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Home My WebLink AboutBIL 201 Draft 01 2018-2020COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAI `I BILL NO. 201 AN ORDINANCE AMENDING ORDINANCE NO. 05 113 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — FIVE ACRES (A -5a) TO MULTIPLE FAMILY RESIDENTIAL (RM -2.5) AT PUAPUA`AIKI IST AND PUAPUA`ANUI 1sT, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 05 113 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code (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 successors 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 shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit if applicable, in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within [ninety ] one hundred twenty days from the effective date of this amended ordinance. The applicant shall finalize the allocation of water commitments sufficient to allow the proposed development prior to Final Plan Approval. C. Construction of the proposed development shall [be completed] commence within five (5) years from the effective date this ordinance and be substantially completed within ten (10) years. 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), 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). [£-] D. [if Department of Tr-anspoftation rel i -sa Traffic Tmpnd Analysis Report (T-IAR) it shall be submitted to the DepartmetA of T-r-anspoftation for- r-eview and approvae,a prior- to the issuance of Final Plan ppfo ] All accesses, including roadway and/or intersection improvements affecting State highways, shall meet with the approval of the Department of Transportation. [F--] E. The applicant, successors, or assigns shall improve the intersection at the principal access on the Hawaii Belt Road at the north end of T.M.K. No. 7-5-17: at the Pualani Estates Subdivision Road, including but not limited to, a -2- deceleration and exclusive left-turn lane into T.M.K. No. 7-5-17: 1. Intersection improvements shall be as required by the Department of Transportation. The applicant shall pay for the cost of upgrading the traffic signal lights at the intersection of the Hawaii Belt Road and the Pualani Estates Subdivision Road to accommodate 4-way traffic meeting with the approval of the Department of Transportation and/or County Department of Public Works. Said improvements, [plus the i A i Le road flffomugh the Pualani Estates Subdivision to Httalalai Road,] shall be completed prior to the issuance of a certificate of occupancy or non-residential structures or final inspection of any residential structures. [] F. The applicant, successors, or assigns shall construct a right -turn deceleration lane and a right -turn acceleration lane at the secondary entrance located south of the main intersection meeting with the approval of the State Department of Transportation, and any other improvements that may be required by the DOT. If DOT opposes the use of the second access to the commercial development, all access shall be from the northern access point. Otherwise, the southern access shall be limited to right -in, right -out movements only. Said improvements shall be completed prior to the issuance of a certificate of occupancy for non-residential structures or final inspection of any residential structures. [H-.] G. The applicant, successors, or assigns shall be subject to the "Declaration Re Road Construction" recorded with the State of Hawaii Bureau of Conveyances on June 18, 2004 (Doc No. 2004 123556) and shall improve "Easement 1" (spine road) or an alternative location approved by the County Department of Public Works to County dedicable standards with curbs, gutter and sidewalk improvements within a 60 -foot wide right-of-way meeting with the approval of the Department of Public Works, prior to the issuance of any certificates of occupancy for non-residential structures or prior to any final inspections for residential structures from Kuakini Highway to Lot 1, Sub 7814 (the frontage road lot). The applicant, successors, or assigns shall also complete the road connection from Easement "1" or an alternative location approved by the County -3- Department of Public Works to the main project intersection, including bridging the floodway, to County dedicable standards, and from Easement "1" or an alternative location approved by the County Department of Public Works to the southerly or Kuakini Highway project access to County dedicable standards, prior to the issuance of a certificate of occupancy for non-residential structures or final inspection for any residential structures. Should the approved location of the 60 - foot wide right-of-way spine road differ from Easement "I", the applicant shall take appropriate measures to amend the Declaration and Easement prior to its construction to assure access to all lots intended to be served by this Easement. [1-.] H. Access to Kuakini Highway, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. An exclusive left turn lane and a right turn deceleration shall be provided at the Easement 1 or at an alternative location approved by the County Department of Public Works access road approach. The access shall align with the opposing entry to Kahakai Estates Subdivision or at an alternative location approved by the County Department of Public Works. [Requirement] Required improvements may include, but not be limited to, pavement and shoulder widening, pedestrian activated cross walk lights, drainage improvements and relocation of utilities. A system of drywells shall be installed to address existing local drainage on the mauka side of Kuakini Highway flowing to the proposed access approach. Said improvements shall be completed prior to the issuance of a certificate of occupancy for non-residential structures or final inspection of any residential structures. [-J-.] I. The main spine mauka/makai road within the proposed development shall be improved to County dedicable standards with curbs, gutter and sidewalk improvements and if accepted by the County, a bike path, prior to issuance of a certificate of occupancy. The applicant shall provide necessary easements for road and drainage in favor of T.M.K. No. 7-5-17: 1 so that the property can be developed independently of T.M. K. No. 7-5-17: 19. In The applicant, its successors or assigns shall convey its interest in the easement and all improvements therein to the County upon their completion. [K-.] J. Install streetlights, signs and markings meeting with the approval of the Department of Public Works. [L-.] K. A drainage study shall be prepared and submitted for review and approval of the Department of Public Works prior to the issuance of Final Plan Approval. If deemed necessary by the Department of Public Works, the appropriate Federal Emergency Management Agency (FEMA) clearances and/or approvals shall be secured prior to the issuance of any land disturbance permit affecting the area covered by the work within the "AE" zone or the corrected effective base flood plain. The applicant shall construct all necessary drainage improvements including the flood channel prior to the issuance of a certificate of occupancy for non-residential structures or a certificate of occupancy or final inspection of any residential structures. [M-.] L. The proposed flood channel shall be maintained in private ownership and a maintenance program for the channel shall be submitted to the Department of Public Works for their review and approval. [N-.] M.No residential structures shall be constructed within areas designated "AE" or "shaded" Zone "X" by Flood Insurance Rate Maps (FIRM) as amended by any applicable LOMR. Restrictive covenants in the deeds of all single family residential lots shall give notice of the terms of this rezoning condition. No single-family residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. If appropriate, a copy of the proposed covenant(s) to be recorded with the 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 -5- recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. [0:] N. A National Pollutant Discharge Elimination System (NPDES) permit and an Underground Injection Control (UIC) permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. [PL.] O. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. [Q:] P. The applicant shall perform an engineering study to determine if the sewer line has adequate capacity to handle the proposed flows. If the offsite sewer line does not have adequate capacity, the applicant shall be responsible for necessary improvements. Sewer lines shall be installed within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. [R-] Q A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. [S-.] R. A Data Recovery Plan and/or an Archaeological Preservation and Burial Treatment Plan, if required, shall be submitted for the review and approval of the Planning Director, in consultation with the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD). Proposed mitigation treatment for the burial sites, within the subject property shall be approved by the SHPD's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning in Director for its files prior to submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits, whichever occurs first. [T-.] S. 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 Resource — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. _ . • . - -. - &- - .. _ .. ..- - -.0. WO � . - --- .. - - -- -- WMIMPHRM 1111 - -- 1 11-mv 111.011. - ON A own NFIT 2FOUZI .. 1 ■ _ .ORM. I. . • r ■ . . 11!�IIIIIIIIIIIIIIIIIIIIIIIIlMVM . . . . . .1r. IWO I• . . . . . . lqqlkW -MLVA 1 I . . . . . . -7- [V] 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 Plan Approval or within five years from the effective date of this change of zone ordinance, whichever occurs first. 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 this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a maximum combined value of $6,206.06 per multiple family residential unit ($9,671.44) 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 units) shall be allocated as follows: In r r. r ■ - r r - . r r . r r . . r � . • MAXIS r . ■ r . r r - a CUP r r�AA t . i r r r r •• r III • . • • • i r •_ . ■ r � . � t • � • • . MINI i � r ■ r ■ . MM•_ r rrM... N.011 IIIIIIN.- r r Q • • . •_ r . r r . r _ r . r rr � i i � i [V] 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 Plan Approval or within five years from the effective date of this change of zone ordinance, whichever occurs first. 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 this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a maximum combined value of $6,206.06 per multiple family residential unit ($9,671.44) 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 units) shall be allocated as follows: In 1. $3,061.27 per multiple family residential unit ($4,663.74 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $96.75 per multiple family residential unit ($224.98 per single family residential unit) to the County to support police facilities; 3. $297.62 per multiple family residential unit ($444.36 per single family residential unit) to the County to support fire facilities; 4. $132.65 per multiple family residential unit ($194.55 per single family residential unit) to the County to support solid waste facilities; and 5. $2,617.77 per multiple family residential unit ($4,143.81 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. Improvements to the drainage as it crosses under Kuakini Highway, the road improvements at the Kuakini Highway intersection, and the mauka/makai spine road up to the entrance of the proposed rental housing project shall be credited against the road fair share. [Relative to the r -e .L ,romA„ts for the sehool as outlined in Condition U, the value of !a -ad w-hieh shall be based on the uti!AN� to the subjeet site, and the eost of site preparation for- the sehool and f�'�—a mer-atio rfa share re x e P ,4 for T.M.K.17. 23 an 26 l in [W] U. 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. [X] V. 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, Hawaii County Code relating to Affordable Housing Policy. The affordable housing plan shall be approved by the County Office of Housing and Community Development [Ageny] Administrator prior to final subdivision approval or final plan approval, whichever occurs first. The housing requirement shall be met by the provision of affordable housing onsite and not by use of any affordable housing credits generated offsite or by any in -lieu fees. [ > a minin:wm of twenty (20) pereent of the units will be r-ented at the 0 or- less than median ineome level a -ad r at 12n0% or less than edia ineo'' a le ] Affordable housing credits in excess of the basic requirement outlined in Chapter 11, Article 1, Hawaii County Code, shall be credited to the applicant, its successors or assigns. [Y] W.The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [Z] X. An initial extension of time for the performance of conditions within this amended ordinance may be granted by the 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. -10- 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 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 should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. [A4] Y. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. SECTION 3. [inthe that any portion of this or -di a ee is dee'�edinvalid, saeh invalidityshall not aff-ec-t-the other- Parts of this o anee.] 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. -11- SECTION 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1078 INTRODUCED BY: CCIL MEMBER, COUNTY F HAWAII -12- RS -7.5 I I . I � ' A -la r i RS -7.5 A -5a' A_� AGRICULTURAL (A-3 •FAMILY RESIDEN1 14.87 Acs. Queen Kaahumanu Hwy. I , R10-5 RS -15 I II RM -5 Rvi5 . t A -5a 1 I vn IAS �RM•2.�11 A -5a ca. RV15 II ; E �. A-5aKuakini Hwy. A-Sa RM -5 A -5a A -5a �ul:?:1:1r' :• I A-1 �'s:..:.j..,:�!:z.r• I d RS1iA, / jU� t l:::tt: ::'. i•'L •tf•. � 'I • rt;f9iii�:'ii ,17r•f=iifr. �rt 7:r I frlf:'t: ti ��: t iC-10 i� %y �gPifiiri i{w I. t iai^;,: r:•::: ti :tlttt :•• tEt€ r •nr• t tti�i t 3i 4rtG::ftii • %:c. , • Q� I .%f`•'%! i tn353 . � � : iiil:pKtf�:i ti;i tf •ftSS=�"—• + - - I I I� �' ' is' _ e• :iaiL4157I' �- RS -1Q N- - A -la Rs+10 578.53 N I t-• Poj0ia i RS410 I _ $f. 2,877.36 F ,qko r 1 RS -O a St RS-' 0 I I ] T r — - r T. RtS-1�0; KAHFLOt, �, . R$ ornilo �� • •� � isf{ �\ �� •0�� I _ _I I j f � � I i ,r� -r i II I II - - N I CV -10 r k al/MiLl ct.AM J �- ti i I A -5a u� e i' I i i i ;' RS -10 I '1 I• I I I I I I I R RM -4 i ' '• � I A' -Aa RM -2 - - - RS -7.5 i S S - CV -7.5 CV -7.5 RM- t.5� 890 445 0 890 1.780 2.670 3,560 4 450 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -5a) TO MULTIPLE -FAMILY RESIDENTIAL (RM -2.5) AT PUAPUA'AIKI 1st AND PUAPUA'ANUI 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-5-017.019 PYWIRIT "0" L Aft tttttta A\ 1 1- O f FUH KEFEKENUL UNLY Date: September 29, 2004 1 (SUFFOLK INV., LLCA 152)