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HomeMy WebLinkAboutBIL 016 Draft 03 2000-2002 bG~ ~ 1~ r ~r• COUNTY OF HAW , . TATE OF HAWAII t r ~a~'} BILL NO. 16 (Draft 3) 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 1: Beginning at a point at the northeast corner of this pazcel of land being also the northwest corner of R.P. 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 "PUU MAUU 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-01-71); 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-01-71); 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-01-71); 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-O1-71); 11. 88° 34' 30" 15.00 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-01-71); 12. 88° 34' 30" 45.00 feet along the northerly side of Honokaa- Waipio Road (Project No. 240 A-01-71); 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- 16. 191° 23' 503.63 feet along remainder of L.C. Aw. 11216 Ap. 50 to M. Kekauonohi (Certificate of Boundazies No. 33); 17. 191° 38' 166.66 feet along remainder of L.C. Aw. 11216 Ap. 50 to M. Kekauonohi (Certificate of Boundaries No. 33) to a point at the southerly side of Government Main Road; 18. 269° 56' 732.83 feet along the southerly side of Government Main Road; 19. 264° 40' 280.20 feet along the southerly side of Government Main Road; 20. 278° 03' 248.01 feet along the southerly side of Government Main Road; 21. 292° 48' 66.28 feet along the southerly side of Government Main Road to the point of beginning and containing an area of 23.585 Acres. Parcel 2 Beginning at a point at the northwest comer of this parcel of land being also the northeast corner of Lot 2b and on the southerly side of Government Main Road the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU MAUU NORTH" being 7,223.13 feet North and 1,856.97 feet East and running by azimuths measured clockwise from true South: 1. 292° 48' 471.33 feet along the southerly side of Government Main Road; 2. 35b° 10' 587.61 feet along portion of L.C. Aw. 8559-B Ap. 2 to Wm. C. Lunalilo; 3. 91° 30' 540.00 feet along portion of L.C. Aw. 8559-B Ap. 2 to Wm. C. Lunalilo; 4. 185° 00' 757.69 feet along portion of L.C. Aw. 8559-B Ap. 2 to Wm. C. Lunalilo to the point of beginning and containing an azea of 7.529 Acres. -3- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part 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) Water for the proposed development shall meet with the approval of the Department of Water Supply. The required water system shall be implemented prior to receipt of final subdivision approval or occupancy permit for the proposed units. (C) The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. (D) Final Subdivision and/or Plan Approval shall be secured within five (5) years from the effective date of this change of zone. Plans shall delineate a 50-foot wide future roadway between the Honokaa-Waipio Highway and the old government road as well as a 10-foot wide strip for no-vehiculaz access planting screen easement along the property's frontage bordering the Honokaa-Waipio Highway, except at the approved access point(s). A 10-foot 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. Said area shall be dedicated to the County upon its request. LE,~ Aside from routine maintenance purposes, anv removal of the existinrt stand of eucalyptus and banyan trees shall be subject to the submittal and acceptance of a detailed landscaping,nlan by the Plannins Director. -4- ([E]F) The access driveway(s) from the Honokaa-Waipio Road for the project site shall be constructed in a manner meeting with the approval of the Department of Transportation. ([F]G) No new access for the subject development shall be allowed from the old government road. ([G]am If required, a drainage study shall be conducted to determine the type of drainage improvements that would be required given the topography of the azea, 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; ([H]I) A solid waste management plan shall be prepazed meeting with the approval of the Department of Public Works prior to submitting plans for Final Subdivision and/or Plan Approval. ([I]Ja 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. ([J]K) An azchaeological cleazance 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 cleazing activities. ([K]im Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal -5- 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 azchaeological cleazance from the (DLNR-HPD) when the (DLNR-HPD) finds that sufficient mitigative measures have been taken. ([L]am 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. ([M]~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 made available for community use at little or no cost, subject to certain terms and/or restrictions relating to hours of use and type of beverage. ([N]O) To ensure that the Goals and Policies of the Housing Element and the Resort requirements of the General Plan aze implemented, 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. ([O]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- ([P]Q) As represented by the 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) yeazs from the effective date of this ordinance. This requirement shall be credited against Condition N. ([Q])~ The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, [police] and solid waste disposal facilities. The amount of the fair shaze contribution shall be the sum which is the product of multiplying the number of [residential lots] units proposed [to be subdivided] by the amounts allocated hereinbelow for each such [lot,] unit and shall become due and payable prior to [final subdivision approval] the issuance of the building_nermit for any portion of the [subject property or its increments.] proposed development. [If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment.] The fair shaze contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of [$7,876.20] 8$ .666.89 per [single-family residential] unit. Based upon the applicant's representation of intent to develop up to forty (40) [residential] units, the indicated total of fair shaze contribution is [$315,048.00] $346.675.60 [for single-family residential units]. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition (Q] R. The fair shaze contribution shall be allocated as follows: 1. [$3,798.04] 2 113.70 per [single-family residential] unit for an -7- indicated total of [$151,921.60] 584.548.00 to the County to support park and recreational improvements and facilities; [2. $183.22 per single-family residential unit for an indicated total of $7,328.80 to the County to support police facilities;] [3]2. [$361.88] 95.73 per [single-family residential] unit for an indicated total of [$14,475.20] 29.20 to the County to support fire facilities; [4]3. [$158.43] 6.80 per [single-family residential] unit for an indicated total of [$6,337.20] 1 872.00 to the County to support solid waste facilities; and [5]4. [$3,374.63] 6 410.66 per [single-family residential] unit for an indicated total of j$134,985.20] 5256.426.40 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HOPI). In lieu of paying the fair share contribution, the applicant may construct and contribute 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 approval of the director. The cost of providing and constructing the improvements required in Conditions D, and [E] F shall be credited against the sum specified in Condition [Q] R [(5)] ~ for road and traffic improvements. For purposes of administering Condition [Q,] R the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. Should any other permitted uses, other than resort, be developed on the subject property, the fair share contribution shall be adjusted accordingly. -8- Upon approval of the fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements ([R]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 towazd the requirements of the Unified Impact Fees Ordinance. ([S]am 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 aze not required. ([T]om 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. -9- (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 yeaz 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. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the azea to its original or more appropriate designation. SECTION 3. The conditions contained in SECTION 3 of Ordinance No. 94-63 shall not ~~p1y to properties covered by this ordinance. SECTION [3] 4. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -10- SECTION [4] 5. This ordinance shall take effect upon its approval. INTRODUCED O CIL ME BER, COUNTY HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -11- A-~Oa =0 4 goy Z I~ W^ ~ ~ P~~ ~ V ~O` A-,O. V IB A-,O. V 18 A - ~o• 7,223.13 N A-I. I 1,856.97 E A-I. I A-~o. -j "PUU MAUU NORTH" ~ A-I. RS 15 I A - COs I L-- A - 10• I• ~~~-J A - 10s 5 I I RS - 15 L___ RS-15~ RS-15 R;-15~ A - 1 s A - ~O• RS - 5-15 I` A-COs RS-15 A" t ,ps 10• s ~ A-COs I A-COs A, I• I V-~5 ~O\`s RS-15 A-40a A - 10s A ~O• PARCEL 2 SINGLE FAMILY RESIDENTIAL (RS-15) TO RESORT (V-25) AREA = 7.529 ACRES P RCEL 1 RESORT (V-43) TO RESORT (V-25) i A - t o, / AREA = 23.585 ACRES ,y ~ 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 4-8-8: 3, 13 do POR. 44 NOV. 14, 2000 EXHIBIT „ARR (TREES OF KUKUIHAELE, llC) L