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Home My WebLink AboutORD 2001-022 2000-2002 ~~~i. uc COUNTY OF HAW , ~ -'TATE OF HAWAII l Y. - BILL NO. 1 ~ (Draft 4) ORDINANCE NO. 0 i 22 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 Warkoekoe and Kanahonua, Hamakua, Hawaii, shall be Resort-Hotel (V-25) Parcel 1 Beginning at a point at the northeast comer of this pazcel of land being also the northwest comer 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 MAW NORTH" being 7,223 13 feet North and 1,856 97 feet East and Running by aumuths 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-Walpio 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-O1-71), 3 358° 34' 30" 40.00 feet along a dog m the Honokaa-Waipio Road (Project No 240 A-O1-71); 4 88° 34' 30" 35 00 feet along the northerly side of Honokaa- Wazp~o 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 agog m the Honokaa-Wazpio 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 m the Honokaa-Waipio Road (Project No 240 A-O1-71), 9 88° 34' 30" 105 00 feet along the northerly side of Honokaa- Wazp~o Road (Project No 240 A-O1-71); 10. 88° 34' 30" 45 00 feet along the northerly side of Honokaa- Warpio 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-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- Warpio Road (Project No 240 A-O1-71), 14 197° 30' 129.49 feet along remaznder of L C Aw 11216 Ap 50 to M Kekauonolu (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 Boundanes No 33), -2- 16 191° 23' 503 63 feet along remainder of L.C. Aw 11216 Ap. 50 to M. Kekauonohi (Certificate of Boundaries No. 33), 17 191 ° 38' 166 66 feet along remainder of L C Aw 11216 Ap. 50 to M Kekauonohr (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 azea of 23.585 Acres Parcel 2 Begrrwng at a point at the northwest corner of this pazcel of land being also the northeast corner of Lot 26 and on the southerly side of Government Main Road the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU MAW 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; 2 356° 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 Lunalrlo; 4 185° 00' 757.69 feet along portion of L.C. Aw 8559-B Ap. 2 to Wm. C. Lunalrlo to the point of beginning and containing an area of 7.529 Acres -3- All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2 This change in distract 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 requued water system shall be implemented poor 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 ] 0-foot wide strip for no-vehiculaz access planting screen easement along the property's frontage bordenng 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. (E) Aside from routine maintenance purposes. any removal of the existing stand of eucalyptus, hack fruit, and banyan trees shall be subject to the submittal and acceptance of a detailed landscaping plan by the Planning Director -4- (F) The access dnveway(s) from the Honokaa-Waipro Road for the project site shall be constructed in a manner meeting with the approval of the Department of Transportation (G) No new access for the subJect development shall be allowed from the old government road. (H) If required, a drainage study shall be conducted to detennute the type of drainage tmprovements 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 subdrv~sion and/or plan approval of the subject properties; (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 (J) 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 azchaeological 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 cleanng activities (L) Should any umdenGfied srtes or remains such as artifacts, shell, bone, or charcoal -5- deposits, human burrals, rock or coral alignments, pavmgs or walls be encountered, work in the immediate azea shall cease and the (DLNR-HPD) shall be rmmedrately notified Subsequent work shall proceed upon an azchaeological clearance from the (DLNR-HPD) when the (DLNR-HPD) finds that sufficient mitigative measures have been taken. (M) Comply with all applrcable laws, rules, regulations and requirements, including those of the Department of Health, Department of Transportation, Fire and Department of Water Supply. (N) To ensure that the Goals and Policies of the Recreational Element of the General Plan is implemented, the applrcant shall work with the community to ensure that the old social hall (TMK 4-8-06 3) is made available for community use at little or no cost, subject to certazn terms and/or restrictions relating to hours of use and type of beverage (O) To ensure that the Goals and Polrc~es of the Housing Element and the Resort requirements of the General Plan are implemented, the applicant shall formulate a Housing Plan meeting with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housrng Policy. This Housing Plan shall also address Employee Housrng needs and shall be submitted to the Office of Housing and Community Development and the Planning Department and be approved by the County Housrng Agency prior to Final Plan Approval (P) A fob framing 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 Frnal Plan Approval for any portion of the development -6- (Q) As represented by the applicant and to Change of Zone Ordinance No. 94-63, lands behind the Tiger Camp (TMK: 4-8-06 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 regmrement shall be credited against Condition N (R) The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, pazks and recreation, fire, and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of units proposed by the amounts allocated herembelow for each such amt and shall become due and payable prior to the issuance of the building permit for any portion of the proposed development The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director m consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $8,666.89 per unit. Based upon the applicant's representation of Intent to develop up to forty (40) units, the indicated total of fair share contribution ~s $346,675.60. However, the total amount shall be increased or reduced in proportion with the actual number of amts according to the calculation and payment provisions set forth m this Condition R. The fair share contribution shall be allocated as follows 1 $2,113 70 per unit for an indicated total of 584,548.00 to the County to support park and recreational improvements and facilities, 2 $95 73 per amt for an indicated total of 53,829.20 to the County to support fire facilities, 3 $46 80 per unit for an indicated total of 51,872.00 to the County to support solid waste facilities; and 4. $6,410 66 per amt for an md~cated total of 5256,426.40 to the State or County to support road and traffic unprovements -7- 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 Pace Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, solid waste disposal facilities, and roads withm 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 F shall be credited against the sum specified in Condition R (4) for road and traffic improvements For purposes of administering Condition R, the fair mazket value of land contributed or the cost of any improvements required or trade 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 peimitted uses, other than resort, be developed on the subject property, the fair share contribution shall be adjusted accordingly Upon approval of the fair shaze 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 unplementation requirements. (S) No more than forty (40) units shall be developed on the 32 14 acres of land. (T) Plans for the renovation of the plantation manager's house shall be submitted to the Department of Land and Natural Resources, Historic Preservation Division, for review and approval in accordance with Section 6E-10, Hawaii Revised Statutes, prior to commencement of any construction, alteration or other -g- improvement to the plantation manager's house (U) 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 (V) 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. Tlus condition shall remain in effect until all of the conditions of approval have been complied w7th and the Planning Department acknowledges that further reports aze not required (W) An tnittal 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 -9- (4) The tune 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 yeaz) (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 to SECTION 3 of Ordinance No 94-63 shall not apply to properties covered by this ordinance SECTION 4 In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance SECTION 5 This ordinance shall take effect upon its approval INTRODUCE BY NCO CIL MEMBER, COUNTY F HAWAII Hilo, Hawaii Date of Introduction February 5, 2001 Date of 1st Reading February 5, 2001 Date of 2nd Reading February 22 , 2001 Effective Date: March 6, 2001 REFERENCFi Catxn. 59.5 APPROVED AS TO FORM AND LEGALITY CORPORATION 9UNSEL DATED -10- A +O• it ~ gOy °z w - ~ ~O ~ N ~o~P A ,o. ~ ~e . ,o. 19 A +o. 7,22313 N n ( A +o, 1,85697 E A I, I 1 "PUU MAUU NORTH" ~ _J n I. I es I5 I A +O. I 5 I [5 15 RS 15~ _ [5 15~ [S 15 - ~ / A I• A +O. 5 I 5 If A ` A +O• P S 15 ff +O• ~ ~ I 10 A +O• +0• A I• ~ V +5 \ [S IY A +O• A +O. 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) A +oA /j / AREA = 23.585 ACRES ~ ~ p j 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 do POR 44 NOV 14, 2000 EXHIBIT oA (TREES OP KUKUIMAELE, LLC) OFFICE OF THE COUNTY CLERK County of Hawa~r Hilo , Hawau (DRAFT 4 ROLL CALL 1t A S S ABS EX InVaducedHy: Bobby Jear. Leithead-Todd (B/R) A~k~ I g. Datelntroduced February 5, 2001 Chung X FrrstReading February 5, 2001 Elanonoff _ X Publrshed February 19 b 20, 2001 Jacobson X Le~ihead-Todd X RE1L~1R,l".S P~siccluo X Safank X Tiler X Yagong X ~ 2 v 0 Second Reading February 22, 2001 ROLL CALL VOTE To Mayor Fehr„ar~ 7F,~ ~nn1 AYES NOES ABS EX ' Retained March 7, 2001 Arakala X Effecuve March 6, 2001 Chung X Pubhshed March 15, 2001 Elanonoff X Jawbson X REIUR,C.S Leuhead-Todd X Prsrcchro X Safank X T~•ler X Yagong X c 2 1 ' 0 I DO HEREBY ('ERT/FY that the foregoing BILL was adopted by the ('ormty ('oturcd pubh shed as nrdreated above APPROVED AS TO FORM AND LEGALITY: ~i DEPUTY CPO ION COUNSEL COUNTY O/F HAWAII C~'CIL C'HALR~i-1 Date 02J3-7~ / l/~Y~(~-` T~ 1'T} ('LFJtA . ~ :1pprove -D~cnpproredtRn (per dnv f Nl amr,4~ . 'oQl- i~ Br11No 16 (Draft 4) A~IAYOR, ('UI/NTYOFHAWAI/ Reference C-59/PC-7 Ord No