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HomeMy WebLinkAboutORD 2021-001 2020-2022oJ�tY of Mow COUNTY OF HAWAII _} rE of Nor+ 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. -ter - \ _ -- -- -/, -.. vv vV-- Vv "X%, L N.1 L111V111 V1 11",LJ`1 1V1 l"v`LDIZ 1-urr 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 K 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. IFIlo-w5l."To V a Nogg a IPA,* W_ VA MIM "am a 0 &`Rla a MMVA R Ovagorgi a tWJJLV"z=0,ffo 4 KIRLV i.= GO 4110 tVA M LWAM A Ask MEA I 5LG GM%1V qVA a 8 fa FMM 51V -'M% W%W" a KDA VaROMMIF: "MOMM"AINC a 11WIV GO IMS 001 ILMMAN LqMA'Mdl 1) O&V WO 4 MAMA I war 0 M M 0 Rr.WMLV WvIra A • a V9 PMUK a LM�M 5 a MLVA GO 0119 1 VA 6 ILVAM Pan &ALVA a Lv%�% 6 %.-M413 M1WnXVk & M�IMIM_• MIKO 14RAWA ILVAL*AOG MIMI save am �VA =04 8 WAME IMMAIN V048 LV 9 61LWLv=VALWJ as@ sow Is V. PCITUFUMNl! 'La ILW VIONaWkWAP-W WO• I! effients .] A 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. 6 M.. IMMINW. — . .. . . . . - • .. V& 1b i. IN dMEDIVA-WA Y - Y — .• — . • • • . . • . . 6 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 .'. .7 k-30, da., of the date of tefminatioxflx. Withi.. -'-.7 kw-,/ sueeessofs >> , 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 c- L6N eenstfuetion of any stfuettifes an the sub,iteet, site shall be efedited.. A. g A" JE Rs' t the 71Tif7 �[-�t77 t 1� andf eef eatio 1 fait [�� 111`0 1+0 !`11111+A 1^. 11 �' fef T.M.K. � /1 IL / ` 17: / 23 and 26.] 4� ] 1 ►.1V11 1C.L11 Jll{,{.1� 1t+l�hill �/I 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. --- INAMmUff"Effe- WINIAOILV-- -- ONELVANNIEfffWAL P - :-: : ' NAME I .. 10 .. :: . - - - •� �" .' '. : - .. .. ... �:i7 -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 *Akoa St. RS- oil II0 R -to RM -7 I fKjmjj�IS RS -1U\, -!4 cv-fo a d Ln L 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 �" g' 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