HomeMy WebLinkAboutBIL 169 Draft 02 2022-2024COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
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:
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.
[(A) the zoning for the property shall be effective only after: (1) there are assurances satisfactory to the Departments of Water Supply and Planning, upon consultation with 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 quality and quantity has
been established within two years from the effective date of this ordinance; provided that a maximum one-year extension to the two-year time limit may be granted by the Planning Director
with reasonable and sufficient justification; and (2) an agreement, accompanied by an appropriate surety bond or other acceptable security, is executed with the Department of Water
Supply for the actual development of a proven water source and its water transmission and distribution system within one year from the official date of compliance with condition A (1);
provided that a one-year extension to the one-year time limit may be granted by the Planning Director with reasonable and sufficient justification; or (3) the Department of Water Supply
issues a water commitment for the proposed development;
no subdivision or development of any portion of the land shall occur unless and until condition A has been complied with;
the Planning Director shall be mandated to initiate action for the repeal of this ordinance if conditions A or B have not been complied with;
the petitioner, its assigns of successors, shall be responsible for complying with all conditions of approval;
the zoning for the 49± acres designated by the State Land Use Commission as its second zoning increment shall not become effective until that land is certified by that commission to
be within the Urban District;
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 Director. “Development” means
the applicant has completed the on-site and off-site improvements within the first increment of the RS zoned area and has dedicated the roadway to the County;
subdivision plans for the first increment of the RS zoned area shall be submitted within one year from the effective date of the zoning. Final subdivision approval shall be secured within
two years from the effective date of this amendment;
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 and the second increment,
the remaining area. The effective date of zoning for the second increment shall be after the applicant has completed the on-site and off-site improvements of the first increment of
the RM zoned area and has dedicated the improvements to the County;
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;
should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be
credited towards the requirements of the Unified Impact Fees Ordinance;
housing opportunities for Hawaii residents shall be provided in accordance with the 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;
improvements to the intersections with Kuakini Highway and the Kuakini Highway Extension shall be constructed meeting with the approval of the State Department of Transportation, Highways
Division. The intersection improvements shall be constructed concurrently with the development of the first increment of the RS or RM zoned areas, whichever occurs first;
no direct access shall be provided for the lots within the RS zoned area from the mauka-makai collector road;
the roadways and stubout within the RM zoned area shall be constructed 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 should divide a roadway, the curbs, gutters, and sidewalks
shall be provided for the entire right-of-the-way and shall continue to the nearest intersection in order to avoid telescoping and to provide consistent improvement;
(O) at a minimum, roadways and stubouts within the RS zoned area shall be provided with paved shoulders and paved swales meeting with the approval of the Department of Public Works and
shall be dedicated to the County of Hawaii upon completion;
(P) the method of sewage disposal shall meet with the approval of the appropriate governmental agencies;
(Q) a drainage master plan shall be submitted to the Department of Public Works for review and approval prior to issuance of any subdivision or plan approvals. 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;
an intensive archaeological survey shall be conducted for the entire property and a report shall be submitted to the Planning Department prior to issuance of any subdivision or plan
approvals;
should any unanticipated archaeological sites be found during land preparation 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;
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
an initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances:
the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their
fault or negligence;
granting of the time extension would not be contrary to the general plan or zoning code;
granting of the time extension would not be contrary to the original reasons for the granting of the change of zone;
the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up
to one additional year); and
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. Further, should
any of the conditions not be met or substantially complied with in a timely fashion, the Director initiate rezoning of the area to its original or more appropriate designation.]
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 approval of the State Land Use Commission’s Decision and Order (Docket No. A83-549) dated January 26, 1984.
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.
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.
The Applicant is required to submit water system construction plans prepared by a professional engineer, registered in the State of Hawaiʻi, 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.
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.
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), Hawai‘i 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.
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.
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.
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.
The Applicant shall comply with Chapter 27, Flood Control, of the Hawaiʻi County Code.
All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County Code.
Direct access from the property to the Queen Kaʻahumanu Highway (Route 11) shall be limited to a single access point consisting 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 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.
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 Kekūanāoʻa 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 Kaʻahumanu Highway to the Kekūanāoʻa 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.
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.
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.
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.
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.
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.
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 site if required by the State Civil Defense/State of Hawaiʻi Emergency Management Agency (HIEMA) prior to issuance of a Certificate of Occupancy for any phase of the project.
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:
$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;
$156.43 per multiple family residential unit and $363.74 per single family residential unit) to the County to support police facilities;
$481.18 per multiple family residential unit and $718.44 per single family residential unit) to the County to support fire facilities;
$214.47 per multiple family residential unit and $314.54 per single family residential unit) to the County to support solid waste facilities; and
$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.
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.
Affordable Housing Requirements. The Applicant shall comply with the affordable housing requirements required by Chapter 11 of the Hawai‘i 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 Hawai‘i Housing Authority or the County
of Hawai‘i, ten percent (10%) of the lots or houses and lots to be developed on the subject property, to residents of the State of Hawai‘i 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 forty percent (140%) of the
area median income) family income as determined by the Hawaiʻi Housing Authority or County of Hawaiʻi 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 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 by Chapter
11 of the Hawaiʻi 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, Hawaiʻi 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 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.”
The Applicant shall comply with all applicable County, State, and Federal codes, laws, rules, regulations, and requirements for the proposed development.
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.
If the applicant fails to fulfill any conditions of this change of zone within the specified 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 Hawai‘i County
Code.
An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44, subsection (c) and (d), of the Hawai‘i 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:
COUNCIL MEMBER, COUNTY OF HAWAI‘I
, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: