HomeMy WebLinkAboutORD 2021-001 2020-2022oJ�tY of Mow
COUNTY OF HAWAII _}
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ORDINANCE NO. 21 1
STATE OF HAWAII
BILL NO. 200
(DRAFT 3)
AN ORDINANCE AMENDING ORDINANCE NO. 05 115 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL — FIVE ACRES (A -5a) TO NEIGHBORHOOD COMMERCIAL
(CN -20) AT PUAPUA`AIKI 1 IT AND PUAPUA`ANUI 1 IT, 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[I 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.
IC
"FFIlieant shall submit the ant%ix%e1ixPJ"AtL%e%dL
the effeefive date of this ofdinanee. The
.] 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 [h ]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 [amended]
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.
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1 .] An updated
Traffic Impact Analysis Report (TIAR) or Traffic Assessment (TA) shall be
submitted to the State Department of Transportation for its review and approval
prior to issuance of Final Plan Approval. The updated TIAR or TA shall also take
into consideration the project's impact on Puapua`anui Street and other signalized
intersections within a mile of the Puapua`anui intersection 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 [Hawaii] 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
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approval of the Department of Transportation. Said improvements[, P]US fh(
,] shall be
completed prior to the issuance of a certificate of occupancy for non-residential
structures or final inspection of any residential structures.
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 [I4ai] 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 ["]I" or an alternative location approved bX
the County Department of Public Works to the main project intersection,
including bridging the floodway, to County dedicable standards, and from
"Easement P] 1" to the southerly or Kuakini HighwaX 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-wayspine road differ from
"Easement 1," 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 right turn deceleration lane shall be provided on Kuakini
Highway at the "Easement 1" access road approach or at an alternative location
91
approved . .... by the County De artment of Public Works. The access shall align with
the opposing entry to Kahakai Estates Subdivision. 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 [efl 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 60 -foot wide right-of-way and if accepted by the County, a
bike path, prior to issuance of a certificate of occupancy[. The] 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
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 [easeffieti ]
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.
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drainage study shall be prepared by professional civil engineer licensed in the
State of Hawai `i 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 [their] its review and approval.
O. No residential or commercial structures shall be constructed within areas
designated "AES" "AEF," or ["shaded" Zone
"V"] "XS" by Flood Insurance Rate
Maps (FIRM) as amended by an 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.
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
61
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.
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 Plani if required, shall be submitted for the review and approval of the
[ ��r x„ 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 [14a ] 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 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. [Should any
romnir�c. o terin ci+oc. "LiVC-1 IATAIIc. +orrnnocr r.ln+�i rmS
1 ills , , , err
DhNR S14PD when it finds tha4 suffieient fnitigg imeastifes 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 durin4 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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would be the r-eeipient of this sehoe! site. The sehool site a.:LnLc-1. ABLY.' ffients
%.A.L&A&J N-11. ageneywould be
able to seeufe additional funds a -,q may neeessafy to have a sehool Apened pricir
to Of in ion with the issuanee of a fesidential oeeupaney permit
,III the
land and iffl.1nr.-Ou
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.7 k-30, da., of the date of tefminatioxflx. Withi.. -'-.7 kw-,/
sueeessofs
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fbr- any fesidential of ea
cc I]Wip»,
L-"/ Pfavide the neeesSLA.=,L, in4astfuetufe to the
"A, stfuettifes an the .Le, make the neeessafy
'VXXeafit and the
ffepefty.] As represented by the applicant, the applicant, successors or
assij4ns shall subdivide and submit for dedication five (5) contiguous acres of land
within TMK: 7-5-017: 023 to the County of Hawaii for a park or any other public
use as may be deemed appropriate by the County prior to issuance of any building
permit affecting TMK: 7-5-017: 001 or 019
W. 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 (HOPI). The fair
N
share contribution shall have a maximum combined value of [ 9104 104
L 71" 1-1 11-10 11 �]
$9,645.17 per multiple family residential unit ([$9,6'71.441 $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:
CA KAKI"P7A]
$33-9066 IL *2,7] $4,757.69 per multiple family residential unit Q4F-W,%Y%Y_Y 1 -W
$7,248.17, per single family residential unit) to the County to support park
and recreational improvements and facilities;
2. [$96.75] $15U.37 per multiple family residential unit .98 '224
(
Lw"'" I
per single family residential unit) to the County to support police facilities;
3. [S29 -T -Q] per multiple family residential unit ([$444.36]
per single family residential unit) to the County to support fire facilities;
4. [81-32-.65] per multiple family residential unit ([$194.55]
per single family residential unit) to the County to support solid waste
facilities; and
5. 1C1 K 1''. iPF'W 5 . I 1 1 $4,068.41 per multiple family residential unit ([$-Aw, IL 43 *811
$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 f I i ants faf
seheal as autlined in Condition 1'4-V,.aWe of land whieh shall be based on the
pef aefeniirp-Lp,�iQ --PtLia App];-` t eest of the inffastfuetufe.. (ri-Offi-A&
%-JIL EJJAUrYLIVT�
utixlity� to the site -,-and the eest of sittaw pff-tapp"a- --tion fef the seheal and
d feefea:tien faif shafe. The
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eenstfuetion of any stfuettifes an the sub,iteet, site shall be efedited.. A. g A" JE Rs' t the
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and
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The value of the five (5) contiguous acres of land to be dedicated to the County
shall be credited against the park and recreation fair share This condition shall
not apply to any housing units constructed within the subject property to meet the
affordable housing requirement in Chapter 11 Housing), Section 11-4(b�
Hawaii County Code, and so certified by the County Office of Housing and
Community Development, excluding any units constructed for excess housing
credits.
X. 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. 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. 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, Hawai `i County Code relating to Affordable Housing Policy. [mss
] 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 [by] through use of
any affordable housing credits generated offsite or by any in -lieu fees.
AA. The subject property shall be considered part of a future Neighborhood Transit
Oriented Development (TOD) site.
0
I . Prior to issuance of Final Plan Approval or Final Subdivision Approval, a
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.
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.
BB. 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 -.]CC. The applicant shall comply with all applicable County, State and Federal
laws, rules, regulations and requirements.
IMR.
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-5-.] 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.
[C-C—.]EE. 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 that any peftion of this ofdina-nee is deelafed invalid, stieh
V hall not aff-eet the., ] 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.
INTRO ED BY:
COUNCIL MEMBER, COUNTY OF HA AI`I
Hilo , Hawai `i
Date of Introduction: October 21, 2020
Date of 1 st Reading: November 18, 2020
Date of 2nd Reading: December 23, 2020
Effective Date: January 8, 2021
REFERENCE Comm. 1077.42 11
RM -5
RS -15
RS -7.5
A -1a
C -D
RM -5 .4
A -5a A -5a
AGRICULTQRAL (A -5a) RS -7.5
A -5a
TO NEIGHBORHOOD tOMMERCIAL (CN -20) A-53
14.971 Acs.
Queen Kaahurnanu Hwy.
4 11111s
Wy.
Kuakini Hwy
A.5a
Act :11; RM -5
I fell, i !!! P R.
A -5a
A -5a
R S41 0,
792.90 N CN -10
5a 5a
3,701.58 E A-A-R4J" t,
� 4 4"
"KAHELO"o, 1
';K
RS. 10
j.
A -5a r f
kniYA -1a AB
Hwy
RS40 P-
lotp st
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RS- oil II0
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RM -7 I
fKjmjj�IS
RS -1U\,
-!4
cv-fo a d
Ln
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A -5a U e i
RS -10 'R
RM -4 'I
A-ta 51
RM -2 I RS -7.5 PS' CV -7.5 CV -7.5 RM-
870 435 0 870 1 740 2610 J 480 4,350
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 I st AND PUAPUA'ANUI 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-017:001
EXHIBIT VIANI
�Il:��la�a:la►lq�1J►1�'I
Date: September 24, 2.004
(Puaa Development, LLCA146)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: Ashley L. Kierkiewicz (B/R)
Date Introduced: October 21, 2020
First Reading: November 18, 2020
Published: December 4, 2020
REMARKS: Postponed: November 6, 2020
Postponed: November 18, 2020
t
Second Reading:
To Mayor:
Returned: January 8, 2021
Effective: January 8, 2021
Published: January22, 2021
December 23, 2020
January 4, 2021
REMARKS.•
Draf t 2
UE t
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f
k
a � a
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Lee Loy
X
Poindexter
X
Richards
X
Villegas
X
9
0
0
0
Draf t 3
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Inaba
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
Lee Loy
X
Richards
X
Villegas
X
8
1
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. ------
COUNCIL C ERSON
Approve Yisapproved this ed) day
0 77&AyQ.✓yJ 20V COU RK
MA YOR, CO UNTY OF HA WAI `I
Bill No.: 200, Draft 3
Reference: C-1077.42/PC-56
Ord No.:
2x 1