HomeMy WebLinkAboutBIL 201 Draft 02 2018-2020 If OF.il
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COUNTY OF HAWAII
STATE OF HAWAIJ
BILL NO. 201
(DRAFT 2)
ORDINANCE NO.
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 IIT 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 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 successors or assigns shall be responsible for complying with all
stated conditions of approval.
B. [Pfier-to the issuanee of a watef eemmitment by the Depaftment of Walef Supply,
the applieatA shall stibmit the antieipated maximum daily water-usage ealeulations
as Y-eeemfflended by a fegister-ed engineef, and a water-eommitment deposit i
aeeefdafiee with the "Water Commitment Guidelifles Pohey"to the Depaftmen
of Water- S"ply within nifiety days ffem the effeefive date of this efdinanee. The
applieant shall finalize the allaeation of watef eenimitmenis stiffleiet4 to allow t
proposed development pfief to Final Plan Approval.]
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-
i
C. Construction of the proposed development shall [be ,.,,w,,plete ] 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 proposed development from the Planning Director in accordance with
Section 25 2 70, Chapter 25 (Zoning Code), [I4&wai-i] 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. As represented by the applicant, the project shall be restricted to the use of rental
housing only for a period of not less than 20 years from the issuance of a
certificate of occupancy or final inspection as the case may be. Any change to
this condition will require an amendment to the change of zone ordinance.
E. [
appfavaed pfief to the issuanee of Final Plan .] 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 [I4aw ii] 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 [14awaii] Hawaii Beit 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 fila ,,
,a th,-,ough the Ptialani Est&tes Subdivision to uual la Read,] shall be
completed prior to the issuance of a certificate of occupancy [or-non fess entia
*..,,et -es of final inspeeti,,, e for any residential structures on the subject site.
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.
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H. The applicant, successors, or assigns shall be subject to the "Declaration Re Road
Construction" recorded with the State of[14awaii] Hawai'i 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 Department of Public Works to the main project intersection,
including bridging the floodway, to County dedicable standards, and from
"Easement F 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.
I. 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 F
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. [Requifefflent] 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 r-eside ntial stfuettifes of final inspeetion a any residential
structures on the subject site.
J. 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 60-foot wide right-of-way and if accepted by the County,
a bike path, prior to issuance of a certificate of occupancy or final inspection.
[The] Prior to any sale or transfer of ownership in the property, 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.
Additionally, prior to any sale or transfer of ownership in the propeLty 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
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successors or assigns shall convey its interest in the [easement] easements and all
improvements therein to the County upon their completion.
K. Install streetlights, signs and markings meeting with the approval of the
Department of Public Works.
L. A dfa inage study shall be prepared and stibfflitted faf feview and appr-avai of the
lllietA of Publie Wofks pfief to the issuanee of Final Plan Appfoval. 1
deemed tweessary by the Depaftment of Publie Wofks, the appfopfiate Fed
Emefgeney Management Ageney (FEMA) elear-anees and/or- approvals shall be
seeufed pr-iof to the issuance of any land distur-banee pefmit aff-eeting the afe
eovefed by the wefic within the "AE" zone or-the eoffeeted effeetive base flood
plain. The applieant shall eenstfuet all neeessary draina'.- i.... _emefits
including the flood ehanne!pfief to the issuan-e-e Of-A efflti:fi.eate of oeetipaney .fo
Aial stfuetufes or-a eeftifieate of oeetipaney of final inspeetion of any
residential stfuetur-esd
A drainage study shall be prepared by a professional civil engineer licensed in the
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.
M. 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 [tht4] its review and approval.
N. No residential structures shall be constructed within areas designated "AE."
"AEF," or ["shaded"Zone "X"] !!XK 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 recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances.
O. A National Pollutant Discharge Elimination System (NPDES)permit and an
Underground Injection Control (UIC) permit, if required, shall be secured from
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the State Department of Health before the commencement of construction
activities.
P. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
Q. 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. 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. 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 Difeete in eensultation •+i +i ] 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 [14awaii] Hawaii Island Burial Council before detailed
mitigation plans are finalized for these sites. A copy of the approved Final
Archaeological Preservation and Burial Treatment Pian 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.
T. [Should afty femains of histefie sites, stieh as feek walls, teffaees,
,
wofk in
State Histafie Preservation Division (I)LNR S14PD) shall be iffifnediate4y
notified. Subsequent wafk shall pr-eeeed upon an afehaeole ieal elear-anee ffem
DLNR S14PD when it finds that stiffieient mitigation measufes have been .]
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.
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I I ted by the appheant, within ninety (90) days aftef the eff
." and County Gotineil to detefffline whieh
G "
publie
would be the feeipient of this sehool site. The sehool site and any impfavemeffts
thefeon shall be eonveyed via lease to the identified feeipient for- $1.00 f0f the
dufation of the lease, with the undef standing that said entity of ageney would be
able to seeufe additional funds as may be neeessafy to have a sehool opened p6of
land and impfovements thefeoft shall be eafiveyed in f�e to the County of Hawaii
at no eost within thifty (30) days of the date of teffnination-.
Withifl sixty (60) days of the identifieation of the feeeiving ageney of entity, a-
submitted to the County Couneil f4 its feview and appfoval7.
!) prior-to the issuance of a building pefmit fef any residential of eommer-eial
S aCf. inird�Ga�it-
n-T—M.K. 7-5 17: 9 ariv TrT-M.. 5 17 Z23 a a J'l?hool
site to the State DOE of a DOF eeftified GG Y9,
publie
and b)pfovide the
stfuetufes on the subjeet site, make the neeessary on site land improvements f6f.
eonstfuetion of up to $600,000 of building of stfuetural impfavements as may be
muttially agreed to between the applieatA and the r-eeeiving ageney of entity
These impfavements are designed to f4eilitate the opening of a sehool prief to the
.]
[V]U. 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 rive year s ftom the e ffeetive date of this
tinge of zone ofdinanE , . -hieheve oeetif s ] Final Subdivision Approval.
The fair share contribution for each lot or unit shall be based on [a maximum
density f6f eaeh lot as detefmined by the zoning resulting ffem this ehange 0
zone] 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 (FICPI). The fair share
contribution shall have a maximum combined value of[$6;286:86] $9,645.1.7 per
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multiple family residential unit [($9; 74:44)] ($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:
1. [$3„� x.271 $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. [$965] $150.37 per multiple family residential unit ([$224:981 $349.65
per single family residential unit) to the County to support police facilities;
3. [$2962] $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. ] $206.16 per multiple family residential unit ([$ 94:55] $302.36
per single family residential unit) to the County to support solid waste
facilities; and
5. [$2,.� 617.7T] $4,068.41 per multiple family residential unit ([$ ,'�-. 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. [Relative to the..o,,uife.-,.eats f the
sehool as outlined in Gandition U, thevaltie of land whieh shall be based on the
utility)to the subjeet site, and the east of site pr-epar-a4iaii f6f the seheal
eenstfuetion of any stfuetur-es on the subjeet site shall be er-edited against the
balance, if any, of the pafk and feer-eation faif shafe of this ofdinanee and/of aff
.]
This condition shall not applyty housing units constructed within the subject
property to meet the affordable housing requirement in Chapter 11 (Housing),
Section 114(b), Hawaii 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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i
[W]V. 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] W. [To ensufe tha4 the Goals and Polieies of the Housing Element
,
affefdable hatising plan shall be approved by the County Housing Ageney pfief to
housiflg fequifement shall be met by the pfavision of affor-dable housing onsite
and not by use of any a&fdable housing efedits genefated off-site of by
liett fees. Ftifthef, as fepr-esented by the
a minimum of twenty 120'
,
pefeent of the units will be rented at the 0 of less than median inee...
and the r-emaining at the 0 of less than median ineeme level. Aft;3fdable
housing efedits in exeess of the b -'nent outlined in Chapter 11, Aftiel-e
1, Hawaii County Code, shall b e4l-ditpd tA tL
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 the Affordable Housing Policy.
Compliance shall be memorialized in an affordable housing agreement which
shall be approved by the Administrator of the Office of Housing and Community
Development 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 through use of any affordable housingcredits
generated off site or by any in-lieu fee. Further, as represented b. t� he applicant, a
minimum of 20 percent of the affordable units shall be rented at 80 percent or less
than the average median income (AMI), and the remaining units at 120 percent or
less than the AMI.
X. 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,
a Conceptual Master Plan(Plan) incorporating the subject property
the adjoining property identified TMK: 7-5-017: 001 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, 1
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.
2. Within sixty (60„)days of the Planning Director's acceptance of the
Conceptual Master Plan, consisting of confirmation that the Plan
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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.
Y. 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.
[Y]Z. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
[Z]AA.[Aii initial extension of time far the peffofmanee of eanditions within this
ordinanee may be granted by the Difeetef upon the following . j
and that n of the result of theif fault . .7ligenee
2. Gfai4ing of the time extension would not be eentfar-y to the General Plan
of Zoning Code.
3. Gfanting of the time extension would not be eentfafy to the original
4. The time extension shall be f6f a pefied not to exeeed the pefiod original!),
gf ntedfor-peff^ �� '°tie to be per-f ed withi�eyear
��� sem � -o -�
fflay be extended faf up to one additional year-).
-S-.] If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the Leeward
Planning Commission and County Council for appropriate action.
[AA]BB. 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.
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SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored.
SECTION 3. [In the event that any pai4ion of this ofdinanee is deelafed ifivalid, sideh
invalidit�, shah not a ff et the othe.Naffs of this efdinaneo ] 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.
INT UCED BY:
COUNCIL MEMB R, COUNTY OF HA-API-'I
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1078.3
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AMENDMENT TCS 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 Date:September 29,2004
EXHIBIT "A" (SUFFOLK INV., LLCA 152)
FOR REFERENCE ONLY