HomeMy WebLinkAboutBIL 169 Draft 01 2022-2024 •CO. .OF..ii C.
COUNTY OF HAWAI'I -•f6�:,�,= ' _• STATE OF HAWAI'I
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BILL NO. 169
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 02-131, WHICH AMENDED
ORDINANCE NOS. 97-99, 94-34, 93-26, 91-96, 90-62, 88-4, 84-42, AND 84-23, WHICH
RECLASSIFIED CERTAIN LANDS FROM UNPLANNED (U) TO MULTIPLE-FAMILY
RESIDENTIAL—5,000 SQUARE FEET (RM-5)AND SINGLE-FAMILY RESIDENTIAL—
15,000 SQUARE FEET (RS-15) AT HOLUALOA 1 AND 2,NORTH KONA, HAWAI`I,
COVERED BY TAX MAP KEY: 7-6-021:004, 009-013, AND 015-017.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Ordinance No. 02-131 is amended to read as follows:
"SECTION. 2 [These changes in district classification are conditioned upon the
following:] The following amendments to Ordinance No. 02-131 shall apply only to Tax Map
Key Nos. 7-6-021:016 and 017, consisting of a total land area of 67.162 acres. In accordance
with Section 25-2-44, Hawai`i 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.
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the State Department of Health, and the Division of Water and Land Development of
the State Department of Land and Natural Resources, that a water source of sufficient
ben rtea by the Plan inn Director with reasonable and sufficient justification;
and(2)an agreement, accompanied by an appropriate surety bond or other acceptable
-it . „te.a witl the Dep,, ter Supply f r the ae ua develop e.-,t
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extension to the one year time limit may be granted by the Planning Director with
water commitment for the proposed development;
until condition A has been complied with;
ordinance if conditions A or B have not been complied with;
(D) the petitioner, its assigns of successors, shall be responsible for complying with all
conditions of approval;
(E) the zoning for the 49± acres designated by the State r an Use Co,,.,..,,ission s its
second zoning increment shall not become effective until that land is certified by that
commission to be within the Urban District;
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(F) the RS zoned area shall be developed in two increments. The first increment shall
consist of a maximum of 59.5± contiguous acres, and the second, the remaining
area, The effective date of zoning for the second increment shall be after
development has occurred in the first increment, as determined by the Planning
D ccter e�=men " s the plicant h s c rioted the site an „ff site
improvements within the first increment of the RS zoned area and has dedicated the
roadway to the County;
(G) subdivision plans for the first increment of the RS zoned area shall be submitted
w one yeanrem-t-he-e c =e date of the Final subdivision approval
(H) the RM zoned area shall be developed in two increments. The first increment shall
consist of a maximum of 42 acres of the Multiple Family Residential zoned land
improvements of the first increment of the RM zoned area and has dedicated the
improvements to the County;
(I) plans for the development within the first increment of the RM zoned area shall be
submitted to the Planning Department and final plan approval secured within five
years from the effective date of this sixth amendment. Construction shall
commence within one year from the date of receipt of final plan approval and be
completed within three years thereafter;
(J) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance;
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condition imposed by the State Land Use Commission. The number of units and
manner in which they are to be provided shall meet with the approval of the Hawaii
County Housing Agency;
(L) improvements to the intersections with Kuakini Highway and the Kuakini Highway
Transportation, Highways Division. The intersection improvements shall be
constructed concurrently with the development of the first increment of the RS or
RM ea ., ,.hie ever o s first;
(M) no direct access shall be provided for the lots within the RS zoned area from the
mauka makai collector road;
„t within the 1?M ea area shall be_cov.st ueted to
dedicable standards with curbs, gutters, and sidewalks meeting with the approval
of the Department of Public Works and shall be dedicated to the County of
Hawaii upon completion. Where a roadway crosses a zone line or if a zone line
the entire right of the way and shall continue to the nearest intersection in order to
avoid telescoping and to provide consistent improvement;
fP„blic Works ,..1 hall be dedicated to the
�e e��-e ��-�-o�a���=� o .. County of Hawaii upon
completion;
(P) the method of sewage disposal shall meet with the approval of the appropriate
governmental agencies;
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(Q) a drainage master plan shall be submitted to the Department of Public Works for
revi na a r r o issuance e f n ub,li< plan roytals. - lze plan
shall include, as a minimum,hydrological and hydraulic calculations for all
components of the drainage system, a construction timetable for all elements of the
system, and an analysis of downstream impacts. Further, mitigating measures as
approved by-theDept`rtment e f P„blic Works shalltczl ve taken to eliminate a
Lam impacts;
(R) an intensive archaeological survey shall be conducted for the entire property and a
=cp,rt shall be ,bmitted to the Plm g De artment prior+o ef-
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subdivision or plan approvals;
activities, work shall immediately stop and the Planning Department notified. Work
shall not resume in the affected area until clearance is given by the Planning
Department;
(T) prior to the Final Approval of the second increment, the applicant, its successors of
assigns shall pay for any additional real property taxes owed for the new
residential assessed value of the subject property which was previously taxed at
the agricultural rate; and
may be granted by the Planning Director upon the following circumstances:
+b r f e s the „lt of n nditions +hat l,l t have bee
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and that are not the result of their fault or negligence;
b. granting of the time extension would not be contrary to the general plan or
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zoning code;
c. granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone;
d. the time extension granted shall be for a period not to exceed the period
withi ea b €xte-nded tciv a «l
.v 1 cazllr vili�-'mac- t171�rte xxf�"acj;-c'�nd
c. if the applicant should require an additional extension of time, the
Pl.,,,, ing Director shal s„t.m t the ri;,.a is est to the r,.0 t..
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Council for appropriate action. Further, should any of the conditions not
be met or substantially complied with in a timely fashion, the Director
„, ezening-ewe—area to s-original-or more—apprepriate
designation.]
A. The applicant(s), its successor(s), or assign(s) ("Applicant") shall be responsible for
complying with all of the stated conditions of approval.
B. The Applicant shall comply with all conditions of approval of the State Land Use
Commission's Decision and Order (Docket No. A83-549) dated January 26, 1984.
C. 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.
D. Prior to receipt of Final Plan Approval for each phase of the development, the
Applicant shall submit the anticipated maximum daily water usage calculations as
prepared by a professional engineer licensed in the State of Hawai`i to the
Department of Water Supply (DWS)to ensure that total water usage will not exceed
its allocation.
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E. The Applicant is required to submit water system construction plans prepared by a
professional engineer, registered in the State of Hawai`i, for Department of Water
Supply (DWS) review and approval. Furthermore, the Applicant is required to
construct applicable water system improvements designed to deliver water at
adequate pressure and volume under peak-flow and fire-flow conditions in
accordance with the Water System Standards and the Rules and Regulations of the
DWS.
F. The Applicant shall implement any improvements required by the Fire Department
and/or Department of Water Supply to ensure that fire protection requirements can be
met for RM zoning.
G. Construction of all phases of the proposed development, as substantially represented by
the Applicant, shall be completed within ten(10)years from the effective date of this
ordinance. Prior to commencing construction of each phase,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), Hawaii County Code.
Plans shall identify all proposed structures, fire protection measures, landscaping,
signage,paved driveway access and paved parking stalls, outdoor lighting (if any), and
other improvements associated with the proposed development. Landscaping shall 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). The Applicant shall comply with landscaping
requirements for RM zoning.
H. 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 for each phase.
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I. 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.
J. All development generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. Prior to receipt of Final Plan Approval,that applicant
shall submit a drainage master plan to the Department of Public Works for review and
approval. The plan shall include, as a minimum, hydrological and hydraulic calculations
for all components of the drainage system, a construction timetable for all elements of the
system, and an analysis of downstream impacts. Further,mitigating measures as
approved by the Department of Public Works shall be taken to eliminate any downstream
impacts. Any recommended drainage improvements shall be constructed meeting with
the approval of the Department of Public Works prior to issuance of a Certificate of
Occupancy for the first phase.
K. The Applicant shall comply with Chapter 27, Flood Control, of the Hawai`i County
Code.
L. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawai`i County Code.
M. Access to the Queen Ka`ahumanu Highway (Route 11) shall be limited to a single
access point consisting of a full movement channelized intersection, the location and
construction of which shall meet with the approval of the State Department of
Transportation prior to the issuance of Certificate of Occupancy for the first phase.
Furthermore,the applicant shall coordinate with the State Department of
Transportation and provide any mitigation measures that may be required, including
any pro-rata contributions, related to the state highway improvements directly related
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to traffic generated by development of the property. Part of this coordination shall
include providing the Department of Transportation with a 10-year development
schedule showing the phases,number of units, and the associated transportation
improvements to be completed before occupancy of each phase.
N. Prior to the issuance of a Certificate of Occupancy for any dwelling units within the
development,the Applicant shall construct the following roadway improvements to
County dedicable standards for a minor collector road and dedicate the
improvements to the County: 1)the segment of Leilani Street situated within the
project site, which will stub out at both the north and south project boundaries; 2)
extend Kekuanao`a Place from its existing terminus within the Kona Vistas
Subdivision northward to stub out at the northern project boundary; and 3) a mauka-
makai roadway from Queen Ka`ahumanu Highway to the Kekuanao`a Place
extension. Unless otherwise allowed by the Department of Public Works to address
topographical and drainage constraints within the project site, the mauka-makai
collector road shall be constructed as a continuous linear roadway.
O. The following plans/documentation shall be submitted for the review and approval of
the State Department of Land and Natural Resources—State Historic Preservation
Division and implemented prior to the issuance of any land alteration permits: 1) An
archaeological monitoring plan for all initial ground disturbing activities that meets
the requirements of HAR §13-279-4; 2)An archaeological preservation plan for Site
50-10-37-30592 and Site 50-10-37-31254 that meets the requirements of HAR §13-
277; and 3) Written and photographic documentation verifying implementation of
interim protection measures for Sites 50-30-37-30592 and 50-10-37-31254. Any
interim and permanent buffers associated with preservation plan shall be depicted on
any site plans for Final Plan Approval or other land alteration permits.
P. The Applicant shall implement all requirements of the Burial Site Component of a
Preservation Plan accepted by the State Historic Preservation Division on August 19,
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2022. All interim and permanent buffers associated with the burial site shall be depicted
on any site plans for Final Plan 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 site.
(� The former burial site (Site 50-10-37-10012) shall be flagged for preservation in the form
of avoidance and the previous site location shall be monitored if construction activities
occur near that location. The former burial site shall be depicted on any site plans for
Final Plan Approval or other land alteration permits.
R. 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 the State Historic Preservation Division when it finds
that sufficient mitigation measures have been taken.
S. To address potential impacts to endangered or threatened species that may traverse the
project site,the Applicant shall implement mitigation measures recommended in the
Botanical Survey and Vertebrate Fauna Assessment, TMK 3-7-6-21: parcels 16, 17, 18 &
19 (78.324 acres)North Kona District, Island of Hawai`i, included as part of the
environmental assessment for the project.
T. Pursuant to Hawai`i 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 site if required by the State Civil Defense/State of Hawai`i Emergency
Management Agency (HIEMA)prior to issuance of a Certificate of Occupancy for any
phase of the project.
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U. The Applicant(s) 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 Subdivision Approval or Final Plan Approval, whichever is applicable. The fair
share contribution shall be based on the actual number of residential units or lots 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$10,033.83 per multiple family residential unit and
$15,636.59 per single family residential unit). The total amount shall be determined by the
actual number of units or lots 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. $4,949.40 per multiple family residential unit and$7,540.24 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
2. $156.43 per multiple family residential unit and$363.74 per single family residential
unit)to the County to support police facilities;
3. $481.18 per multiple family residential unit and$718.44 per single family residential
unit)to the County to support fire facilities;
4. $214.47 per multiple family residential unit and$314.54 per single family residential
unit)to the County to support solid waste facilities; and
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5. $4,232.35 per multiple family residential unit and$6,699.63 per single family
residential unit)to the County to support road and traffic improvements.
In lieu of paying the fair share contribution,the Applicant(s)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 pursuant to Section
2-162.1(a) of Hawai`i County Code. The cost of the highway intersection improvements
required in Condition M shall be credited against the sum specified in Condition U for
road and traffic improvements.
V. 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.
W. The Applicant shall comply with Condition A of the State Land Use Commission's
Decision and Order(Docket No. A83-549) dated January 26, 1984. To meet this
condition the Applicant shall provide ten percent (10%) of the total dwelling units
constructed onsite (inclusive of 215 units in Kona Vistas Subdivision and any
additional units to be developed on the project site) at affordable rates pursuant to an
affordable housing agreement with the Office of Housing and Community
Development unless the Decision and Order is amended. Units developed pursuant
to this condition shall be applied towards satisfaction of Condition X.
X. 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 the Affordable Housing Policy for the
subject 67.162-acre project site. This requirement shall be approved by the
Administrator of the Office of Housing and Community Development prior to
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issuance of Plan Approval and the affordable housing agreement shall be
implemented prior to occupancy of any unit in each phase.
Y. The Applicant shall comply with all applicable County, State, and Federal codes, laws,
rules,regulations, and requirements for the proposed development.
Z. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the enactment of this amended 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 Director, acknowledges that further
reports are not required.
AA. If the Applicant should require an additional extension of time,the Planning Director
shall submit the Applicant's request to the County Council for appropriate action.
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."
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
11j 41 . / fR
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 896
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