HomeMy WebLinkAboutBIL 169 Draft 03 2022-2024 Hawaii County Council-52 November 20,2024
BILLS FOR ORDINANCES (FIRST READING)
Bill 169: AMENDS ORDINANCE NO. 02-131, WHICH AMENDED ORDINANCE
(Draft 3) 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, HAWAII, COVERED BY TAX MAP
KEYS: 7-6-021:004, 009-013, AND 015-017 (Applicant: Kona Three, LLC)
(Area: approx. 175 acres)
The Leeward Planning Commission forwards its unfavorable recommendation for
the applicant's request for a 10-year time extension to Condition I(Complete
Construction of the First Increment on RM Zoned Lands) and amendment to clarify
Condition N (Roadway Standards), which would apply only to Tax Map Key
Nos. 7-6-021:016 and 017, consisting of a total land area of 67.162 acres. The
subject properties are located along the east(mauka) side of the Queen Ka`ahumanu
Highway at its junction with Kuakini Highway, between Pualani Estates
subdivision to the north and Kona Vistas to the south.
Reference: Comm. 896.148
Intr. by: Mr. Inaba(B/R)
Negative: LAAC-64 (Due to a vote of 4-ayes,
5-noes)
Postponed: July 10 and August 21, 2024
Limited Meeting: October 15, 2024
(Note: There is a motion by Mr. Inaba, seconded by Ms. Kierkiewicz, to pass Bill
169, Draft 2, as amended, on first reading.)
FAILED:
Ayes: Council Member Galimba— 1.
Noes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder,
Kierkiewicz, Villegas, and Chair Kimball—7.
Absent: None.
Excused: None.
(Note: Ms. Kierkiewicz voted "kanalua"then "no.")
; and
Comm. 896.149: From Deputy Planning Director Jeffrey W. Darrow, dated August 5, 2024,
transmitting comments from the Kona Soil and Water Conservation District.
(Comms. 896.214 and 896.215 continue on the next page.)
Page 16
COUNTY OF HAWAVI `*
ORDINANCE NO.
STATE OF HAWAI`I
BILL NO. 169
(DRAFT` 3 )
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 I AND 2, NORTH KONA, HAWAI`l,
COVERED BY TAX MAP KEY: 7-6-021:004, 009-013, AND 015-017.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI:
SECTION 1. Ordinance No. 02-131 is amended to read as follows:
"SECTION. 2 [These ehanges in distriet elassifleation are eenditioned tipen-th
f '�] The following amendments to Ordinance No. 02-131 shall apply..only to Tax Ma
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 ublic
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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if the applieant shotild requife an additional extension of time, th
Planning Director shall submit the applieant's request to the County
C—etineil ferap-ptepriate aefien. Further-, should a of the „difiens .
be met or stibstantifilly eemplied with in a timely fashion, the Direetola
initiate F-eZening of the Hrea to its Original or "'Pf-ept-i-a-te
d es ig"r'' "rir`r�r
A. The applicant(s), its successor), 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 Januaa 26, 1984.
C. The Applicant is responsible for maintaining valid water commitments to support the
proposed use until such time that required water facilities char es are paid in full.
D. Prior to receipt of final Plan Aonroval for each phase of the development, the
ApPlicant shall submit the antici ated maximum daily water usa c calculations as
prepared by a 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 construction plans prepared by a
professional engineer, registered in the State of Hawaii, for Department of Water
Supply (DWS) review and approval. Furthermore, the Applicant is required to
construct.app licable waters steal improvements. desi ned 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 im rovemcnts 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 (1Eyears 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 ro osed structures fire protection measures,..] and.scain
si na epaved driveway access and paved parking stalls outdoor li htin if an and
other improvements associated with the proposed development. Landscaping shall be
indicated on thelans for the purpose of mitigating any adverse noise or visual irn acts to
adjacent ro erties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements). The Applicant shall comply with landscaping
req_uirennents for RM zoning.
H. Sewer lines shall be installed within the development to connect with the Count
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 PDES ermit and all
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 Anproval, 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
a roved by. the Department of Public Works shall be taken to eliminate any downstream
impacts. Any recommended drainage improvements shall be constructed meeting with
the al2proval of the Department of Public Works prior to issuance of a Certificate of
Occupancy for the first please.
K. The Applicant. shall comply with Chapter 27 Flood Control of the Hawaii Count
Code.
L. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawaii County Code.
A Direct access from the property to the Queen Ka`ahumanrr_Highway (Route 11) shall
be limited to a single access point consisting of a channelized iIltersectlon, 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
the first please. Furthermore, the applicant shall coordinate: with the State Department
of Trans ortation and iovide any mitigation measures that may be required,
including any pro-rata contributions, related to the state highway improvements
directl related to traffic generated by development of the property. Part of this
coordination shall include providing the Department 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 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 followim 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 gt&r to the issuance of any land alterationpermits: 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 photogranhic documentation yerifying..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 Apl2royal or other land alterationpermits.
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
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preservation measures shall be in place prior to the initiation of any construction or land
disturbance activity.
Q 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 oil any site plans for
Final Plan Approval or other land alteration permits.
R. In the event that surface or subsurface historic resources, includinm 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 roceed a on
an archaeological clearance fion1 the State Historic Preservation Division when it finds
that sufficient mitigation measures have been taken.
S. To address potential impacts to endanizered or threatened species that may traverse the
project site the Applicant shall implement mitigation measures recommended in the
Botanical S urvey and Vertebrate Fauna Assessment TMK 3-7-6-21: pareels 16 17 18 &
19 78.324 acres North Kona District Island of Hawaii included as part of the
environmental assessment for the piLoi.ect.
T. Pursuant to Hawaii 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 Hawaii Emer enc
Management Agency HIEMAprior to issuance of a Certificate of Occu anc for an
phase of the project.
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U. The Applicant(s) shall slake its fair share contribution to mitigate the potential regional
impacts of the property -with respect to Rarks and recreation fire olice solid waste dis osal
facilities and roads. The fair share contribution shall become due and payable prior to receipt
of Final Subdivision Approval or Final Play Approval, whichever is applicable. Tile 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 percenjue
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 accordln to the calculation and payment provisions set forth
in this condition. The fair share contribution per multi le 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 Count to su ort ark and recreational im rovements and
facilities,
2. $156.43 per. multiple. famil residential unit and $363.74 per.single family residential
unity 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 t�pport 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
S. $4,232.35 per multiple family residential unit and $6,699.63 per single family
residential unit to the CouM.tosupportypad..and traffic improvements.
In lieu of pang 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 regionpacted b, theproposed 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 Hawaii County Code. The cost of the hi lg sway 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 im act fees conditions included herein shall
be credited towards the requirements of the Unified Impact bees Ordinance.
W. Affordable Housin Re uirements. The..Applicant shall com 1 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.
LUC Order Reauirement; The Aunlicant shall offer for sale. on a preferential
basis on its own or in cooperation with either or both of the Hawaii H011sin
Authority or the Count of Hawaii tenercent 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 eighty ercent 80%
of the area median income) and moderate (those earning _above one Hundred
twenty percent 120% and.u.p to one hundred forty percent 140% of the area
median income family income as determined by the Hawaii Housin Authorit
or County 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..any sale of additional market rate units. An 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 Hawaii County Code.
2. Cha ter 11 Requirement: To ensure that the Goals and Policies of the I-lousin
Element of the General Plan are im lemented the Applicant shall comply with
the requirements of Cha ter 11 Article 1 Hawai`i Count 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
Communit Develo ment 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.
X. As represented by the Applicant, the Applicant shall record a Declaration that institutes a
covenant, condition, and restriction upon the subject property that prohibits any dwelling
unit with the pro.i.ect site to be used as a time share short-term vacation rental or other
form of short-term transient accommodation. This Declaration shall be recorded with the
State Bureau of Conveyancesprior to the issuance of Final Plan Approval for any
dwellin units to be constructed on the subject property.
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Y. The Applicant shall comply with all applicable County, State, and Federal codes, laws,
rules regulations, and requirements for the ro osed develo incnt.
Z. An annual nroaress report shall be submitted to the Planniniz Director mior to the
anniversar date of the enactment of this amended ordinance. The re ort 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 fails to fulfill any conditions of this change of zone within the specified
time limitations the Planning Director or Coun1y Council inay initiate the process for
enactment of an ordinance reverting the affected property back to its original zoning
desi nation or a more appropriate zoning desi nation in accordance with Section 25-2-43
of the Hawaii County Code.
BB. An initial extension of time for the erformance of conditions within this ordinance may
be requested in accordance with Section 25-2-44, subsection (c) and (d), of the Hawaii
Count"
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.
, Hacxrai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm, 896.148
_.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAVI
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