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Home My WebLink AboutBIL 016 Draft 01 2000-2002 COUNTY OF HAVI~ ..:,~.A -~~TATE OF HAWAII ...,..;n BILL NO. 16 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) AND RESORT-HOTEL (V-43) TO RESORT-HOTEL (V-25) AT WAIKOEKOE AND KANAHONUA, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-8-6:3, 13, AND PORTION OF 44. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-15, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following azea situated at Waikoekoe and Kanahonua, Hamakua, Hawaii, shall be Resort-Hotel (V-25): Pazcel l Beginning at a point at the northeast comer of this pazcel of land being also the northwest comer of RP. 6703 and R.P. 6709, L.C. Aw. 7877 Ap. 2 to Kaheenalu and on the southerly side of Government Main Road the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW MAW NORTH" being 7,223.13 feet North and 1,856.97 feet East and Running by azimuths measured clockwise from true South: 1. 5° 00' 778.36 feet along R.P. 6703 and R.P. 6709, L.C. Aw. 7877 Ap. 2 to Kaheenalu and along remainder of L.C. Aw. 8559-B Ap. 2 to Wm. C. Lunalilo, (Certificate of Boundary No. 33) to a point at the northerly side of Honokaa-Waipio Road (Project No. 240 A-O1-71); 2. 88° 34' 30" 23.52 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-01-71); 3. 358° 34' 30" 40.00 feet along a jog in the Honokaa-Waipio Road (Project No. 240 A-O1-71); 4. 88° 34' 30" 35.00 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-O1-71); 5. 88° 34' 30" 35.00 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-O1-71); 6. 178° 34' 30" 30.00 feet along a jog in the Honokaa-Waipio Road (Project No. 240 A-O1-71); 7. 88° 34' 30" 100.00 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-O1-71); 8. 358° 34' 30" 20.00 feet along a jog in the Honokaa-Waipio Road (Project No. 240 A-O1-71); 9. 88° 34' 30" 105.00 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-01-71); 10. 88° 34' 30" 45.00 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-01-71); 11. 88° 34' 30" 15.00 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-O1-71); 12. 88° 34' 30" 45.00 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-O1-71); 13. 88° 34' 30" 147.12 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-O1-71); 14. 197° 30' 129.49 feet along remainder of L.C. Aw. 11216 Ap. 50 to M. Kekauonohi (Certificate of Boundaries No. 33); 15. 94° 43' 30" 875.84 feet along remainder of L.C. Aw. 11216 Ap. 50 to M. Kekauonohi (Certificate of Boundaries No. 33); -2- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a pazt hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) The applicant,-its successors or assigns shall be responsible for complying with all of the stated conditions of approval. (B) The subject properties shall be developed in increments. The number of hales in the first increment shall not exceed the number of units of water which aze available and have been committed to the subject properties by the Department of Water Supply. (C) Any further development of hales shall occur only when sufficient county water becomes available by construction of on- and off-site water system improvements or an alternate water system. All improvements shall meet with the requirements of the Department of Water Supply and shall be installed prior to Final Subdivision and/or Plan Approval for the applicable portion of the development. (D) The required water commitment payment shall be submitted to the Depaztment of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. (E) Final Subdivision and/or Plan Approval for the initial phase of development shall be secured within five (5) yeazs from the effective date of this change of zone. Plans shall delineate a 10-foot wide strip for no-vehicular access planting screen easement along the property's frontage bordering the State highway and the old government road. A future road widening setback along the properties fronting the old government road shall be shown on all plans, meeting with the approval of the Department of Public Works. -4- (F) Improvements to the Honokaa-Waipio Road and the access driveway(s), for the project site shall be constructed in a manner meeting with the approval of the Department of Transportation. (G) No access for the subject development shall be allowed from the old goverrunent road. (H) If required, a drainage study shall be conducted to determine the type of drainage improvements that would be required given the topography of the area, the existing drainage system, and the amount of water generated by all portions of the proposed development. The study shall be reviewed and approved by the Department of Public Works. Drainage improvements shall be constructed meeting with the requirements of the Department of Public Works prior to the issuance of final subdivision and/or plan approval of the subject properties; (I) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for Final Subdivision and/or Plan Approval. A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable. (K) An archaeological clearance letter for the subject properties shall be secured from the Department of Land and Natural Resources -Historic Preservation Division prior to the start of any land clearing activities. -5- (L) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the (DLNR-HPD) when the (DLNR-HPD) finds that sufficient mitigative measures have been taken. (M) Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Department of Transportation, Fire and Department of Water Supply. (I~ To ensure that the Goals and Policies of the Recreational Element of the General Plan is implemented, the applicant shall work with the community to ensure that the old social hall (TMK: 6-8-06: 3) is available for community use at no cost. (O) To ensure that the Goals and Policies of the Housing Element and the Resort requirements of the General Plan, the applicant shall formulate a Housing Plan meeting with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This Housing Plan shall also address Employee Housing needs and shall be submitted to the Office of Housing and Community Development and the Planning Department and be approved by the County Housing Agency prior to Final Plan Approval. (P) A job training program for operating the Trees of Kukuihaele Resort shall be developed and submitted to the Department of Civil Service and the Planning Department prior to securing Final Plan Approval for any portion of the development. -6- (Q) As represented by this applicant and in Change of Zone Ordinance No. 94-63, lands behind the Tiger Camp (TMK: 6-8-06: Portions of 44), shall be consolidated and resubdivided and deeded to the respective lot owners within two (2) years from the effective date of this ordinance. (R) The applicant shall pay its fair shaze contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair shaze contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts aze adjusted. The fair shaze contribution shall become due and payable prior to final subdivision approval of any portion of the subject property or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair shaze contribution in a form of cash, land, facilities, services or any combination thereof shall be determined by the County Council. (S) 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 toward the requirements of the Unified Impact Fees Ordinance. -7- (T) An annual progress report shall be submitted to the Planning Department prior to the anniversary date of the approval of this change of zone. The report shall address in detail the status of the development (including number of units constructed) and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Department acknowledges that further reports are not required. (iJ) An initial extension of time for the performance of conditions within the ordinance, may be granted by the Planning Director upon the following circumstances: (1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that is not the result of their fault or negligence. (2) Granting of the time extension would not be contrary to the General Plan or Zoning Code. (3) Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. (4) 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). (5) Should the applicant require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -8- Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: jiEFERENC~Es Comm. 5 9 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -9- A-90, o ~ S goy Z w^ ~ ~ '~o ~ o~P A.,o. ~ 19 N A-40• V 18 n - ~ o, ------n I ~ 7,223.13 N ~ 1,856.97 E ~ n-+o, n - I . ~ "PUU MAUU NORTH" ~ _J n-I. t RS 15 ~ n - Boa I 5 I ' RS - 15 RS - 15~ _L'---'7 RS-15 R;-15~ ~ A - I • - ~ n-~O, RS - 1 5-15 ` A-~0, RS-15 n- k RS 40• ~S 5 ~ ?~or~ouM - ° ~ R5 - 15 A - AOa A-10, A ~O. PARCEL 2 SINGLE FAMILY RESIDENTIAL (RS-15) TO RESORT (V-25) AREA = 7.529 ACRES PARCEL 1 RESORT (V-43) TO RESORT (V-25) - ,,o, AREA = 23.585 ACRES ~ ~ n - ~ o. ~ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) AND RESORT (V-43) TO RESORT (V-25) AT KANAHONUA AND WAIKOEKOE, HAMAKUA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK 4-8-6: 3, 13 & POR. 44 NOV. 14, 2000 EXHIBIT aA» (TREES OF KUKUIHAELE, PLC)