HomeMy WebLinkAboutBIL 112 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-13 (PUAKŌ-ʻANAEHOʻOMALU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM OPEN (O) AND MULTIPLE-FAMILY RESIDENTIAL (RM-8) TO MULTIPLE-FAMILY RESIDENTIAL (RM-6) AND SINGLE-FAMILY RESIDENTIAL (RS-10) AT WAIKOLOA, SOUTH KOHALA, HAWAI‛I, COVERED
BY TAX MAP KEY: 6-9-008:021, POR. 027, POR. 028 AND POR. 031.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 25-8-13, Article 8, Chapter 25 (Zoning) of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area (Area 7) situated at Waikoloa, South Kohala, Hawai‘i, shall be Multiple-Family Residential (RM-6):
AREA 7
Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUʻU HINAI” being 8,289.79 feet North
and 33,301.35 feet West and thence running by azimuths measured clockwise from True South:
1. 283º 43' 45'' 21.11 feet along Lot 1 of Mauna Lani Resort – Na Ala Hele Road Subdivision (File Plan 2401);
2. 242º 09' 03'' 2,698.65 feet along Lot 1 of Mauna Lani Resort – Na Ala Hele Road Subdivision (File Plan 2401);
3. 330º 42' 207.67 feet;
4. 75º 27' 194.15 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
5. 37º 30' 67.46 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
6. 19º 24' 56.15 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
7. 47º 03' 57.54 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
8. 13º 00' 55.71 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
9. 39º 45' 49.80 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
10. 53º 06' 105.95 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
11. 70º 58' 105.89 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
12. 48º 18' 74.51 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
13. 32º 26' 95.34 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
14. 58º 31' 85.34 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
15. 54º 41' 103.46 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
16. 6º 24' 59.18 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
17. 66º 27' 297.54 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
18. 57º 53' 338.31 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
19. 46º 38' 170.56 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
20. 139º 38' 76.23 feet along Lot 14 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
21. 61º 29' 102.00 feet along Lots 14 and 10 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
22. 78º 50' 409.00 feet along Lot 10 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
23. 72º 50' 491.00 feet along Lot 10 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
24. 63º 40' 230.47 feet along Lot 10 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
25. 209º 36' 49.67 feet along Lot 9 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
26. 204º 40' 84.88 feet along Lot 9 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
27. 207º 27' 165.57 feet along Lot 9 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
28. 212º 30' 82.34 feet along Lot 9 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424) to the point of beginning and containing an area of 22.238 Acres.
The district classification of the following area (Area 8) situated at Waikoloa, South Kohala, Hawai‘i, shall be Single-Family Residential (RS-10):
AREA 8
Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUʻU HINAI” being
9,545.44 feet North and 30,894.75 feet West and thence running by azimuths measured clockwise from True South:
242º 09' 03'' 669.56 feet along Lot 1 of Mauna Lani Resort – Na Ala Hele Road Subdivision (File Plan 2401);
332º 09' 03'' 401.64 feet along Lot 2 of ʻĀinamalu at Waikoloa Beach Resort Large Lot Subdivision (File Plan 2503) and Lot 7 of ʻĀinamalu at Waikoloa Beach Resort, Increment 1 (File
Plan 2502);
86º 30' 187.94 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
75º 27' 506.67 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
150º 42' 465.03 feet to the point of beginning and containing an area of 4.449 Acres.
The district classification of the following area (Area 9) situated at Waikoloa, South Kohala, Hawai‘i, shall be Multiple-Family Residential (RM-6):
AREA 9
Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUʻU HINAI” being 7,953.10 feet North
and 33,481.87 feet West and thence running by azimuths measured clockwise from True South:
1. 243º 40' 230.47 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
2. 252º 50' 491.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
3. 258º 50' 409.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
4. 241º 29' 102.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
5. 319º 38' 76.23 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
6. 226º 38' 170.56 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
7. 237º 53' 338.31 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
8. 246º 27' 297.54 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
9. 186º 24' 59.18 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
10. 234º 41' 103.46 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
11. 238º 31' 85.34 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
12. 212º 26' 95.34 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
13. 228º 18' 74.51 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
14. 250º 58' 105.89 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
15. 233º 06' 105.95 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
16. 219º 45' 49.80 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
17. 193º 00' 55.71 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
18. 227º 03' 57.54 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
19. 199º 24' 56.15 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
20. 217º 30' 67.46 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
21. 255º 27' 194.15 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
22. 330º 42' 257.36 feet;
23. 49º 13' 69.98 feet;
24. 30º 41' 56.39 feet;
25. 50º 41' 59.65 feet;
26. 42º 00' 52.72 feet;
27. 17º 48' 46.73 feet;
28. 354º 13' 50.98 feet;
29. 49º 15' 9.31 feet;
30. 65º 59' 454.40 feet;
31. 55º 32' 282.54 feet;
32. 61º 16' 377.75 feet;
33. 70º 51' 65.21 feet;
34. 80º 17' 103.03 feet;
35. 77º 22' 103.47 feet;
36. 46º 53' 140.42 feet;
37. 51º 45' 30'' 60.04 feet;
38. 47º 40' 37.79 feet;
39. 58º 36' 61.79 feet;
40. 81º 04' 157.28 feet;
41. 82º 12' 192.35 feet;
42. 65º 59' 451.86 feet;
43. 82º 23' 510.41 feet;
44. 219º 04' 44.72 feet along Lot 9 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
45. 209º 36' 151.42 feet along Lot 9 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424) to the point of beginning and containing an area of 16.353 Acres.
The district classification of the following area (Area 10) situated at Waikoloa, South Kohala, Hawai‘i, shall be Single-Family Residential (RS-10):
AREA 10
Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUʻU HINAI” being 9,364.34 feet North
and 30,793.12 feet West and thence running by azimuths measured clockwise from True South:
1. 255º 27' 506.67 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
2. 266º 30' 119.36 feet along Lot A of Waikoloa Beach Resort – King’s Course Resubdivision No. 1 (File Plan 2464);
3. 35º 30' 43.50 feet;
4. 12º 07' 80.91 feet;
5. 3º 44' 95.43 feet;
6. 357º 09' 40.79 feet;
90º 44' 116.04 feet;
83º 55' 46.89 feet;
9. 58º 39' 121.21 feet;
71º 27' 61.68 feet;
90º 17' 55.87 feet;
68º 14' 61.02 feet;
13. 150º 42' 257.36 feet to the point of beginning and containing an area of 2.892 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or
Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to:
Protection of the public from the potentially deleterious effects of the proposed use, or
Fulfillment of the need for public service demands created by the proposed use.
The applicant(s), its successor(s) or assign(s) (Applicant) shall be responsible for complying with all of the stated conditions of approval.
The Applicant shall comply with all conditions of the State Land Use Decision and Order (Docket No. A89-637) or any amendments thereto and concurrent SMA Use Permits.
Prior to construction, as substantially represented by the Applicant, or as permitted by its zoning district classification, the Applicant shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai‘i County Code.
+/-9 acres (including a minimum of 6 acres of natural lava, which may include portions of the RS-10 zoned area), shall be set aside for open space as natural or renaturalized lava, as
conceptually represented in the Applicant’s conceptual plans.
Puakala Place shall be extended to the adjacent property to the north within the existing right-of-way easement, which may be adjusted to accommodate topographic or development requirements.
This minimum resort standard road shall be constructed meeting with the approval of the Department of Public Works and in conjunction with any development within the area requiring
access from Puakala Place, but in any event no later than completion of a road on the adjacent property to the north or prior to the issuance of a certificate of occupancy of any unit
within the Kumu Hou at Waikoloa project. Said roadway, upon completion, shall be available for public use.
All project utilities shall be underground.
The applicant shall secure necessary potable water from the Waikoloa Water System through the execution of an extension agreement and payment of a Contribution in Aid of Construction
fee and meeting with the standards of the appropriate governmental agencies prior to issuance of a building permit for any use in the Kumu Hou Project Area.
All residential and timeshare operations facilities shall connect to the Waikoloa Beach Resort Wastewater Treatment Plant, meeting with the approval of the appropriate governmental agencies.
As represented by the Applicant, all development related wastewater shall be treated to an R-1 (tertiary) water quality standard and shall be used for irrigation of landscaping or other
beneficial reuse to the maximum extent feasible.
The interior roadway requirements for the Kumu Hou Project District may be designed to resort standards as allowed by the Subdivision Code.
The Applicant shall disclose to all potential buyers of lots or units within the proposed project that internal infrastructure and community facilities shall be developed and maintained
privately and that the County is not obligated to construct any public facilities within the project area.
All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer
and submitted to the Department of Public Works for review and approval prior to issuance of Final Plan Approval for any phase of the project. Any recommended drainage improvements,
if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy for any structure.
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai‘i County Code.
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.
The Applicant shall comply with the State Department of Health’s regulations and rules related to, but not limited to, Underground Injection Systems, Air Pollution, Food Establishment
Sanitation, Water Quality, and Community Noise.
A Solid Waste Management Plan shall be prepared and submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval.
Approval of an archaeological inventory survey of the Kumu Hou Project District area shall be secured from the Department of Land and Natural Resources - State Historic Preservation
Division (DLNR-SHPD) prior to issuance of Site Plan Approval for any phase of the development.
Approval of an archaeological preservation plan addressing the preservation, maintenance agreements and updated preservation treatments along a portion of the Ala Loa (Forerunner) trail
in proximity to “Area A” of the Kumu Hou at Waikoloa project or as otherwise may be required by an approved AIS, shall be secured from the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR-SHPD) prior to issuance of Final Plan Approval for any phase of the development. Approved buffer areas shall be depicted on any site plans
for Final Plan Approval, subdivision approval, or other land alteration
permits. Interim preservation measures shall be in place prior to the initiation of any construction or land disturbance activity in the project area.
In the 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, the applicant shall 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.
Pursuant to Hawaiʻi County Code, Section 25-2-46(o) (Concurrency Requirements) the applicant shall provide a civil defense siren and associated maintenance access easements within the
project area as required by the State Civil Defense prior to issuance of a Certificate of Occupancy for any phase of the project.
The subject property is identified as a Formerly Used Defense Site (FUDS) by the U.S. Army Corps of Engineers, who will manage the investigation, clean-up and long-term monitoring on
lands formerly used as an artillery firing range. For more information, please contact Honolulu District Public Affairs, US Army Corps of Engineers 808-835-4004/4002, http://www.poh.usace.army.mil/
Missions/Environmental/FUDS.aspx or www.poh.usace.army.mil.
The Applicant, shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal
facilities and roads. The fair share contribution shall not apply to the 264 multi family residential timeshare units. The fair share shall
become due and payable prior to receipt of Final Subdivision Approval for each phase. The fair share contribution for each lot 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 $15,057.57 per single family residential unit or lot. The total amount shall be determined by the actual number of units according to the calculation
and payment provisions set forth in this condition. The fair share contribution per single family residential unit or lot shall be allocated as follows:
1. $7,261.03 per single family residential unit or lot to the County to support park and recreational improvements and facilities;
2. $350.27 per single family residential unit or lot to the County to support police facilities;
3. $691.83 per single family residential unit or lot to the County to support fire facilities;
4. $302.89 per single family residential unit or lot to the County to support solid waste facilities; and
5. $6,451.55 per single family residential unit or lot to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant, successors, or assigns 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.
Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited
towards the requirements of the Unified Impact Fees Ordinance.
Comply with all other applicable County, State and Federal laws, rules, regulations, and requirements of affected agencies for approval of the proposed development within the subject
property.
An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this ordinance. The report shall include, but not be limited to,
the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have
been satisfied and the Planning Director acknowledges that further reports are not required.
Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate
designation.
SECTION 3. 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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI‘I
, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: