HomeMy WebLinkAboutBIL 199 Draft 03 2022-2024 Hawaii County Council-15 June 4,2025
Bill 199: AMENDS SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP),
(Draft 2) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY
(2022-2024) CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL—5 ACRES (A-5a)
TO RESIDENTIAL AGRICULTURAL—0.5 ACRES (RA-0.5a) AND
NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET (CN-10) AT
WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP
KEY: 6-4-024:027
(Applicant: Kaupulehu Land, LLC) (Area: 5.349 Acres)
The Leeward Planning Commission forwards its favorable recommendation for
this amendment to the State Land Use Boundaries Map and an unfavorable
recommendation for the requested change of zone, which would allow the
applicant to subdivide the property into eight lots consisting of three
retail/commercial lots fronting Mamalahoa Highway and five residential
agricultural lots. This property is located at 64-983 Mamalahoa Highway.
Reference: Comm. 1015.52
Intr. by: Council Member Inaba(B/R)
Postponed: September 16, October 15, 2024,
January 7, February 4, and March 6, 2025
Negative: LAAC-17 (Due to a vote of 3-ayes, 4-noes,
2-absent)
AMENDED TO DRAFT 3 (see Communication No. 1015.223) AND FAILED:
Ayes: Council Members Galimba, Hustace, Kimball,
and Onishi —4.
Noes: Council Members Kagiwada, Kaneali`i-Kleinfelder,
Kierkiewicz, Villegas, and Chair Inaba—5.
Absent: None.
Excused: None.
Page 12
COUNTY OF HAWAII
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BILL NO. 199
(DRAFT 3)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAFI COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL — 5 ACRES (A-5a) TO RESIDENTIAL
AGRICULTURAL — 0.5 ACRES (RA-0.5a) AND NEIGHBORHOOD COMMERCIAL —
10,000 SQUARE FEET (CN-10) AT WAIMEA, SOUTH KOHALA, HAWAI`I,
COVERED BY TAX MAP KEY: 6-4-024:027.
SECTION 1. Section 25-8-11, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waimea, South Kohala,
Hawaii, shall be Residential Agricultural — 0.5 Acres (RA-0.5a):
Beginning at the Southwest corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "WEST BASE"
being 944.18 feet South and 2,698.08 feet East, and thence running by azimuths
measured clockwise from True South:
1.
1490
07'
471.30
feet along Lot B and Parcel 28;
2.
2500
21'
99.29
feet along the remainder of Lot 11-
A-1;
3.
2390
07'
67.84
feet along same;
4.
1490
07'
62.00
feet along same;
5.
239°
07'
170.00
feet along same;
6. 3290 07' 327.50 feet along Lot 11-A-2;
7. 300 02' 383.59 feet along same, to the point of
beginning and containing an area of
3.024 Acres.
The district classification of the following area situated at Waimea, South Kohala,
Hawaii, shall be Neighborhood Commercial—10,000 square feet (CN-10):
Beginning at the Northwest corner of this parcel of land, being also the Northeast
corner of Parcel 28, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "WEST BASE" being 238.81 feet South and 2,276.20 feet
East, and thence running by azimuths measured clockwise from True South:
1. 2500 21' 321.25 feet along Southeasterly side of
Mamalahoa Highway;
2. Thence along Lot 11-A-2, on a curve to the right with a radius of 25.00 feet, the
chord azimuth and distance being:
2890 44' 31.73 feet;
3. 3290 07' 220.84 feet along same;
4. 590 07' 170.00 feet along the remainder of Lot 11-
A-1;
5. 3290 07' 62.00 feet along same;
6. 590 07' 67.84 feet along same;
7. 700 21' 99.29 feet along same;
8. 1490 07' 350.60 feet along Parcel 28, to the point of
beginning and containing an area of
2.325 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
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SECTION 2. 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:
(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.
A. The applicant, its successors or assigns (Applicant) shall comply with all of the
stated conditions of approval.
B. The Applicant is responsible for maintaining valid water commitments to support
the proposed development until such time that required water facilities charges
are paid in full.
C. Prior to issuance of Final Subdivision Approval, the Applicant shall construct, or
cause to be constructed, necessary water improvements meeting with the approval
of the Department of Water Supply.
D. Final Subdivision Approval shall be secured within ten (10) years from the
effective date of this ordinance. Plans submitted for subdivision approval shall
include the existing 10-foot-wide future road widening strip along the subject
property's Mamalahoa Highway frontage. The time during which required plans,
reports, studies, or relevant permit applications are under review for approvals by
government agencies shall not count towards the deadline established in the
ordinance. To justify this tolling, the applicant shall provide evidence of the
excluded time period to the planning department for its review and approval,
which shall consist of dates obtained from a government agency website,
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permitting program, or office indicating when the required plans, reports, studies,
or permit applications were submitted, approved, denied, or returned by the
government agency. Any request for tolling shall be verified and approved in
writing by the director prior to the deadline established by the ordinance. The
director shall notify the council of any approval of a request for tolling within
thirty days of such approval.
E. Prior to issuance of Final Plan Approval for any use in the CN-zoned area, the
Applicant shall submit an updated traffic impact analysis report (TIAR), to be
reviewed and approved by the State Department of Transportation. The updated
TIAR shall include, but not be limited to, an evaluation of whether highway
improvements should be required as a result of anticipated traffic generated by the
development. If there are traffic impacts attributable to the development, the
Applicant shall be required to provide appropriate traffic mitigation
improvements at no cost to the State.
F. Access to Mamalahoa Highway shall meet with the requirements of the State
Department of Transportation. As represented by the Applicant, the Applicant
shall provide a bike lane and pedestrian sidewalk along the subject property's
Mamalahoa Highway frontage, exclusive of any approved access driveway, if
allowed by the State Department of Transportation. These improvements shall be
completed in a manner meeting with the approval of the State Department of
Transportation, prior to the issuance of a certificate of occupancy for any
commercial use.
G. The applicant shall submit plans for subdivision approval showing removal of the
existing 10-foot-wide "No Vehicular Access & Planting Screen" easement along
the subject property's Mamalahoa Highway frontage in the area of any State
Department of Transportation approved access to the CN-Zoned lands from
Mamalahoa Highway. The applicant shall provide enhanced landscaping along
ME
the Mamalahoa Highway frontage, if allowed by the State Department of
Transportation.
H. All development generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works (DPW)
prior to the issuance of Final Subdivision Approval. Any recommended drainage
improvements, if required, shall be constructed meeting with the approval of
DPW prior to occupancy of any proposed structures on the property.
I. All development shall comply with Chapter 27, Flood Control, of the Hawaii
County Code.
J. All earthwork activities including grading, grubbing, and stockpiling shall
conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County
Code.
K. The Applicant shall comply with the Department of Health, Hawaii
Administrative Rules (HAR) Chapter 11-55, regarding Water Pollution Control,
which requires an NPDES permit for certain construction activities.
L. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
M. 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
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
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N. Should any state or federally listed or endangered species be found on the subject
property, the Applicant shall comply with all applicable requirements of the
Department of Land and Natural Resources, Division of Forestry and Wildlife
and/or the United States Fish and Wildlife Service.
O. The Applicant shall make its fair share contribution to mitigate the potential
.regional impacts of the development 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 and/or
Final Plan Approval, whichever is applicable, and shall be based on the actual
number of additional residential units or lots created (excepting the two existing
residential units and lots created therefor). The fair share contribution in the 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 (3) 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 combined value of $11,018.76 per multiple family residential unit or
lot ($17,171.48 per single-family residential unit or lot). The total amount shall be
determined with the actual number of residential lots according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit or lot (single family residential unit or lot) shall be
allocated as follows:
1. $5,435.24 per multiple family residential unit or lot ($8,280.39 per single-
family residential unit or lot) to the County to support park and
recreational improvements and facilities;
2. $171.78 per multiple family residential unit or lot ($399.45 per single-
family residential unit or lot) to the County to support police facilities;
3. $528.42 per multiple family residential unit or lot ($788.96 per single-
family residential unit or lot) to the County to support fire facilities;
Q
4. $235.52 per multiple family residential unit or lot ($345.41 per single-
family residential unit or lot) to the County to support solid waste
facilities; and
5. $4,647.80 per multiple family residential unit or lot ($7,357.27 per single-
family residential unit or lot) to the County to support road and traffic
improvements.
In lieu of paying the fair share contribution, the Applicant 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.
P. 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 Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval and/or Final Plan
Approval, whichever is applicable. As represented by the Applicant, in
compliance with the requirements of Chapter 11, the Applicant shall convey one
(1) finished lot with road access, drainage, water, electricity, and a wastewater
disposal system acceptable to the Department of Health, to a nonprofit
corporation or land trust approved by the Administrator of the Office of Housing
and Community Development and one (1) lot with an existing dwelling unit to a
nonprofit corporation or land trust approved by the Administrator of the Office of
Housing and Community Development. As represented by the Applicant, the
Applicant waives any right to any excess affordable housing credits resulting
from the above and agrees not to transfer any such excess credits.
Q. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
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herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
R. The Applicant, its successors and/or assigns shall comply with all applicable
County, State and Federal codes, laws, rules, regulations and requirements for the
proposed development, including, but not limited to, the Department of Public
Works, Department of Transportation, Department of Water Supply and
Department of Health.
S. Pursuant to Section 25-6-32(3) of Hawaii County Code, an accessory dwelling
unit (ADU) shall not be permitted on any lot zoned Residential-Agricultural-0.5-
acre (RA-5a) within the proposed subdivision. This ADU restriction shall be
implemented via restrictive covenant(s) recorded against title to the property
giving notice that the terms of the zoning ordinance prohibit the construction of
an ADU. A copy of the proposed covenant(s) to be recorded with the State of
Hawaii Bureau of Conveyances shall be submitted to the Planning Director for
review and approval prior to the issuance of Final Subdivision Approval. A copy
of the recorded documents shall be filed with the Planning Department upon their
receipt from the Bureau of Conveyances.
T. As represented by the Applicant, the design guidelines and other conditions
expressed by the Waimea Design Plan, approved in 1986, as it applies to the
commercial component of the proposed development, shall be addressed in all
documents submitted to the Planning Department for Plan Approval Review. A
detailed explanation of architectural design considerations shall accompany the
plan(s) addressing consistency with the "paniolo" and "rural ranch" character of
Waimea, developing suitable building signs and street lighting standards, if
applicable, and the relationship to minimum yard and maximum height
requirements, and landscaping elements. As represented by the Applicant, the
Applicant shall, by means of restrictive covenants, limit any retail or office
structure within the CN-Zoned lands to one (1) story in height and prohibit the use
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of any building within the CN-Zoned lands from use as a restaurant or drive -
through establishment.
U. An initial extension of time for the performance of conditions within the
ordinance may be requested in accordance with Section 25-2-44, subsections (c)
and (d), of the Hawaii County Code.
V. If any conditions have not been completed by the deadline, or if a time extension
request has not been submitted in accordance with Section 25-2-44(c) of the
Hawaii County Code, the Planning Department shall inform the applicant that the
ordinance is null and void without further action by the County. In that event, the
zoning designation of the property affected by the ordinance shall automatically
revert to its immediate prior zoning designation.
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:
0� I --
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1015.224 - 9 -