preservation Plan, Data Recovery Plan, and Monitoring Plan
- -- -- - - ..
. - - • ' - - D. ,.
D . ! _ , D
review and approval. The Burial Treatment Plan shall be prepared and
submitted to the Hawai'i Island Burial Council for review and approval.
These plans shall be approved prior to the issuance of any land disturbance
permits proximate to or affecting the archaeological features and/or burials
required for preservation.] 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 Hawai`i Island Burial Council throughout the life of
the development.
[P. A completed Cultural Impact Assessment Report shall be submitted for
review and approval by the DLNR HPD prior to the submittal of plans for
Plan Approval.]
[9] 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, 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.
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[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[$7,383.36] $9,366.52 per multiple family residential unit
([$11,506.13] $14,596.67 per single-family residential unit). The total
amount shall be determined with the actual number of units according to
the calculation and payment provisions set forth in this condition. The fair
share contribution per single-family residential unit shall be allocated as
follows:
• [$---3-642,-0-0] $4,620.24 per multiple family residential unit
0-5i-548.46] $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 ([$2 6]
$339.55 per single-family residential unit) to the County to support
police facilities;
• [$ 08] $449.18 per multiple family residential unit ([$5�6]
$670.66 per single-family residential unit) to the County to support
fire facilities;
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• [$157.81] $200.20 per multiple family residential unit ([$231.45]
$293.62 per single-family residential unit) to the County to support
solid waste facilities;
• [8-344-4,36] $3,950.87 per multiple family residential unit
([$ ,929.90] $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.
[Sr] 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[the] 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.
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[V] T. [An initial extension of time for the performance of conditions within this
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.
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
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).
] 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.
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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•i CIL MEMBER, COUNTY OF AWAI`I
Hilo , Hawai`i
Date of Introduction: August 19, 2020
Date of 1st Reading: August 19, 2020
Date of 2nd Reading: September 2, 2020
Effective Date: September 15, 2020
REFERENCE Comm. 1019
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AEN iMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE HAWAI'I 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
,�;,,' ,.A ,.- -
..A, FOR REFERENCE ONLY Map 1268)
OFFICE OF THE COUNTY CLERK } ` �'` '`
County of Hawai`i
Hilo, Hawai`i 273 S 15 E
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: August 19, 2020 AYES NOES ABS EX
First Reading: August 19, 2020 Chung X
Published: August 28, 2020 David X
Eoff X
REMARKS. Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
Second Reading: September 2, 2020 8 0 1 0
To Mayor: September 11, 2020
Returned: September 15, 2020 ROLL CALL VOTE
Effective: September 15, 2020
AYES NOES ABS EX
Published: September 25, 2020
Chung X
REMARKS:
David X
Eoff X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
1'h
A rove /Disapproved this I S day ,
of 't n D.& , 20 10 CLERK
Bill No.: 182
MAYOR, I T I - - WAI`I C-1019/PC-51
Reference:
Ord No.: 20 65