HomeMy WebLinkAboutBIL 169 Draft 02 2022-2024COUNTY OF HAWAPI
ORDINANCE NO.
STATE OF HAWAI'I
BILL NO. 169
DRAFT
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
follow] 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 Counly Code 1983 2016 Edition as amended the Count
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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A. The applicant(s), its successors), 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 Januajy 26 1984.
C. The Applicant is responsible for maintaining valid water commitments to support the
proposed use until such time that re uired water facilities charges are paid in full.
D. Prior to receipt of Final Plan Aimroval for each phase of the development. the
Applicant shall submit the anticipated maximum daily water usage calculations as
prepared by professional engineer licensed in the State of Hawaii 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 construction121ans prepared by a
professional engineer, registered in the State of IIawai`i, for Department of Water
Supply.(DWS) review and approval. Furthermore, the Applicant is required to
construct applicable..waters stem improvements designed to deliver water at
adequate pressure and volume underpeak-flow and fire -flow conditions in
accordance with the Water System Standards and the Rules and Regulations of the
DWS.
The Applicant shall implement aLiy improvements required by the Fire De ailment
and/sr Department of Water Supply to ensure that fire protection requirements can be
met for RM zoninL.
G. Construction of all phases of the proposed development, as substantially represented by
the Applicant, shall be completed within ten 10 ears from the effective date of this
ordinance. Prior to commencinjz 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 aLiy adverse noise or visual impacts to
adjacent properties in accordance with the requirements of Planning Department's Rule
No. 17 fLandscaping Requirements). The Applicant shall comply with landscaping
requirements for RM. zoning.
H. Sewer lines shall be installed within the development to connect with the Count 's
sewers stem mectin with the approval of the Department of Enviromnental
Management, and prior to the issuance of a Certificate of Occupancy for each phase.
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1, 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 De artment 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 an downstream
impacts. An recommended drainage improvements shall be constructed meeting with
the approval of the Department of Public Works i&r to issuance of a Certificate of
Occupancy for the first phase.
K. The Applicant shall comply with Chapter 27, Flood Control, of the Hawaii County
Code.
L. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawaii County Code.
M. Direct access from the property to the Queen Ka`ahumanu Hi hwa Route 11 shall
be limited to a single access oint consistin of a 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 ma• b�quired,
including any pro-rata contributions related to the state hi hwa improvements
directly related to traffic generated by development -of the ro ert . Part of this
coordination shall include providingtpartment of Transportation with a 10-
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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 Occumnev for anv dwellinv units within the
development the Applicantshall construct the following—roadwayfollowing-roadway im rovenhents 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 Kekfranao`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`alnrmanu Highway to the Kekfranao`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 roadwa .
O. The following plans/documentation shall be submitted for the review and athnroval of
the State De artment 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 documentationverifying implementation of
interim protection measures for Sites 50-30-37-30592 and 50-10-37-31254, Any
interim and permanent buffers associated with reservation 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 Com anent 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 apy site plans for Final Plan Approval or other land alteration permits. Interim
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preservation measures shall be in place prior to the initiation of any construction or land
disturbance act_iv__ity.
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 an site.p tans 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, etch, 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 mite ation measures have been taken.
S. To address potential impacts to endanjaered or threatened species that may traverse the
ro'ect site the Applicant.shall im lenient 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 I-Iawai`i included as art of the
environmental assessment for the project.
T. Pursuant to Hawaii County Code, Section 25-2-46(o) (Concurrence 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 Hawaii Emergency
Manaizement Agency (HIEMA) prior to issuance of a Certificate of Occupancy for any
base of the ro' cct.
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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 aLiy combination thereof shall
be determined by the County Council. The fair share contribution may be adjusted annually
beszinnin 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 multi lc 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 unio to the CouM to..suppoil 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 suppoit_fire facilities,
4. $214.47 per multi le family residential unit and $31434 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 pqying the fair share contribution the A licant s may contribute land and/or
construct improvements/facilities related to parks and recreation fire, olice solid waste
disposal facilities and roads within the region impacted by the proposed development,
subject to the review and recommendation of the Planning Director a on consultation
with the appropriate agencies and approval of the County Council pursuant to Section
2-162.1(a) of Hawaii 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. 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.
1. 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 Housin
Authority or the County of Hawaii ten -percent 10% of the lots or Douses and
lots to be developed on the subject property, to residents of the State of Hawaii
of low (those earring above fifly�ercent (50% and up to eity percent (80%�
of the area median income) and moderate (those earning above one hundred
twenty 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 Coun of Hawaii from time to time. As a result of the.prior construction and
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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 an sale of additional market rate units. Any future develo went 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 houses and
lots shall be constructed and sold concurrently with any 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 b
Chapter 11 of the Hawaii County Code.
2. Chapter 11 Re uirement: To ensure that the Goals and Policies of the Housin
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 o 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 issuance of Plan Approval and the affordable
housing agreement shall be implemented prior to occupancy of any unit in each
phase.
3. Prior affordable liousing agreements related to Ordinance No. 02-131 shall be
replaced or amended to reflect the conditions of this amended ordinance."
X. The Applicant shall comply with all applicable County, State, and Federal codes, laws,
rules, regulations, and requirements for the proposed development.
Y. An annual pro reg ss report shall be submitted to the Planning Director prior to the
anniversail date of the enactment of this amended ordinance. The rel2oil 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
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conditions of approval have been satisfied and the Director, acknowledges that fiuther
reports are not required.
Z. If the applicant fails to fulfill any conditions of this chap W eg..___of zone within the specified
time limitations, the Plarming Director -or County Council may initiate the process for
enactment of an ordinance reverting the affected propegy back to its on final zonin
designation or a more appropriate zoning designation in accordance with Section 25-2-43
of the Hawaii County Code.
AA. An initial extension of time for theperformance of conditions within this ordinance may
be requested in accordance with Section 25 2-44 subsection (c) and (d), of the Hawaii
County Code."
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.
SECTION 4. This ordinance shall take effect upon its approval.
.INTRODUCED BY:
CO L EMBER, COUNTY OF HAWAVI
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
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REFERENCE Corm. 896.5