HomeMy WebLinkAboutBIL 200 Draft 02 2018-2020 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 200
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 05 115 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—FIVE ACRES (A-5a) TO NEIGHBORHOOD COMMERCIAL
(CN-20) AT PUAPUA'AIKI IS"'AND PUAPUA'ANUI IS",NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-017:001.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 05 115 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[fl;,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. [Pfief to issuanee of a watef eammitment by the Depaftmeni of Water- Supply, the
applieafA shall submit the antieipated maximufn daily watef usage ealettlations
feeommended by a fegister-ed engineef and a watef eommitment deposit i
aeeofdanee with its "Water- Commitment Guidelines Poliey"to the DepaAfnefit of
Wa4ef S"ply within ninety days ffem the effeetive date of this ofdifianee. The
appheant shall fiflalize the alloeation of watet!eofnffi4fnents suffieieR4 to allow
proposed development pfief to Final Plan Appfaval.] Prior to the issuance of a
water commitment by the Department of Water Supply (DWS), the applicant(s)
shall submit the anticipated maximum daily water usage calculations as prepared
by a professional engineer licensed in the State of Hawaii to the DWS. A water
commitment deposit shall be paid to the DWS within 180 days from the effective
date of this amended ordinance in accordance with Rule 5 of the Department of
Water Supply's Rules and Regulations. The applicant is responsible for
maintaining valid water commitments to support the proposed use until such time
that required water facilities charges are paid in full.
C. Construction of the proposed development shall [be eomplete ] commence within
five (5) years from the effective date of this amended ordinance and be completed
within ten (10) years from the effective date of this amended ordinance. Prior to
construction, the applicant, successors or assigns shall secure Final Plan Approval
for the [a pend e ] 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. No single commercial business may contain more than 45,000 square feet in gross
floor area.
E. [if Department of T-r-anspeftation feqti.*.-. _. amended Tr-affle impaet Analysis
for-
review andandCGrVT
' pp e pfier to the issuanee of Final Plan "pa'.] All accesses,
including roadway and/or intersection improvements affecting State highways,
shall meet with the approval of the Department of Transportation.
F. The applicant, successors, or assigns shall improve the intersection at the
principal access on the [14awaii] Hawaii Belt Road at the north end of T.M.K.
No. 7-5-17:1, at the Pualani Estates Subdivision Road, including, but not limited
to, a 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] Hawaii Belt Road and the Pualani
Estates Subdivision Road to accommodate 4-way traffic meeting with the
approval of the Department of Transportation. Said improvements[, plus the matin
.-ad thfough the Pualani Estates Subdivision to Htialalai ,] shall be
completed prior to the issuance of a certificate of occupancy for non-residential
structures or final inspection of any residential structures.
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G. 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. The applicant, successors, or assigns shall be subject to the "Declaration Re Road
Construction"recorded with the State of[Hawaii] 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 "Easement1" or an alternative location approved by
the County Department of Public Works to the main project intersection,
including bridging the floodway, to County dedicable standards, and from
"Easement ["—]1"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 l,"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. 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 right turn deceleration lane shall be provided on Kuakini
Highway at the "Easement 1" access road approach or at an alternative location
approved by the County Department of Public Works. The access shall align with
the opposing entry to Kahakai Estates Subdivision. [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
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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 [4] for
any residential structures on the subject site.
J. The applicant, successors, or assigns shall provide an easement to the property to
the north (TMK: 7-5-17:2) to permit that property to access the main project
intersection. The easement shall have a minimum width of 60-feet, and be [in] at
a location meeting with the approval of the Department of Public Works. The
designation of this easement and its terms shall be established prior to the
issuance of a certificate of occupancy for non-residential structures or final
inspection of any residential structures.
K. The main spine mauka/makai road within the proposed development shall be
improved to County dedicable standards with curbs, gutter and sidewalk
improvements within a 6046ot wide right-of-way and if accepted by the County,
a bike path, prior to issuance of a certificate of occupancy[.Phe] or final
inspection. Prior to any sale or transfer of ownership in the property, the
applicant shall provide necessary easements for road and drainage improvements
in favor of T.M.K. No. 7-5-17: 19 so that the property can be developed
independently of T.M.K. No. 7-5-17: 1. Additionally, prior to any sale or transfer
of ownership in the property, the applicant shall secure all necessary easements
for road and drainage over T.M.K. No. 7-5-17: 39 to allow access to Hawaii Belt
Road. The applicant, its successors, or assigns shall convey its interest in the
[ea iement] easements and all improvements therein to the County upon their
completion.
L. Install streetlights, signs and markings meeting with the approval of the
Department of Public Works.
M. [A drainage stud�, shall be prepared and submitted f6f r-eview and appfoval of the
Eniefgeney Management Ageney (FEMA) eleafanees and/of appfevals shall be
eevefed by the work within the "AE" zone of the eaffeeted effeetive base flood
] A
drainage study shall be prepared by a professional civil engineer licensed.in the
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State of Hawaii and submitted to the Department of Public Works for review and
approval prior to issuance of Final Plan Approval. All development plans,
drainage studies, and other related documents shall reflect the September 29, 2017
FIRM or most recent FIRM. Improvements in a floodplain will be subject to the
requirements of Chapter 27 (Floodplain Management) of the Hawaii County
Code. Drainage improvements recommended in the drainage study shall be
constructed meeting with the approval of the Department of Public Works prior to
receipt of a Certificate of Occupancy for non-residential structures or final
inspection of any residential structures.
N. 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 [tom] its review and approval.
O. No residential or commercial structures shall be constructed within areas
designated "AE." "AEF," or ["shaded" Zone "X""] "XS"by Flood Insurance Rate
Maps (FIRM) as amended by an applicable LOMB. 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 recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances.
P. 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.
Q. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
R. The applicant shall perform an engineering study to determine if the sewer line
has adequate capacity to handle the proposed flows, and shall upgrade the sewer
line if necessary. 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.
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S. 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.
T. 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 Dir-eetaf, in eensultation wit ] 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 [14awai ] Hawai'i 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 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.
U. [Shotild any fetnains of historic sites, such as reek walls, teffaees, platfofnis,
she!! eeneentfations of human burials be eneounter-ed, wofk in
immediate area shall eease and the Department of Land and Natural Resetifee
State 14istefie Pfesefvation Division (DLNR S14PD) shall be immediately
notified. Subsequent wofk shall proceed upon an ar-ehaeologieal eleafanee ftom
DLNR S14PD when it finds that sufficient mitigation measures have been taken.]
In the unlikely event that surface or subsurface historic resources, including
human skeletal remains, structural remains (e.g. rock walls, terraces, platforms,
etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes
are identified during the demolition and/or construction work, cease work in the
immediate vicinity of the find, protect the find from additional disturbance and
contact the State Historic Preservation Division at (808) 933-7651. Subsequent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
[V. As fepr-esented by the applieant, within ninety (90) days aftef the eff-eetive dat
this ofdinanee, the appheafli shall solieit the input of the Sta4e DepaAffient e
Edtteafion (DOE), eanitntmity, and County Couneil to deter-mine whieh
govemmeni ageney of entity, sueh as a DOE certified "publie ehartef" sehool,
would be the feeipient of this sehool site. The sehool site a-Rd any impfavements
thefeen shall be eonveyed via lease to the identified feeipient for- $1.00 f6f the
dufation of the lease, with the under-standing that said entity of agency would be
able to seeur-e additional fiands as may be necessary to have a school opened prio
to or-in conjunction with the isstianee of a residential eee"aney peffflit on the
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land and impfovements thefeon shall be conveyed in fee to the
at no cost within thifty (30) days of the date of termination. Within sixty (60)
days of the identifieation of the r___ r, ageney of entlitly
fefleeting the tefins eutlined in this ofdinanee, shall be submitted to the County
As further-fepr-esented by the applieant, th-e
.
applieant
of
ns
1) prior to the issuanee of a building-pefinit
> shall,
f;3f any residential of eoffiniefeial stfuewfes on the subject site, a) subdivide and
and/or T.M.K. 7 5 17: 23 fof a sehool site to the State DOE of a DOE eeftified
cc »,
site,publie
and b) provide the neeessafy infr astfuetufe to the site, ifieluding
..
ake the necessary
on site land improvements f6f the sehool and assoeiated playgfound area, as well
as eenstfuet of cause the eonstfuetion of tip to $600,000 of building of stfueturall
impfevements as inay be mutually agreed to between the applicant an
01"Itg ageney of entity. These improvements are designed to f4eilitate the
of a sehool pfiof to the oeeupaney of any fesidential structures on the
[W-. V. If the applicant, successors, or assigns develop residential units on the subject
property, 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 become due and payable prior to receipt of Final Plan Approval or Final
Subdivision Approval. The fair share contribution for each lot or unit shall be
based on the actual number of residential units developed. 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 (HCPI). The fair
share contribution shall have a maximum combined value of[$6,206.06]
$9,645.17 per multiple family residential unit ([$9,.v�-6711..44] $15,030.92 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:
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1 [$3,061.27] $4,757.69 per multiple family residential unit ([$4,663.74]
$7,248.17 per single family residential unit)to the County to support park
and recreational improvements and facilities;
2. [$96.75] $150.37 per multiple family residential unit ([$224.98] $349.65
per single family residential unit) to the County to support police facilities;
3. [$297.62] $462.54 per multiple family residential unit ([$444.36] $690.61
per single family residential unit) to the County to support fire facilities;
4. [$132.65] $206.16 per multiple family residential unit ([$194.55] $302.36
per single family residential unit) to the County to support solid waste
facilities; and
5. [$2,617.77] $4,068.41 per multiple family residential unit ([$4,143.81]
$6,440.12 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. [Rela4ive to the requirements for-the
seheel as outlined in Condition U, the value of land "ieh shall be based on the
pef aefe pidfehase eost of the applieant , the cost of the inftastfidetur-e (foad an
utility) to the subjeet site, and the eost of site pfepafatien for-the sehool and
playgr-ound afea shall be credited against the pafk and r-eefeation fair share. The
eonstfidetion of any stfuetur-es on the subjeet site shall be er-edited against the
balanee if any, of the par-k and feefeation fair shafe of this ofdinanee afl-/of any
fuwfe p-A.ALE 1-fid feelveation fair- shafe fequifement R)f T.M.K. 7 5 17! 23 and 26.]
This condition shall not apply try housing units constructed within the subject
property to meet the affordable housing requirement in Chapter 11 (Housing),
Section 11-4(b), Hawai'i County Code, and so certified by the County Office of
Housing and Community Development, excluding any units constructed for
excess housing credits.
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[X-.]ML 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.
[Y—.]X. The project shall include housing. At least 50 residential units shall be under
actual construction, with completion assured by security approved by the
Planning Director, before the issuance of a certificate of occupancy for any
commercial structures. An additional 50 units shall be constructed if all the
commercial uses exceed 60,000 square feet of gross floor area. The additional
units shall be under actual construction, with completion assured by security
approved by the Planning Director, before the issuance of a certificate of
occupancy for commercial structures exceeding a cumulative total of 60,000
square feet of gross floor area on the project site.
[Z—.]Y. 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. [This r-equifemen ] Compliance shall be memorialized in an affordable
housing agreement which shall be approved by the [County Housing Agency]
Administrator of the Office of Housing and Community Development prior to
[final subdivision approval of final plan approval,] 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 [b-y] through use
of any affordable housing credits generated offsite or by any in-lieu fees.
Z. The subject property shall be considered part of a future Neighborhood Transit
Oriented Development (TOD) site.
1. Prior to issuance of Final Plan Approval or Final Subdivision Approval,
Conceptual Master Plan (Plan) incorporating the subject property and the
adjoining property identified TMK: 7-5-017:019 shall be developed to
include a mix of permitted uses and density, transportation systems,
including street layout and standards, transit routes and facilities, bike and
pedestrian pathways, village center public facilities, if any, infrastructure
requirements and timing, neighborhood park and public space standards,
and a phasing plan. The Village Design Guidelines within the Kona CDP
should be used as a guide to the development of the Conceptual Master
Plan for the TOD.
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2. Within sixty (60) days of the Planning Director's acceptance of the
Conceptual Master Plan, consisting of confirmation that the Plan includes
the minimum requirements articulated in subsection 1 above, the Kona
CDP Design Center shall review and provide recommendations to the
applicant with regard to consistency of the Plan with the Village Design
Guidelines and other components of TOD development contained in the
Kona CDP. Said recommendations shall be provided to the applicant for its
consideration for modification, if needed. The Plan, as may be modified,
shall be used as the basis for the submittal and subsequent review of all
plans for Plan Approval.
AA. An annual progress report shall be submitted to the Planning Director and
County Council prior to the anniversary date of enactment of this amended
ordinance. The report shall include, but not be limited to, the status of the
development and to what extent the conditions of approval are being complied
with. This condition shall remain in effect until all of the conditions of approval
have been complied with and the Planning Director acknowledges that further
reports are not required.
[AA-.]BB. The applicant shall comply with all applicable County, State and Federal
laws, rules, regulations and requirements.
[BB.]CC. [An initial ex4ension of tifne fof the per-for-manee of conditions within the
,
and that are not the result of theif fatilt or-negligenee.
2. Granting of the time extension would not be eentfafy to the Genefal
or-Zoning Code.
3. Gr-an4ing of the time extension would not be eentrafy to the ofiginal
reasons f„thegranting of the ehange of zone
may be extended fbf tip to one additional yeaf).
-5-.] If the applicant should require an additional extension of time, the
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Planning Director shall submit the applicant's request to the Leeward
Planning Commission and County Council for appropriate action.
[C-C—.]DD. 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. [in the event tha4 any peftion of this ordinance is deelafed invalid, sueh
invalidity shall not affeet the othef pafts of this ofdinanee.] Severability. If any provision of this
ordinance, or the application thereof to apy 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.
INT CIL
DUCED Y
C -
*
C CIL M
IL MEMBER., COUNT ( OF HAWAII
Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1077.9
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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 NEIGHBORHOOD COMMERCIAL (CN-20)
AT PUAPUA'AIKI 1st AND PUAPUA'ANUI 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-017:001 Date:September24,2.004
EXHIBIT "A" (Puaa Development, LLCA146)
FOR REFERENCE ONLY