HomeMy WebLinkAboutCOM 0896.004 2022-2024Dr. Holeka Goro Inaba
Council Member, District 8, N. Kona
DATE:
TO:
FROM:
SUBJECT:
xAWAPI COUNTY COUNCIL
County of Hmvai'i
West Hmvai'i Civic Center, Bldg. A
74-5044 Ane Keohokalole My.
Kailtia-Kona, Hmvai'i 96740
June 4, 2024
Heather L. Kimball, Chairperson
and Members of the Hawaii County Council
Office: (808) 323-4280
Ena ail: holeka. inaba a ha►vaiicorrnty. gor
Dr. Holeka Goro Inaba, Council Member
Council District 8
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. [Aec ] Direct access from the property to the Queen Ka`ahumanu Highway
(Route 11) shall be limited to a single access point consisting of a [ft11
tit] 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 -rats
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. eN? '
Ref. To: PILARG
Hawai `i Coiuii), Is an Equal OpportunityPrrovideand E}ttployer Ref. Date JUN - 4 2024
2. SECTION 1 of Bill No. 169 is amended by amending Condition P to read as follows:
"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,
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 ,.fejeet site]."
3. SECTION I 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 I 1 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 Orden'') dated January 26, 1984. [To
meet this eendition the Applioant shall provide ten pereent a of thet
dwelling tinits eenstr-tieted eosite (iReftisiye of-215 units iii Kona Vistas
Subdivision and any additional units to be developed on the projeet site) at
,,d Order- is
amended. Units developed pursuant to this eondition shall be applied toward
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 propegy, to residents of the State of Hawaii of
low (those earning above fifty percent (50%) and up to eighty percent (80%) of
the area median income) and moderate (those earning above one hundred twenty
percent 120% and up to one hundred fogy percent 140% of the area median
income) family income as determined by the Hawaii Housing Authority or
County 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 aLiy sale of additional market rate units..Any fixture development of the
ro er 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 houses and
lots shall be constructed and sold concurrently with apy market -value units. All
units constructed and sold in accordance with the LUC Order, with the exception
of the twenty-two (22) affordable units required by the Kona Vistas Subdivision,
shall be credited towards the affordable housing requirements required by Chapter
I 1 of the Hawaii Count
2. Chapter 11 Requirement: To ensure that the Goals and Policies of the Hoq n
Element of the General Plan are implemented, the Applicant shall comply with
0j
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 a roved b the Administrator of the Office of Housing and
Community Develo pent 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:
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5. SECTION 1 of Bill No. 169 is amended by amending Conditions AA and BB to read as
follows:
"AA. [if the A ppl ,t shotil`jd iequive-ati additional extension of time, the Planning Di eto
shall stibfflit the ' .] If
the applicant fails to fulfill any conditions of this change of zone within the specified
time limitations the Planning Director or Coun!y Council may initiate the process for
enactment of an ordinance reverting the affected property back to its original zoning
designation or a more apMpriate..zoning designation in accordance with Section 25-
2-43 of the Hawaii County Code.
BB. [Shatild any of !he eandiiiens not be fnet or substantially eemplied with in a timely
fashien, the Planning Difeetef may inififfte rezening of the area to its original or mar
appropriate ] An initial extension of time for the performance of
conditions within this ordinance may be requested in accordance with Section 25-2-
44 subsections c and d of the Hawaii Couply 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.
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