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Home My WebLink AboutBIL 121 Draft 01 2024-2026COUNTY OF HAWAPI ORDINANCE NO. STATE OF HAWAFI BILL NO. 121 AN ORDINANCE AMENDING ORDINANCE NO.09-159, AS AMENDED, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 5 ACRES (A-5A) TO MULTIPLE - FAMILY RESIDENTIAL — 30,000 SQUARE FEET (RM-30) AT KEAUHOU, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY NO.7-8-010:101. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI: SECTION 1. Section 2 of Ordinance No. 09-159, as amended by Ordinance No. 20-65, is hereby amended to read as follows: "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. -1- A. The applicant, its successor or assigns ("Applicant") shall be responsible for complying with all stated conditions of approval. B. The [applieant, sueeessers, er assigns are] 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. C. The [applicant, sueeessers, er assigns] Applicant shall Provide a Water Master Plan and install and construct necessary water system improvements meeting with the requirements of the Department of Water Supply prior to the issuance of a Certificate of Occupancy. eeaaaenn 1' a in the TT A D shall 0. implemented prior to issuatice ef.. Certi fkaw of 0ceupaney for the first residential unit within the-per=ea 7 Construction of the proposed development or other development/use permitted by the zoning district classification, shall be completed within ten (10) years from the effective date of this amended ordinance. The -2- 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, permitting program, or office indicating when the required plans reports studies or permit applications were submitted approved denied or returned by the government agency. E. The Applicant shall secure Final Plan Approval for the proposed development in accordance with Section 25-2-70 Chapter 25 (Zoning Code) HawaN County Code. Plans shall identify all existing and/or proposed structures paved driveway access and parking stalls associated with the proposed development Landscaping shall also 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) Chapter 25 (Zoning Code) Hawaii County Code. An updated traffic assessment shall be submitted in conjunction with the plans for Plan Approval. Should the assessment subiect to concurrence by the Planning Director and Public Works Director, conclude that the moiect is anticipated to generate fifty or more peak hour trips, then a Traffic Impact Analysis Report (TIAR) pursuant to the concurrence requirements of Section 25-2-46(d) Chapter 25 (Hawai`i County Code) shall be prepared and submitted for the review and approval of the Planning Director and the Public Works Director. All recommended traffic mitigation outlined in the TIAR shall be implemented prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. [£.]F. Plans submitted for Plan Approval shall reflect a minimum 10-foot wide emergency evacuation access route that extends from the project's easterly boundary, through the existing golf course identified by TMK:7-8-010:051, and up to any point along AIN Drive. As this access traverses an existing golf course and will be used only for emergency evacuation purposes, it need not be paved but will be reasonably compact enough to accommodate vehicles leaving the project site. The right of access across the emergency -3- evacuation access route, including the terms of its use, maintenance, relocation, and related matters, will be recorded as an easement burdening TMK: 7-8-010:051 in favor of TMK: 7- 8-010:101. The improvements of this emergency evacuation access route, if necessary, will be completed and the necessary easement will be recorded prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. [li:]G. Access to the development shall meet with the approval of the Department of Public Works. The roadway easement from the Mamalahoa Highway Bypass to the project shall be constructed to County dedicable standards, including curbs, gutters and sidewalks, meeting with the approval of the Department of Public Works, and [axis] dedicated to the County upon request. [Fr.]H. Any vehicular security gate shall be set back approximately 60 feet from any County dedicated road. Whenever in use, the security gate shall be staffed to facilitate access by emergency vehicles and personnel. [H-.]l. All wastewater generated shall be disposed into the Keauhou Resort's sewer system owned and maintained by the Keauhou Community Services, Inc., [it2s]1ts successors or assigns. [f:]J. All development -generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. [4:]K. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The 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 residential unit within the project area. [K—.]L. During construction, measures shall betaken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. -4- [1 .]M. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawa`i County Code. [M-.]N. The [applieant, sueeessers or assigns] Applicant shall adhere to the commitments made in the Archaeological Inventory Survey approved by the State Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) throughout the life of the development. [N-, . The [ ] Applicant shall comply with all provisions of the Archeological Preservation Plan, Archeological Data Recovery Plan and Archaeological Monitoring Plan approved by the State Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) and the Burial Treatment Plan approved by the Hawaii Island Burial Council throughout the life of the development.. Prior to any ground disturbance on the property the Applicant shall provide SHPD the documentation requested in SHPD's letter dated January 16. 2025. P. 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 Department of Land andNatural Resources -State Historic Preservation Division (DLNR-SHPD) 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. implemented, the applieant, sueeessers er assigns shall eamply with the requirements ef Chapter 11, Aftiele 1, 1 lawai'i County Gede relating te Affbrdable Housing Peliey. This requirement shall be approved by the Administrator of the Off4ee of HousingGemmunity •Goals and -5- 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 as evidenced by an executed and recorded affordable housing agreement which shall be provided to the Planning Department by the Applicant prior to Final Plan Approval or Final Subdivision Approval. Fair share requirements under Condition R shall be conditionally waived for affordable housing units or lots if the Applicant executes an affordable housing agreement to provide fifty (50) to one hundred (100) percent of the development as affordable housing units or lots. If the affordable housing units or lots are not produced and sold or rented in accordance with the affordable housing agreement any fair share requirements under Condition R that were waived will become due and payable. [P.]R. The [applieant, sueeessers or assigns] Applicant 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 Plan Approval. The fair share contribution for each unit shall be based on the actual number of residential units developed exceeding twenty- nine (29) units. 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 the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of [e",'�2] $11,500.24 per multiple family residential unit [8 "�6-7] $17,921.82 per single-family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per [single family it -aside^"*] unit shall be allocated as follows: [M-,62ter'"] $5,672.74 per multiple family residential unit . $8.642.22 per single-family residential) unit to the County to support park 0 and recreational improvements and facilities; • [$146:83] $179.29 per multiple family residential unit [$339.55] $416.90 per single-family residential unit) to the County to support police facilities; • [844949] $551.51 per multiple family residential unit [$670-.66] $823.43 per single-family residential unit) to the County to support fire facilities; • [$200:39] $245.81 per multiple family residential unit [$293.Q] $360.51 per single-family residential unit) to the County to support solid waste facilities; • [S3-,°T 950 '] $4,850.89 per multiple family residential unit [$6,°�r] $7,678.76 per single-family residential unit) to the County to support road and traffic improvements; In lieu of paying the fair share contribution, the [applient] 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 pursuant to Section 2-162.1(a) of Hawaii County Code. [Q-.]S. 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. [R-.]T. The [appkc-ant] Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -7- An annual progress report shall be submitted to the Planning Director prior to the anniversary of the effective date of this amended ordinance. The report shall include, but not be limited to, the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Panning Director acknowledges that further reports are not required. [T-.]`J [if the rr1' ... orassigns should require additional extension of timethe Planning DepaFtment shall subi request it the for the ..dmo nt to ehange efzene and the SM A U Pennit to the PlanningCommissionand the County Council f appropriate C`h ldan),F he ndifi- et be et e substantially eamplied with in a tifnel. I. PlanningDireetonmay initiate rezening of the prepeAy to its al or mare 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 County Code. W. 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), 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(s) affected by the ordinance shall automatically revert to its immediate prior zoning des i nag tion. SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. 12 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. Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 689 INTRODUCED BY: UNCIL MEMBEW COUNTY OF HAWAI`I 0 OPEEENN�)�\) R -2 OPEN R .3 RM-3. A OPEN Q V v p p_ A-5a P i � p 's OPEN 2 OPEN > RM-5.5 RM-.75 PE V-4 A-5a 'n OPEN V-1.25 51 OPEN A-5o XEAUHOU R'SY A -So AGRICULTURAL -5ACRES (A-5a) V-1.25 TO MULTIPLE FAMILY 1 _ OPEN �N RESIDENTIAL- V- 75 OPEN 30,000 SQUARE FEET IRM-30) Fj0 51.058 ACRES `- V-,75 N �q OPERM-2 T OPEN N ' i M-2 CV-]0 A-S. ) -i OPEN A-5a OPEN j?y..:5,£ ity. 'i:i:'�':-•�i'.- OPEN y:.�y i.1``':Xey : OPEN .OPEN V-.75 OPEN o 9 J,0758S OPEN 4;215.06s e�A ' ' eAUHOUCCu A 5a 9`PP A-5a A 5a y� A -So A-5a 0 1,000 2.000 4,000 6,000 8,000 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES (A-5a) TO MULTIPLE FAMILY RESIDENTIAL - 30,000 SQUARE FEET (RM-30) AT KEAUHOU, NORTH KONA, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAM, PLANNING DEPARTMENT TMK 7-e-10:101 DATE: June 25, 2009 EXHIBIT A (Kona CounlryMap 1268) FOR REFERENCE ONLY