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HomeMy WebLinkAboutBIL 070 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 7p ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO MULTIPLE-FAMILY RESIDENTIAL (RM-2.5) AT PUA`A 1sT, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-10:61. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, 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 Pua`a 151, North Kona, Hawaii shall be Multiple-Family Residential (RM-2.5): Beginning at a spike (found) at the Northwesterly comer of this parcel of land, being also the Southwesterly comer of Lot 10 of Land Court Application 1874 as shown on Map 2 (The Pines at Kailua-Kona I) and being a point on the Easterly side of Hualalai Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 2,948.65 feet South and 4,229.35 feet East and conning by azimuths measured clockwise from Tme South: l . 261" 50' 49" 3.45 feet along Lot 10 of Land Court Application 1874 as shown on Map 2 (The Pines at Kailua-Kona I) to a % inch pipe (set); 2. 264° 04' 29" 186.15 feet along Lot 10 of Land Court Application 1874 as shown on Map 2 (The Pines at Kailua-Kona I) to a % inch pipe (set); -1- 3. 259° 09' 49" 990.06 feet along Lot 10 of Land Court Application 1874 as shown on Map 2 (The Pines at Kailua-Kona I) and along the Westerly side of Queen Kaahumanu Highway (F.A.P. Project No. 11A-03-69) to a''/z inch pipe (found); 4. 334° 11' 538.21 feet along the Westerly side of Queen Kaahumanu Highway (F.A.P. Project No. l 1 A-03-69) to a'/a inch pipe (found); 5. 88° 23' 20" 520.51 feet along stonewall, along the Westerly side of Queen Kaahumanu Highway (F.A.P. Project No. 11A-03-69) and along Grant 1744 to Kahaunaele to a pipe a 1 '/4 inch pipe in concrete marked " 36"; 6. 93° 38' 49" 175.70 feet along stonewall and along Grant 1744 to Kahaunaele to a 1 '/o pipe in concrete marked " 34"; Thence, for the next six (6) courses following along the Easterly side of Hualalai Road: Thence, following on a curve to the left with a radius of 165.00 feet, the chord azimuth and distance being: 7. 125° 33' 38" 79.58 feet to a on rock (found); 8. 11 l ° 36' 19" 248.00 feet to a % inch pipe (found); Thence, following on a curve to the left with a radius of 425.00 feet, the chord azimuth and distance being: 9. 101° 02' 19" 155.87 feet to a on rock (found); 10. 90° 28' 19" 69.51 feet to a % inch pipe (found); Thence, following on a curve to the right with a radius of 175.00 feet, the chord azimuth and distance being: 11. 113° 30' S9" 137.01 feet to a % inch pipe (set); -2- 12. 136° 33' 39" 8l .84 feet to the point of beginning and containing an area of 9.262 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. As recommended by and in a manner meeting with the approval of the Department of Water Supply, the applicant shall provide water system improvements necessary to support the provision of water to the project site prior to the issuance of Final Plan Approval for any portion of the proposed development. These improvements may include the extension of an existing 8-inch water line in Welo Street at its junction with Hoene Place in the Kailua View Estates Subdivision and crossing the Queen Ka`aliumanu Highway to the -3- subject property. In addition, the 170-gpm booster pump station at the 0.05-MG Aloha Kona reservoir maybe upgraded to accommodate the proposed project. Finally, the existing 0.1-and 03-million gallon reservoirs that would service the subject property may require additional storage capacity. D. Final Plan Approval for any structure or use on the subject property 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, fire protection measures, access roadway(s) and driveway(s), parking area(s) and landscaping associated with the proposed development. E. A burial treatment plan for any burials identified within the project site and an archaeological monitoring plan for the entire property shall be prepared for the review and approval of the Department of Land and Natural Resources-Historic Preservation Division and implemented prior to the submittal of plans for Plan Approval Review or the commencement of any land alteration activities. F. The archaeological site identified for preservation (Site 21762) by the Inventory Survey Report prepared for the subject property dated August 1999 shall be preserved and the appropriate archaeological preservation easements established in a manner meeting with the approval of the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to the issuance of Final Plan Approval for any portion of the proposed development. G. The applicant shall provide aleft-turn lane within Hualalai Road at the entrance to the proposed development in a manner meeting with the approval of the -4- Department of Public Works prior to the issuance of a certificate of occupancy for any portion of the proposed development. H. Should actual construction of the subject property not commence within one (1) year from the date of Final Plan Approval or within six (6) years from the effective date of this ordinance, whichever occurs first, or should such development not constitute a housing development restricted to qualified elderly persons under 42, U.S.C. §3607, a revised Traffic Impact Analysis Report (TIAR) for the proposed multiple family residential development shall be prepared and submitted for the review and approval of the Department of Public Works, prior to the submittal of plans for Plan Approval Review. The revised TIAR shall consider, at a minimum, development currently under construction and recently proposed in the vicinity of the subject property as well as the intersections of Nani Kailua Drive-Queen Ka`ahumanu Highway and Hualalai Road-Kuakini Highway. Finally, the revised TIAR shall consider the "highest and best use" of the property as provided for by the Zoning Code and as determined by the Planning Director. I. The applicant shall provide improvements to Hualalai Road in the immediate vicinity of the project site and submit such improvements to the County of Hawaii for dedication prior to the issuance of a Certificate of Occupancy for any portion of the multiple family residential project. These improvements to Hualalai Road include the realignment of Hualalai Road and the widening of its right-of--way from realigned roadway centerline to collector standards; curb, gutter and sidewalk improvements along the frontage of the subject property along the widened right-of--way, and other improvements as may he required by the Department of Public Works as the result of the revised TZAR. J. A drainage study of the project site and immediately surrounding area, including an assessment of a proposed stone sewer system as identified within the project -5- site 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 and in the immediate vicinity of 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. K. 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. L. 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. M. 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 Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision or Final Plan Approval of each increment, as applicable. N. 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 -6- be initially based on the representations contained within the change of zone application and maybe increased or reduced proportionally if the lot or unit counts are adjusted. The fair share contribution for each lot or unit shall be based on a maximum density for each lot or unit as determined by the zoning resulting from this change of zone. The fair share contribution shall become due and payable incrementally as the proposed development 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 ]ndex (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 Chis proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions. O. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property. P. 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. -7- Q. An initial extension of time for the performance of conditions within the ordinance, with the exception of Condition H, 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 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. R. 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. -g- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: n ' ~ ; LZfP~Id"c~~ ~ CO CIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: RErERC-NCa: ~.cn~rn. a.,. 1 7_e__._, -9- A-Sa N CN-z0 A-Sa 15 ~ ~ypt A sa aPl. ptohaY`o w e Rs-zo W•Kawen A-5 RM-I Rs- I s K}ni Loop S i A-5a a1Dr. P.ea ~ AI'oh~~KOP Nani Kailua Dr. RM-i Asa aKonaOt.. RM-z.~, R\Ob. ~ ~ O P~S~ A-5a CV-7.5 A"5 R5.I5 RS- I O v- I z 5 RM-4 Nani Kailua Dr. O~ HognR SY. A-la o A- I a CN-z0 2,948.85 S y 4 229.35E RM-4 G q- I a "KAILUA"~, ~d7 A-sa A-la y. KM-z ~~Gd RM-2 'L A-sa RM-4 A-Sa AGRICULTURAL (A•Sa) Tp 9~a~d/d' Asa MULTIPLE-FAMILY RESIDENTIAL RM•2.5 AREA = 9.262 ACRES ~Py A-Sa V I RM-I 25 I ~ 15 RM-q RM-I RM_2 RM A-sa d CV-10 7 q-la i A-la 'S~ RS-75 d, d ~ e arygt. NUatata~~ i p~m , St, _ ~'o. .s pro4 R5 ~ Q ~ R.5- I O RD- 3.75 ,g ~y.7 5 A~ sa A-sa 1,250 625 0 1,250 2,500 3,750 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO MULTIPLE-FAMILY RESIDENTIAL (RM-2.5) AT PUAA 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK. 7-5-010:061 Date: January 24, 2003 EXHIBIT "A" (PUaa Dev., Inc.:1083)