HomeMy WebLinkAboutCOM 0896.003 2022-2024Dr. Holeka Goya Inaba
Council Member, District 8, N. Kama
Office: (808) 3.23-4.280
Eraaail: boleka. irtaba@lra►vaiicounly. gov
HAWAI`I COUNTY COUNCIL J �,
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Counfy of Halvai'i ..._ — (_-!
West Hmvai'i Civic Center, Bldg. A
74-5044 Ane Keohokalole Hhvy. i 'a
Kailua-Kona, Hawaii 96740 = C) {
DATE: June 4, 2024
TO: Heather L. Kimball, Chairperson
and Members of the Hawaii County Council
FROM: Dr. Holeka Goro Inaba, Council Member
Council District 8
SUBJECT: Proposed Amendments to Bill No. 169; 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, HAWAPI, COVERED BY TAX MAP KEY: 7-6-021:004, 009-
013, AND 015-017.
Transmitted herewith are proposed amendments to Bill No. 169. The proposed amendments are
shown below in Ramseyer format with respect to the contents of Bill No. 169; material to be
deleted is bracketed and stricken, material to be inserted is underscored.
1. SECTION 1 of Bill No. 169 is amended by amending Condition M to read as follows:
"M. [Aeeess] Direct _access from_the property to the Queen Ka`ahumanu Highway
(Route 11) shall be limited to a single access point consisting of a [€u11
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 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."
Comm. No. �)C(.3
Ref. To: ? L RC-
Hmvai'i Cola ly Is an Equal Opportunity Provider and Employer Chef. Mote _ JUN — 4 �I d
2. SECTION 1 of Bill No. 169 is amended by amending Condition P to read as follows:
44P,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,
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-projeet site] "
3. SECTION 1 of Bill No. 169 is amended by amending Condition W to read as follows:
"W. Affordable Housing Requirements. The Applicant shall comply with the
affordable housing requirements required by Chapter 11 of the Hawaii County
Code and ordered in Condition A of the State Land Use Commission's Decision
and Order (Docket No. A83-549) ("LUC Order") dated January 26, 1984. [To
meet this eendition flie Applieant shall provide ten peNent 0
Subdivision and any additional tinits to be developed on the project site) at
affordable rates pursuant to an affordable housing agreement. with the Offiee o
Wousing a lame iry De e n4 , „le s th eeision „i lfde
amended. Units developed ptifstiant to this eendition shall be applied towards
l . LUC Order Requirement: The Applicant shall offer for sale on a preferential
basis on its own or in cooperation with either or both of the Hawaii Housing
Authority or the County of Hawaii, ten percent (10%) of the lots or houses and
lots to be developed on the subject property, to residents of the State of Hawaii of
low those earning above fifty percent (50%) and up to eight L.percent(80%) of
the area median income and moderate those earnin above one hundred twgnly
percent (120%) and up to one hundred forty percent (140%) of the area median
income) family income as determined by the Hawaii Housing Authority or
Coun1y of Hawaii from time to time. As a result of the prior construction and
market rate sale of 215 units in the Kona Vistas Subdivision 22 affordable units
shall be constructed and offered for sale at the low and moderate income levels
prior to any sale of additional market rate units. Any future development of the
property will need to provide lots or houses and lots for sale to low and moderate
family incomes consistent with the LUC Order. The affordable lots or Douses and
lots shall be constructed and sold concurrently with any market -value units, All
units constructed and sold in accordance with the LUC Order shall be credited
towards the affordable housing requirements required by Chapter I 1 of the
Hawaii County Code.
2. Chapter 11 Requirement: 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
2
Affordable Housing Policy for the subject 67.162-acre proiect site. This
requirement shall be approved. by the Administrator of the Office of Housin and
Community Development prior to issuance of Plan Approval and the affordable
housing agreement shall be implemented prior to occupancy of any unit in each
phase.
3. Prior affordable housing agreements related to Ordinance No. 02-131 shall be
replaced or amended to reflect the conditions of this amended ordinance."
4. SECTION 1 of Bill No. 169 is amended by deleted Condition X:
w
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a
1 -
V Y
Y
1
Y M-
Y
Y
5. SECTION 1 of Bill No. 169 is amended by amending Conditions AA and BB to read as
follows;
"AA. [if the Applieant should-requre an addi-tienal e�itensia% of time, the
shall submit the ' .] If
the applicant fails to fulfill any conditions of this change of zone within the s ecified
time limitations the Planning Director or County Council may initiate the process for
enactment of an ordinance reverting the affected property back to its original zoning
designation or a more appropriate zoning designation in accordance with Section 25-
2-43 of the Hawaii County Code.
BB. [Should ., ..f the . nditiaii. not L,�,ot o „bstanfially eamplied with in ., timely
fashien, !he Planning Direeter may initiate w
ening of the area to its original Or More-
] An initial extension of time for the performance of
conditions within this ordinance may be re uested in accordance with Section 25-2-
44, subsections (c) and (d), of the Hawaii County Code."
A copy of the new draft of the bill that would result if these proposed amendments were adopted
is not attached, due to the limited scope of the amendments.
Thank you.
HGI:wpb