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HomeMy WebLinkAboutBIL 003 Draft 01 2002-2004 COUNTY OF HAWAL`I,; ; STATE OF HAWAI`~ BILL NO. 3 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO MULTIPLE FAMILY RESIDENTIAL (RM-4) AT WAIAHA 151, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-18:8. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-5, 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 area situated at Waiaha ls', North Kona, Hawaii, shall be Multiple Family Residential (RM-4): Beginning at the Northeast comer of this pazcel of land, at a found pipe in concrete at the junction of stonewalls on the Westerly side ofKailua-Keauhou Middle Road, being also the Southeast corner of TMK: (3) 7-5-18:19, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA" (North Meridian) being 4,453.98 feet South and 2,261.66 feet East and running by azimuths measured clockwise from True South: Thence, along the Southwesterly comer ofKailua-Keauhou Middle (Walua) Road, along the Northeasterly face of an old stonewall for the next forty (40) courses: 1. 338° 41' 00" 12.13 feet to a pipe in concrete; 2. 320° 0T 45" 44.58 feet to a rebaz and cap; 3. 317° 33' 30" 35.63 feet to a rebaz and cap; 4. 316° 18' 00" 37.69 feet to a rebar and cap; 5. 317° 02' 30" 86.63 feet to a P.K. Nail; 1 6. 330° 11' 00" 41.57 feet to a P.K. Nail in rock; 7. 320° 28' 00" 14.30 feet to a rebar and cap; 8. 312° 08' 30" 12.31 feet to a rebar and cap; 9. 313° 19' 00" 20.54 feet to a rebar and cap; 10. 309° 42' 30" 14.59 feet to a set pipe; 11. 292° 1 T 30" 41.09 feet to a set pipe; 12. 287° 11' 10" 77.63 feet to a rebar and cap; 13. 295° 43' 00" 23.72 feet to a rebar and cap; 14. 302° 08' 00" 102.67 feet to a rebar and cap; 15. 294° 3T 30" 42.76 feet to a rebar and cap; 16. 304° 36' 00" 15.17 feet to a rebar and cap; 17. 308° 2T 00" 36.26 feet to a rebar and cap; 18. 305° 35' S0" 144.22 feet to a rebar and cap; 19. 322° 45' 30" 67.45 feet to a rebar and cap; 20. 329° 35' 00" 73.37 feet to a rebar and cap; 21. 341 ° OS' 15" 21.19 feet to a found pipe; 22. 335° 5T 35" 26.49 feet to a set P.K. Nai] in rock; 23. 335° 56' 00" 77.76 feet to a rebar and cap; 24. 339° 12' 330" 29.52 feet to a found pipe; 25. 323° 04' 30" 29.17 feet to a found pipe; 26. 321 ° 55' 20" 47.90 feet to a found pipe; 27. 320° 5T 10" 61.16 feet to a found pipe; 2 28. 307° 1 T 20" 29.93 feet to a set pipe; 29. 313° 51' 00" 83.80 feet to a found pipe; 30. 305° 32' S0" 10.43 feet to a found pipe; 31. 295° 56' 30" 44.71 feet to a found pipe; 32. 298° 49' 15" 15.74 feet to a found pipe; 33. 298° 47' 00" 20.40 feet to a found pipe; 34. 286° 3T 00" 16.93 feet to a rebar and cap; 35. 295 00' 00" 22.01 feet to a rebar and cap; 36. 289° 28' 30" 25.18 feet to a rebar and cap; 37. 300° 59' 00" 23.54 feet to a found pipe; 38. 290° 14' 00" 19.07 feet to a set P.K. Nail in concrete; 39. 293° 15' 00" 32.65 feet to a set P.K. Nail in rock; 40. 298° 41' 00" 31.01 feet to a rebar and cap; Thence, along an old stonewall (rebuilt in places), along Kona Lani Subdivision (along Grant 5327 to Samuel Liftee) along Waiaha 2"d for the next twenty (20) courses: 41. 68° 49' 00" 63.53 feet along Lot 29 to a found nail; 42. 79° 34' 00" 2.89 feet along Lot 29 to a found pipe; 43. 76° 13' 00" 66.56 feet along Lot 27 to a found spike; 44. 69° 04' 30" 8.43 feet along Lot 27 to a found pipe; 45. 70° 51' 30" 65.49 feet along Lot 25 to a point; 46. 75° 48' 00" 9.76 feet along Lot 25 to a found pipe; 47. 76° 00' 25" 74.49 feet along Lot 23 to a point; 3 48. 75° 59' 00" 8.44 feet along Lot 21 to a point; 49. 70° 45' 00" 90.28 feet along Lots 21 and 19 to a point; 50. 66° 22' 30" 48.26 feet along Lot 19 to a point; 51. 71° 33' 00" 3.65 feet along Lot 19 to a point; 52. 71° 20' 45" 75.20 feet along Lot 17 to a found pipe; 53. 71 ° 25' 35" 74.74 feet along Lot 15 to a found pipe; 54. 72° 53' 40" 24.78 feet along Lot 13 to a point; 55. 77° 03' 00" 62.89 feet along Lot 13 to a found pipe; 56. 77° 45' 00" 35.17 feet along Lot 7-A-1 to a point; 57. 74° 52' 30" 112.71 feet along Lot 7-A-1 to a point; 58. 69° 59' 00" 106.64 feet along Lot 7-A-1 to a found pipe; 59. 69° 53' 00" 27.02 feet along Lot 3A to a point; 60. 70° 00' 00" 46.92 feet along Lot 3A to a found spike; Thence, along TMK: 7-5-18:03, along the remainder of R.P. 1930, No. 3 to Asa Thurston, a por. of L.C. Aw. 387, Part 4, Sec. 2 to American Board of Commissioners for Foreign Missions for the following three (3) courses: 61. 150° 48' 38" 22.07 feet to a point; 62. 157° 49' 45" 58.67 feetto a found spike; 63. 70° 04' 30" 154.03 feet along the Northerly side of R.P. 6672, L.C. Aw. 7241 to Kalama to an old found spike; Thence, along the Easterly side of Alii Drive, along a curve to the right having a radius of 1,407.70 feet, the chord azimuth and distance being: 64. 167° 50' 18.5" 181.02 feet to a set P.K. Nail in West face of stonewall; 4 65. 171° 31' 30" 119.80 feet along the Easterly side of Alii Drive to a found pipe; Thence, along the middle of an old stonewall along L.C. Aw. 6699, Apana 2 to Lumaawe for the next nine (9) courses; 66. 264° 4T 20" 15.12 feet to a rebar and cap; 67. 279° 38' 30" 5.32 feet to a rebar and cap; 68. 266° 58' 00" 24.85 feet to a rebar and cap; 69. 254° 59' 30" 22.77 feet to a rebar and cap; 70. 248° 26' 30" 6.81 feet to a set P.K. Nail in wall; 71. 207° 59' 00" 18.54 feet to a P.K. Nail in wall; 72. 198° 22' 30" 22.20 feet to a rebaz and cap; 73. 182° 33' 00" 9.12 feet to a rebar and cap; 74. 166° 30' S0" 76.90 feet to a found pipe; Thence, along TMK: (3) 7-5-018-010, the remainder of R.P. 1930, No. 3, L.C. Aw. 387, Part 4, Sec. 2 for the following two (2) courses: 75. 259° 48' S0" 34.84 feet to a rebaz and cap; 76. 171 ° 31' 30" 125.76 feet to a P.K. Nail set in existing fence post; Thence, along Parcel A (Waiaha Bay Sewage Pump Station Site), along the remainder of R.P. 1930, No. 3, L.C.Aw. 387, Part 4, Sec. 2 for the following three (3) courses: 77. 261 ° 31' 30" 63.36 feet to a rebar and cap; 78. 171 ° 31' 30" 225.00 feet to a rebar and cap; 79. 81 ° 31' 30" 192.56 feet to a rebar and cap; Thence, along the Easterly side of Alii Drive, along a curve to the left having a radius of 5,754.70 feet, the chord azimuth and distance being: 5 80. 166° 49' 20" 504.82 feet to a found pipe at wall junction; 81. 253° 04' 00" 223.20 feet along the middle of an old stonewall to the point of beginning and containing an area of 18.946 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe 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. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. 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. C. Final Plan Approval for the proposed multiple family residential development and its related improvements shall be secured from the Planning Director in accordance with the Zoning Code, Sections 25-2-71 (c)(3), 25-2-72, 25-2-74 and 25-4-12 within five (5) years from the effective date of this ordinance. Plans shall identify proposed structures, 6 fire protection measures, access roadway(s) and driveway(s), parking area(s) and landscaping associated with the proposed development. D. Primary access into the project site from Ali'i Drive and Walua Road shall meet with the approval of the Department of Public Works and shall contain, at a minimum, 40 feet of vehicle storage and aturn-around area outside of the County rights-of--way. E. The applicant shall provide the following improvements to roadways in the immediate vicinity of the subject property, in a manner as required by the Department of Public Works, to ensure the proper mitigation of impacts to traffic that will be generated by the proposed development. These roadway improvements shall be completed and dedicated to the County of Hawaii prior to the issuance of a certificate of occupancy for any portion of the proposed residential development: 1. Improve that portion of Ali'i Drive and Walua Road in the immediate vicinity of the project site to collector street standards. 2. Two-way lefr turn lanes, left turn storage lanes or other appropriate improvements to facilitate left-turn movements into the proposed development shall be installed within Ali'i Drive and Walua Road at the project site's driveway entrances if determined to be necessary by the Department of Public Works. 3. The applicant shall work with the Department of Public Works to define the location and type of shoulder improvements to both Ali'i Drive and Walua Road in the immediate vicinity of the project site that shall contain, at a minimum, paved shoulders along the mauka side of Ali'i Drive and curb, gutter and sidewalks along 7 one-side of Walua Road, drainage improvements and necessary relocation of utilities. 4. The applicant shall provide all necessary improvements to Lunapule Road at its intersection with Ali'i Drive and Walua Road, as determined by the Department of Public Works. Intersection improvements, as maybe required by the Department of Public Works, shall also be provided on Walua Road at its intersections with Kuakini Highway and Ali'i Drive. 5. The applicant shall provide all necessary markings and safety devices necessary to ensure a safe Ali'i Drive mid-block crosswalk from the proposed public parking area/restroom facilities to Waiaha Bay, as may be required by the Department of Public Works. F. The applicant shall ensure that the mauka-makai interior access roadway through the project site shall be available to the general public for emergency evacuation purposes. This requirement shall be incorporated within an evacuation plan for the proposed residential development that shall be approved by the Civil Defense Agency prior to the issuance of a certificate of occupancy for any portion of the proposed multiple family residential development. G. A drainage study of the project site and immediately surrounding area, including an assessment of a proposed storm sewer to be located within project site as recommended by The Master Plan for Kailua-Kona, shall be conducted by the applicant and approved by the Department of Public Works, prior to the submittal of plans for Final Plan Approval Review. Drainage improvements within the project site, if required, shall be constructed meeting with the approval of the Department of Public Works 8 prior to the issuance of a Certificate of Occupancy for any portion of the multiple family residential project. H. The applicant shall submit a Solid Waste Management Plan for the development to the Department of Environmental Management for its review and approval. A copy of the approved Plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. An Archaeological Preservation and Burial Treatment Plan shall be submitted for the review and approval of the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD). Proposed mitigation treatment for the burial sites within the subject property shall be approved by the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits. J Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. K. 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, Hawaii County Code relating to 9 Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval of each increment. L. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and maybe increased or reduced proportionally if the unit counts are adjusted. The fair share contribution for each unit shall be based on a maximum density for each unit as determined by the zoning resulting from this change of zone. The fair share contribution shall become due and payable incrementally as the subdivision is built out. 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 this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the 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 approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions. M. The applicant shall contribute to the development, funding, and/or construction of school facilities, on a fair-share basis, as determined by the Planning Department in consultation with the Department of Education, prior to the issuance of a certificate of occupancy for any portion of the 10 proposed residential development. Terms of the contribution shall be agreed upon in writing by the applicant and the Planning Department prior to the issuance of building permits for any portion of the proposed development. N. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies, including those of the Department of Health and the Fire Department. O. 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. P. An initial extension of time for the performance of conditions within the ordinance maybe 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 are 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 11 performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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: _ ~ Jv ~ CO~JNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 15` Reading: Date of 2nd Reading: Effective Date: REFERENCES Conan. ,_,,-,~g.__--- 12 2 V1 ~ N RM-1.25 V-.75 m RM-i x.75 9~ W E y RS-15 RM-0 v-7s ~ 9G.9 y42 s Rn~z CVOp RM-i V-75 CV-f0 A-fa ~h~~ r~lr sa. ti~ SINGLE-FAMILY RESIDENTIAL (RS-10) TO 4~ ~,,a MULTIPLE FAMILYRESIDENIIAL(RM-4) °~F ao AREn = 19.946 PCres Y~' RS-10 '•t CV-10 i A `Yq<UgR la7a 75 A N O to ~a 75 ~ =1,t ~ cv-1o Gq Raa75 4i E' 'o _ R6a 75 `~~O ~a 75 CVdO cvoo cv-1o ,~~NPP~ RM-4 CV-10 n Rp375 P ~ o U ~ CV-l0 A V-1.25 RM~4 RAA-4 V-1.25 V-t25 V-t25 0 500 1000 1500 2(100 Feet AMENDMENT TO THE ZONI NG CODE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO MULTIPLE FAMILY RESIDENTIAL (RM-4) AT WAIAHA 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :7-5-018:008 August 23, 2002 IXFiIBIT "A" (SUNSTONE REALTY:1072)