HomeMy WebLinkAboutBIL 003 Draft 05 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL N0.3
(Draft 5)
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 ls`, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY
7-5-18:8.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
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 1 North
Kona, Hawaii, shall be Multiple Family Residential (RM-4):
Beginning at the Northeast corner of this parcel of land, at a found pipe in
concrete at the junction of stonewalls on the Westerly side of Kailua-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 corner of Kailua-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 rebar and cap;
3. 317° 33' 30" 35.63 feet to a rebar and cap;
4. 316° 18' 00" 37.69 feet to a rebar and cap;
1
5. 317° 02' 30" 86.63 feet to a P.K. Nail;
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" 4l .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;
l6. 304° 36' 00" 15.17 feet to a rebar and cap;
] 7. 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' 1 S' 21.19 feet to a found pipe;
22. 335° 5T 3~" 26.49 feet to a set P.K. Nail 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;
2
26. 321 ° 55' 20" 47.90 feet to a found pipe;
27. 320° 5T 10" 6l 16 feet to a found pipe;
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' I S' 15.74 feet to a found pipe;
33. 298° 4T 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"~ 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;
3
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;
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' 4~" 75.20 feet along Lot 17 to a found pipe;
53. 71 ° 25' 3~" 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" 113.71 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, Sea 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 feet to a found spike;
63. 70° 04' 30" 154.03 feet along the Northerly side of R.P. 6672,
4
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° SU' 18.5" 181.02 feet to a set P.K. Nail in West face of
stonewall;
65. 171 ° 31' 30" 1 19.80 feet along the Easterly side of Alii Drive to a
fowid 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" S.S2 feet to a rebar and cap;
68. 266° 58' 00" 24.85 feet to a rebar and cap_
69. 254° 59' 3U" 22.77 feet to a rebar and cap;
70. 248° 26' 3U" 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 rebar and cap;
73. 182° 33' 00" 9.12 feet to a rebar and cap;
74. 166° 30' SU" 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 rebar and cap;
76. 171 ° 31' 30" 125.76 feet to a P.K. Nail set in existing fence post;
fhence, 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
5
(3) courses:
77. 261 ° 31' 30" 6336 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:
80. l 66° 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, Ilawai`i County Code, 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
(B) F'ultillment 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
6
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this
ordinance.
C. Pinal 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 ofthis ordinance. Plans shall identify proposed structures,
fire protection measures, access roadway(s) and driveway(s), parking
area(s) and landscaping associated with the proposed development. The
landscaping plan shall meet the goals and objectives of the Kailua Village
Special District.
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:
I . Improve that portion of Ali'i Drive and Walua Road in the
immediate vicinity of the project site to collector street standards.
7
2. A lefr turn storage lane or other appropriate improvements to
facilitate left-turn movements into the proposed development from
Walua Road shall be installed at the project's Walua Road
driveway entrance. Left turns into the project site at the Alii Drive
driveway entrance shall be prohibited.
3. "The improvements on Walua Road shall consist of curb, gutter and
sidewalks along the mauka side and paved swales on the makai
side including drainage improvements and necessary relocation of
utilities. Alii Drive improvements shall include paved shoulders
along the mauka side of Alii Drive.
4. At the Walua Road and Kuakini Highway intersections. a median
refuge lane may be installed along Kuakini Hig~y. if required
by the Department of Public Works.
[4]~ The applicant shall provide twenty public parking stalls and
restroom facilities along the mauka side of Alii Drive and on the
Cowity's Sewer Pump Station to accommodate the public's use of
Waiaha Bay. There shall also be adequate space on the project site
for an additional twenty parking stalls for future development.
[5]6. The applicant shall providc 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.
8
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
certitlcate 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
prior to the issuance of a Certificate of Occupancy for any portion of the
multiple family residential project.
H. fhe applicant shall sewer this project and connect to the County sewer line
on Alii Drive. "fhe applicant shall also stub out a sewer connection across
Walua Road to the property mauka of Walua Road prior to or in
conjunction with making the shoulder improvements required in
Condition E(3).
L 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.
9
This plan shall encourage the use of recycling and minimize the use of the
County Landfill at Puuanahulu.
J. A drainage study shall be prepared, and the recommended drainage system
shall be constructed in a manner meeting with the approval of the
County's Planning Department in consultation with the Departments of
Health and Public Works, prior to the establishment of any use within the
project site. The applicant shall design mitigation measures to contain
spills and prevent any material from leaching or draining into the ground.
Project site dry wells, or drainage systems as part of the drainage study
shall contain, at a minimum, drywell systems that are designed with a
debris catch basin before flowing into the drywell. Oil and water
separators will be required on those properties where petroleum products
are anticipated to be utilized.
K. 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 Pinal 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.
L. Should any remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be encountered,
10
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 havc been taken.
M. fo 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 Hawaii County Code relating to
Affordable fIousing Policy. "Chic requirement shall be approved by the
County f lousing Agency prior to final subdivision approval of each
increment.
N. The applicant shall make its fair share contribution to mitigate potential
regional impacts of the subject project with respect to roads, parks and
recreation, tire, police 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 multiple family residential units proposed to
be developed by the amounts allocated hereinbelow for each such unit,
and shall become due and payable prior to the issuance of the Certificate
of Occupancy for any unit on the subject property or its increments. If
the subject property is developed 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 multiple family residential units in
each such increment. The fair share contribution, in a form of cash,
land, facilities or any combination thereof, acceptable to the director in
consultation with the aftected agencies, shall be determined by the
11
County Council. The fair share contribution shall have a maximum
combined value of $5,054.07 per multiple-family residential unit. Based
upon the applicants representation of intent to develop [up to] ~
additional 117 units for a total of two hundred (200) multiple-family
residential units, the indicated total of fair share contribution is
[$1,010,814.00] X591,326.19 for multiple-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 N. The fair share contribution
shall be allocated as hollows:
1. $2,493.03 per multiple-family residential unit for an indicated
total of [$498,606.00] $291,684.51 to the County to support park
and recreational improvements and facilities;
2. $78.79 per multiple-family residential unit for an indicated total
of [$15,758.00] $Q,218.43 to the County to support police
facilities;
3. $242.37 per multiple-family residential unit for an indicated total
of [$48,474.00] $28„i57.29 to the County to support fire
facilities;
4. $108.03 per multiple-family residential unit for an indicated total
of [$21,606.00] $12,639.51 to the County to support solid waste
facilities; and
5. $2,131.85 per multiple-family residential unit for an indicated
total of [$426,370.00] $249,426.45 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,
12
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 reyuired in Conditions D, E and F shall be credited
against the sum specified in Condition N (5) for road and traffic
improvements. The cost of providing and constructing the improvements
required in Condition E [(4)] X25 shall be credited against the sum
specified in Condition N (1) for parks and recreation improvements. For
purposes of administering Condition N, the fair market value of land
contributed or the cost of any improvements required or made in lieu of
the fair share contribution shall he subject to review and approval of the
director, upon consultation with the appropriate agencies.
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 identities the specific approved fair share and/or in lieu
contributions, as allocated, and further implementation requirements.
O. 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 auy portion of the
proposed residential development based on the demographics of the
project. Terms o1 the contribution shall be agreed upon in writing by the
13
applicant and the Planning Department prior to the issuance of building
permits for any portion of the proposed development.
P. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies, including those of the Department of
I lealth and the Fire Department.
Q. 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.
R. 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 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
14
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.
S. 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. Iu 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 -
,
~i~~2~/ ~ -t_.P. cad-(' ~~~j°
OU IL MEMBER, COUNTY OF I-IAWAI`I
Hawaii
Date of Introduction:
Date of 1"Reading:
Date of 2°~ Reading:
Effective Date:
REFERENC:c t;anm. ...18.16__ _
15
oL V-1 ~ N
RMt25
V-.75 ~ RMi y
V-. 75 ~ ~ W
RS-l5 RM4
9~ 5
v- 7s ~ 9 ~ S
'j4~ RM2
CV-f0 RMi
V-. 75 CV-f0 A-la
V-J5 ~/~Lq CV-fo
s-7 a,~sa ~~"OHa~ SINGLE-FAMILY RESIDENTIAL (RS-10) TO
n'~o MULTIPLE FAMILY RESIDENTIAL(RM4)
<F
'POgo AREA = 16.946 Pees
V- 75
p r
I
RS 10 i,
h'i ~ CV-1''1I0~
i- + •Y
p ~ { ? .t q(Uq RO 863.75
i" 86375
t
E ~ ~ CV40 ~G
' Po7-375 ~4 q~V
0
~ 86375 863.75 CWO
cv m cv m ~ONpPU Rana
CV-lo ~ Rp375
Po
CV-fa o
A
W 25 M 9 RM4
V-1 25
9~0
OR~LP
V-1.25
V-L25
0 500 1000 1500 2000 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~)
AT WAIAHA 1st, NORTH KONA, HAWAI I
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAI I
TMK :7-5-018:008 August 23, 2002
EXHIBIT "A~ ~ (SUNSTONE REALTY :1072)