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Home My WebLink AboutORD 2026-020 2024-2026COUNTY OF HAWAPI STATE OF HAWAPI SO ;F BILL NO. 121 ORDINANCE NO. ZG 20 (DRAFT 2) 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, HAWAPI, COVERED BY TAX MAP KEY NO. 7-8-010:101. 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 (13) Fulfillment of the need for public service demands created by the proposed use. - I - A. The applicant, its successor or assigns ("Applicant"I shall be responsible for complying with all stated conditions of approval. B. The [applicant, sueeessefs, or assigns afe] 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 applieant, sueeessers, or- assign&] 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. rIMIMM.W.W.M., M. fern-% - M.M 11 M�91 soeeesser-s ef assigiis shall seeufe Fitial Plan Approval fef the pr-eposed develepfnef4 in aeeefdaflee with Seetien 25 2 70, Chaptef 25 (Zening Code), 14awai'i Getffity Cede. Plans shall idefitif�, all e?6stifig aa&ef py-eposed stf:tiet+ir-es, paved dr-iveway aeeess -md paA i _ stalls asseeiated with the proposed develepfnefA. bandseapiffg shall also be indiea4ed en the plans fef the pttfpese ef mkigati"g a -ay a&e..- Vistift! iffipetets to adjaeen pr-epeffies in areefdanee with the r-e"ir-efnefAs ef Plafming Depaf#neat's Rule Ne. 1-7 (handseaping Reqtiir-emeats), Chaptef 25 (Zening Gede), G-A-Iffity Cede. opdated tfaffie assessfiaefit shall be s4mk4ed in eenjonefien with the phms fef Plan Appr-eval. Sheeld the assessfn&4, subjeet te eaneuffenee by the Plaflfliflg Difeeter- and Publie Wefks Difeetef, eenelude that the pfejeet is afAieipa4ed te genefate fifty or- fnefe peak haur- trips, then a T-faffie Impaet Analysis Repeft (T4AR) pur-stfafA to 4he eeneuffeney r-equifements ef Seetion 25 2 46(d), Ghaptef 25 (14awai'i County Code) shall be pr-epaf aiid submit4ed fef the feAew and appfeval ef the Plaming Difeetef and the Publie Wer-ka Dir-eeten All feeeffimended tfaffie fnitigatien eullined in the TIAR shall be implemented pr-ief to issuanee of a Geftifieate of Oeeupaney fef the fifst r-esidefftial unit I.A.4thin the pfEjeet afea4 Construction of the proposed development, or other development/use permitted by the zoning district classification, shall be completed within ten (10) years -2- from the effective date of this amended ordinance. 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 permitting program, or office indicating when the required plans, reports, studies, or permit applications were submitted, approved, denied, or returned by the government agenc. E. The Applicant shall secure Final Plan Approval for the proposed development in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii 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, subject to concurrence by the Planning; Director and Public Works Director, conclude that the project is anticipated to generate fifty or more peak hour trips, then a Traffic Impact Analysis Report TIAR), pursuant to the concurrency 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. [l-]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 Ali`i Drive. As this access traverses an existing golf course and will be used only for emergency -3- 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 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: 10 1. 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. [F-]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 [dedieate ] dedicated to the County upon request. [G-.]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. [W-]L All wastewater generated shall be disposed into the Keauhou Resort's sewer system owned and maintained by the Keauhou Community Services, Inc., [41s]its successors or assigns. [1-.]J. All development -generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. [-J-.]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 be taken to minimize the potential of both fugitive dust -4- and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. [.]M. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawa'i County Code. [M-.]N. The [applieant, stteeessafs ef aFis�] 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. [�]Q. The [applieant(s), Mn, of assigns] 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 M ground disturbance on the propeM, the Applicant shall provide SHPQ 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 and Natural Resources -State Historic Preservation Division (DLNR-SHPD) at (808) 933-765 1. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. fequifefffefA shall be appfeved by the Admiffistf4ef of the Offiee of Housing a-fid. Community Devel „me„* pfief to Final Plan Approval. ] 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 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 pa ay ble. [g]R. The [ ] A plp icant 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 [89-,366-.K] $11,500.24 per multiple family residential unit [e1 ",5;6-.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 [siftgle fiimily fesideatial] unit shall be allocated as follows: • rRA._QftAA1 $5,672.74 per multiple family residential unit LZ7-r-'"Ww�.] $8,642.22 per single-family residential) unit to the County to support park and recreational improvements and facilities; 0 [8446-.0-2] $179.29 per multiple family residential unit [S3J9-.S5] $416.90 per single-family residential unit) to the County to support police facilities; 0 [$449-.4-9] $551.51 per multiple family residential unit [$674.66] $823.43 per single-family residential unit) to the County to support fire facilities; 0 [$200.20] $245.81 per multiple family residential unit [8291"] $360.51 per single-family residential unit) to the County to support solid waste facilities; 0 [$&,9150-.�P] $4,850.89 per multiple family residential unit [S6-,2&4A7] $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 [applie 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. -7- [ -IT. The [app4eafA] Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [8-.]U. 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 Planning Director acknowledges that further reports are not required. [-T-.]V. [ , Mina the S-MA Use Peffnit to the Planning Genn.-Ri-ission —;;,Ad the Getiffty Getilleil ] Notwithstanding section 25-2-44(c)of the Hawaii County Code, should the Applicant require an additional extension of time, the Planning Director shall submit the request in the form of an amendment to this ordinance to the Leeward Planning Commission and the County Council for appropriate action. W. If any conditions have not been completed by the deadline, 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 propeM(s) affected by this ordinance shall automatically revert to its immediate prior zoning designation. 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. -8- 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. COUNCIL MEMBER, COUNTY OF HAW'M4I Kona -, Hawai'i Date of Introduction: February 4, 2026 Date of I st Reading: February 4, 2026 Date of 2nd Reading: February 18, 2026 Effective Date: March 11, 2026 iiieiitmuui - 9 - LRB 25-140 D1 OPEN 1\ R 2 OPEN R -3 RM-3 . A -5a OPEN A-5c -p OPEN OPEN > P5 RM-.75 M-5 E A-5a V-4 V-1.25 OPEN 5 1 OPEN A-5c KEA UHOU BAY A-5a AGRICULTURAL - 5 ACRES (A-5a) V-1.25 TO MULTIPLE FAMILY OPEN RESIDENTIAL - SQUARE V- 75 OPEN 30,000 SQUARE FEET (RM-30) 51.058 ACRES V-.75 RM-2 OPEN OPEN M-2 CV-10 A-5o OPEN A-5a ;z OPEN PM-2 OPEN V-75 OPEN A-5c OPEN V-.75 OPEN 7 1,637585 OPEN 4,23.5 Be, E "KEA rtfj UHO U CO A S 7 A-5a A-5a A-5a A - A -5a 0 1,000 2,000 4,000 6,000 8,000 Feet I AMB."IDMENT TO THE ZONING Cuo"'DE, AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIJ 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, HAWAFT MAP PREPARED BY: COUNTY OF HAWAFI, PLANNING DEPARTMENT TMK: 7-8-10:101 DATE: June 25, 2009 EXHIBIT "A" (Kona uountry wuu. inc - Map 1268) I I CZ A I FOR REFERENCE ONLY OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Date Introduced: First Reading: Published: REAIMRKS.- Heather L. Kimball - (B/R) February 4, 2026 -February 4, 2026 —February 13, 2026 Second Reading: February 18, 2026 To Mayor: March 4, 2026 Returned: March 11, 2026 Effective: March 11, 2026 Published: March 20, 2026 (Draft 2) E k' V C "T' C 0 UNT Y 0 F H INA 7926 �11'T, I I PM 2- 52 ROLL CALL VOTE FAYES NOES ABS EX Galimba x Hustace x Inaba x Kagiwada x Kdneali'i-Kleinfelder x Kierkiewicz x Kimball x Onishi x Villegas x 3 1 0 ROLL CALL VOTE AYES NOES ABS EX Galimba x Hustace x Inaba x Ka,o,iwada x Kdneali'i-Kleinfelder X Kierkiewicz x Kimball x Onishi x Villegas x 6 1 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Approve Wisapproved this I of 20 X(OO A1MYOJ;, �UATTYOFHAWAPI COUNCIL CHAIRPERSON day J�-----` COUNTY CLERK Bill No.: 121 (Draft 2) Reference: C-689.5/LAAC-29 Ord No.: ZG 20