HomeMy WebLinkAboutBIL 178 Draft 02 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
aILL No. ins
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWA]'I COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM GENERAL INDUSTRIAL (MG-3a)
CO PROJECT DISTRICT AT OOMA 2ND, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-3-9:22.
B}: IT ORDAINED BY T'HE COUNCIL OF THE COUNTY OF HAWA]'I:
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:
fhe district classification of the following area situated at Ooma 2"~, North Kona,
Hawaii. shall be Project District:
Beginning at the Southeasterly corner of this parcel of land, being also the
Northeasterly corner of Lot 2 (portion of Grant 2942 to Hulikoa) and a point on the
Westerly side of Queen Kaahumanu Highway (Kailua-Kawaihae Road, Section I1, Project
No. BD-65-352), the coordinates of said point of beginning referred to Government
Survey Triangulation Station "AKAHIPUU" being 17,760.95 feet South and 21.173.51
feet West and running by azimuths measured clockwise from True South:
1. 91° 50' 1,359.22 feet along Grant 2942 to Hulikoa to an Ahu
with a triple ;
2. 148° 31' 30" 2,633.66 feet along King's Highway to a point:
3. 258" 25' ] 6" ],749.00 feet along the remainder of Government
Land to a point;
Thence. following along the Westerly side of Queen Kaahumanu Highway
(Kailua-Kawaihae Road, Section II, Project
No. BD-65-352) on a curve to the left with a
-1-
radius of 5.204.00 feet, the chord azimuth
and distance being:
4. 341° 38' 02.6" 2,196.88 feet to a point;
5. 329° 26' S5" 645.30 feet along the Westerly side of Queen
Kaahumanu Highway (Kailua-Kawaihac
Road, Section II, Project No. B0.65-352) to
the point of beginning and containing an
area of 83.000 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECT-ION 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 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) 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. This project area shall be called the Ooma Project District.
C The Ooma Project District shall consist of not more than 83 acres for multiple-
family residential, office and retail commercial, transient accommodations
(hotels), open space, and ancillary related development.
-2-
D. The maximum number ofmulti-family residential units allowed shall be 240
units.
E. The maximum number of transient accommodations shall be 400 rooms.
F. The maximum area of all commercial and office uses shall be 392.000 square feet.
G. The uses permitted in Section 25-6-43, Chapter 25 (Zoning Code), Hawaii County
Code, will be allowed in the Ooma Project District, except that golf courses or
portions of golf courses, and major outdoor amusement and recreation facilities
shall not be allowed without a use permit, because the potential impact of these
uses was not analyzed in the application and are not in the master plan submitted
vv~ith the application.
H. Construction of the proposed development shall be completed within ten years
from the effective date of the Project District Ordinance. Final Plan Approval by
the Planning Director in accordance with the Zoning Code shall be secured by the
applicant prior to the commencement of construction. Development plans shall
identify existing and proposed structures, fire protection measures, paved
driveway accesses and parking stalls, and other improvements associated with the
proposed use. Landscaping shall be included in the development plans to mitigate
any potential adverse noise or visual impacts to adjacent properties in accordance
with the Planning Department's Rule No. 17 (Landscaping Requirements).
1. Construction of the multiple-family residential units, office and retail conunercial
development, hotels, and other related improvements shall commence only after
Final Plan Approval has been secured from the Planning Director.
-3-
J. There shall be a 150-foot wide open space fronting Queen Ka'ahumanu Highway.
No multiple-family residential, office or retail commercial or hotel uses shall be
allowed within the 150-foot wide open space. A copy of the metes and bounds
description for this open space area, and proposed covenant(s) shall be submitted
to the Planning Director for review and approval prior to receipt of Final Plan
Approval or land alteration activities, whichever occurs first. The approved
covenant(s) shall be recorded in the Bureau of Conveyances prior to the issuance
of Final Plan Approval, or land alteration activities, whichever occurs first. A
copy of the recorded covenant(s) shall be provided to the Planning Department.
K. To avoid creating a scattered, strip development pattern along the Queen
Kaahumanu Highway, development shall proceed incrementally, and the initial
development increment shall consist of a minimum of 30,000 square feet of gross
floor space in commercial and/or office use, or not less than 60 residential units.
or not less than 60 hotel units. Actual construction under a bona fide construction
contract of the initial development increment shall begin not more than tour years
of the approval of an SMA permit allowing the project, or not more than five
years from the approval of this ordinance, whichever comes first, and shall be
completed within two years of commencement.
L. The ft~llowing design standards shall apply:
L Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements.
2. The maximum allowable height limit for all multiple-family residential,
office and retail commercial. and hotel developments shall be two stories.
to a maximum of 40 feet as represented in the applicant's county
environmental report, and the ground surface shall not be elevated or
altered in a way that substantially increases the visibility of the project site
from the analysis contained in Figure 13 of that report.
-4-
3. The minimum yards (setback) shall be as follows:
a. Multiple-Family Residential Development
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for aone-story building, plus an
additional two feet for each additional story.
b. Office and Retail Commercial Development
(1) Front and rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site
is amultiple-family residential or hotel development site.
Where the side yard adjoins the side yard of a multiple-
family residential or hotel development site, there shall be a
minimum side yard of eight feet for aone-story building,
plus an additional two feet for each additional story.
c. Hotel Development
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for one story, and an additional two
feet for each additional story.
4. A minimum of 35% of the total project area shall be open space. The
"open space" shall include the 150-foot highway buffer, Mamalahoa Trail
buffer, and other open areas outside of the building footprints. but parking
areas, except for landscaping, shall not be counted as open space.
5. The minimum off-street parking and loading space requirements of the
Chapter 25, Hawaii County Code shall be complied with, including
compliance with the American Disabilities Act (ADA) requirements.
M. All cleaning, repairs and maintenance of equipment involving the use of industrial
liquids, such as gasoline, diesel, solvent, motor oil, hydraulic oil, gear oil, brake
tluid, acidic or caustic liquids, anti-freeze, detergents, degreasers, etc., shall he
conducted on a concrete floor, whether roofed or unroofed. The concrete floor
-5-
shall be constructed to contain any drips or spills and to provide for the recovery
of any spilled liquid. Water drainage from these concrete floors, if necessary,
shall pass through a separator sump before being discharged.
N. All employees shall be informed to immediately collect and contain any industrial
liquid spills on the concrete floor and should be informed against discharging or
spilling any industrial liquids. Employees shall be aware to prevent any industrial
liquid spills onto bare ground.
O. Barrels for the temporary storage of used oil or other industrial liquids shall be
kept on a concrete surface. The surface shall be bermed to prevent the loss of
liquid in the event of spills or leaks. The barrels shall be sealed and kept under
shelter from the rain. (The Department of Labor and Industrial Relations'
Occupational Safety and Health regulations, sections titled, "housekeeping
Standards" and "Storage of Flammable or Combustible Liquids," shall be
followed along with the local fire code).
P. Conditions M, N, and O shall be contained in covenants in deeds to all lots,
except those to individual dwelling units.
Q. All wastewater shall be treated at an approved wastewater treatment plant, to a
minimum of secondary treatment, with R-2 effluent, unless a greater level of
treatment is required by the Department of Health. Wastewater shall be used for
irrigation of landscaping or other beneficial reuse to the maximum extent feasible.
R. The applicant shall provide assurance satisfactory to the Department of Water
Supply and the Planning Director, upon consultation with the State Department of
1 lealth and Department of Land and Natural Resources, that water sources of
sufticient quality and quantity has been established. Satisfactory assurance can be
-6-
met by the actual drilling and testing of a well site of the water source or by the
submittal of a hydrological study certifying that water sources of sufficient quality
and quantity can be established at a designated location. Upon compliance with
this condition, the actual development of the water source and its water
transmission and distribution system shall be developed prior to occupancy.
S. All project utilities shall be underground. Applicant shall make agood-faith
effort to obtain permission from the Department of Transportation to underground
the main utility line crossing of the Queen Kaahumanu Highway.
T. All internal roadways and the main access road shall be constructed in accordance
with the requirements of the Department of Public Works, to dedicable standards,
except for cul-de-sac roads serving residential areas only, as allowed under the
Subdivision Code, and shall be dedicated to the County upon request at no cost to
the County. On private roads, any vehicular security gate shall be set back from
collector streets to allow for storage of vehicles and a turnaround on the collector
street side of the gate, meeting with the approval of the Department of Public
Works.
U. Only one access on the property from Queen Kaahumanu Highway shall he
allowed, meeting with the approval of the State Department of Transportation
Highways Division. The project area may have a secondary access or accesses to
the Queen Kaahumanu Highway by connection to other properties.
V. No lots shall have direct access from the Queen Kaahumanu Highway except
through an access point approved by the State Department of Transportation
[ Iighways Division.
-7-
W. To facilitate interconnectivity and to coordinate access to the Queen Kaahumanu
1 iighway, applicant shall allow the properties to the south (TMK 7-3-09:003, O14,
Ol 6, and Ol 8, hereinafter referred to as the "southerly properties'), and to the west
(TMK 7-3-09:004, hereinafter referred to as the "O'oma makai property") to
connect to its main access road, and shall allow connection to the NELHA
property to the north. Unless disapproved by DOT, the southerly properties and
the O'oma makai property shall be a]lowed to use the applicant's access
intersection on the Queen Kaahumanu Highway as their main access point.
X. Applicant shall permit the owners of any of the southerly properties and the
O'oma makai property to construct the necessary intersection improvements and
access road improvements on applicant's property if they are ready to develop
before the applicant. The party constructing the intersection and access road
improvements (including the applicant) shall be entitled to partial reimbursement
from any other landowner using the intersection and access road as its primary
access to the Queen Kaahumanu Highway. Reimbursement shall he paid prior to
the other landowner's actual use of the intersection to serve urban development.
Reimbursement by the owner of TMK 7-3-009:003 or 016, or by the applicant,
shall be 50% of the basic cost of full channelization of the intersection, plus 50%
of the shared portion of the access road. Reimbursement by TMK 7-3-009:004.
014, and 018, that are currently in the state land use conservation district and do
not currently have known development plans, shall be pro rata, based on their
projected usage at the time they commence actual usage for urban development.
provided that public shoreline access usage shall not be included in the
calculation. The applicant shall be entitled to a credit for any reimbursement for
the value of~ its property used for the access road, and shall be entitled to
appropriate protection against liability by any party constructing improvements on
its property. The right of reimbursement shall expire ten years after the
completion of construction of the initial intersection. These provisions for
-8-
reimbursement can be modified by private agreement between or among affected
landowners.
Y. The applicant shall contribute its pro rata share to the State Department of
Transportation to regional road improvements consisting of'the following
projects: (1) the widening of the Queen Kaahumanu Highway to four lanes, from
Kealakehe Parkway to the project intersection, and (2) improvements to the
intersection of the Queen Kaahumanu Highway and Hina Lani Street. The "pro
rata share" shall be the portion of the traffic attributable to the project to the total
traffic on Queen Kaahumanu Highway or the Hina Lani intersection. The pro rata
share shall be determined by the Planning Director in consultation with the
applicant and the Department of Transportation, and shall be paid prior to plan
approval or final subdivision approval for the first development increment,
whichever comes first, and prior to plan approval or final subdivision approval for
each successive development increment.
7. The applicant (or others, as stated in Condition X) shall construct improvements
to its project intersection meeting with the approval of the Department of
Transportation prior to occupancy of any structures. If the occupancy occurs
before the expansion of the Queen Kaahumanu Highway to four lanes, and the
Department of Transportation permits lefr turn lanes into the property, the
improvements shall consist of, at a minimum, a fully channelized intersection
with a dedicated right-turn lane, left-and right-turn merge lanes, and aleft-turn
storage lane, all meeting with the approval of the Department of Transportation.
Conduits for installation of signal lights shall be installed with the initial
construction of the intersection to avoid disrupting traffic during a future
installation, unless otherwise approved by the Department of Transportation.
-9-
AA. 'fhe applicant shall retain 50-foot wide undisturbed buffers of natural lava along
both sides of the Mamalahoa Trail (measured from the edges of the trail) and
additional 60-foot buffers without structures, unless the State Historic
Preservation Division recommends a wider buffer in the Preservation Plan.
E313. The Mamalahoa Trail shall not be breached, except where crossed by the existing
jeep road, without permission from the state of Hawaii. The rezoning of the
portion of the property makai of the Mamalahoa Trail is not intended to create an
expectation or vested right on the part of the applicant to breach the Mamalahoa
Trail for access to the makai portion of the property. because the applicant can
possibly obtain access to that property from TMK 7-3-009:004, currently owned
by the applicant, or from other adjacent property. The rezoning of the portion of
the property makai of the Mamalahoa Trail shall not take effect until the applicant
has obtained access to the area.
CC All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department of Public Works prior to issuance of Final Plan
Approval. Drainage improvements shall be constructed, meeting with the
approval of the Department of Public Works. prior to issuauce of a Certificate of
Occupancy.
DD. A Solid Waste Management Plan shall be prepared and submitted for approval to
the Department of Environmental Management prior to submitting plans for Plan
Approval review. Approved recommendations and mitigation measures shall be
implemented in a manner meeting with the approval of the Department of
Environmental Management.
-10-
EE. A wastewater treatment system shall be constructed, meeting the approval of the
State Department of Health and/or Department of Environmental Management,
whichever is applicable.
FF. An Emergency Response Plan shall be submitted to the Civil Defense Agency for
review and approval, prior to the issuance of a Certificate of Occupancy.
GG. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements oCChapter 1 I,
Article 1, Hawaii County Code, relating to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to issuance of
a Certificate of Occupancy for the multiple-family residential development or for
any development of units for transient accommodations.
HH. An archaeological preservation plan shall be prepared and submitted for review
and approval by the Department of Land and Natural Resources-Historic
Preservation Division prior to receipt of Final Plan Approval. The archaeological
preservation plan shall address the Mamalahoa Trail and associated habitation
cave and ensure that they are not damaged by construction activities.
IL [f mauka-makai public shoreline access is established through TMK 7-3-009:003
or 004 as a condition of any land use approval, applicant shall allow use of its
project access road for public access to connect to the makai public shoreline
access upon request of the county.
.IJ. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be encountered,
work in the immediate area shall cease and the Department of Land and Natural
Resources-Historic Preservation Division (DLNR-HPD) shall be immediately
_l I_
notified. Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it is found that sufficient mitigation measures have been taken.
KK. The applicant shall conduct a water quality monitoring program. The applicant's
participation can be satisfied by monitoring done by NELHA and/or the owners of
TMK 7-3-09:003 (Kohanaiki) and/or TMK 7-3-009:004 (O'oma makai property)
if adequate sampling is done on the coast fronting TMK 7-3-009:004. and
applicant pays a fair share based on relative acreage.
LL. The applicant shall contribute a fair share assessment to schools based on
Department of Education standards.
MM. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation, tire.
police, solid waste disposal facilities and roads. The amount of fair share
contribution shall be initially based on the representations contained within the
change of zone application and may be increased or reduced proportionally if the
lot or unit counts are adjusted. The amount of 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 Index
(}[CPI). 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 faci]ities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
_12_
Director, upon consultation with the appropriate agencies and approval of the
Hawaii County Council. Any contributions required by this ordinance that exceed
the fair share requirement of this proposed development shall, at the app]icant's
request be credited towards any of the applicant's future developments that
require infrastructural impact contributions. The fair share contribution shall have
a maximum combined value of $6078.25 per multi-family unit and $10479.31 per
hotel unit. Fair share contributions shall be allocated as follows:
l . $2,998.18 per multi-family unit for an indicated total of $719,563.02 to the
County to support park and recreational improvements and facilities;
2. $94.76 per multi-family unit or an indicated total of $22,742.04 to the
County to support police facilities;
3. 291.48 per multi-family unit or an indicated total of $69,955.02 to the
County to support fire facilities
4. $129.92 per multi-family unit for an indicated total of $31,180.118 to the
County to support solid waste facilities;
5. $2,563.91 per multi-family unit for an indicated total of $615,338.04 to the
State or County to support road and traffic improvements;
6. $2,541.99 per hotel unit for an indicated total of $1,016,796.00 to the
County to support park and recreational improvements and facilities;
7. $115.13 per hotel unit or an indicated total of $46,052.00 to the County to
support fire facilities;
-13-
8. $56.29 per hotel unit for an indicated total of $22,516.00 to the County to
support solid waste facilities;
9. $7,709.61 per hotel unit for an indicated total of $3,083,844.00 to the State
or County to support road and traffic improvements.
NN. 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.
00. The applicant shall comply with all conditions of approval of the State Land Use
Commission's Decision and Order (Docket No. A85-592) dated February 6. 1986.
and as amended on May 19, 1992.
PP. Comply with all other applicable laws, rules, regulations and requirements of
other affected agencies.
QQ. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this Project District Ordinance. The report
shall include, but not be limited to, the status of the development and the extent to
which the conditions of approval are being satisfied. This condition shall remain
in effect until all of the conditions of approval have been satisfied and the Director
acknowledges that further reports are not required.
-14-
RR. 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 Project District.
(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 Department shall submit the applicant's request to the County
Council for appropriate action.
SS. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning 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.
-15-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CIL M MB R. CO TY OF ACI
Hawaii
Datc of Introduction:
Datc of 1st Rcading:
Date of 2nd Reading:
I?ffective Date:
REfEBEdCE: Cwnm. 400.11
-16-
MG-la MG-la MG-la OPEN A-5 - a 'A-Sa.
MG I a q.~ja OPEN
MG. I a ~'d;
MG- I a
OPFN MG-3a C A-5a ~ A-Sa ~~nd4/~~
m
E ~ ~n Asa
~ OPEN
m ~
m
'Q A-Sa C J
e O~ MG l a MG-3a ~ A-Sa A ba
n d
OPEN PfY ~
ML-3a b
A-Sa
OPEN MG-3a ih Rj
MG-3a ~
OTEC Rd. oeeN
i
N ~ i
~ ~
MG-3a ~ 2 O~'eN
MG-3a
oPEN MG-sa GENERAL INDUSTRIAL (MG-3a)
S / TO PROJECT DISTRI
AREA =
OPEN
17,760.95 S
oPeN 21173.51 W
AKAHIPUU"%a~
OPEN
OPEN
ML~ ~ O /CV-20
oreN Rs- ~ o Huliko'a Dr,
fZ5- I O d~lf-~ZO'ML- l a ~ a
OPEN
V-I 25 ~ RS-IO
N'
PEN CV-10 ~ OPEN ~ 10 °'df` OPEN
~d
7G
V-1.25 RS-IO
CV-10
V-I.z5RM ~ OPEN
].250 1645 0 IINI 8500 9.150
Feel
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF TFIE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM GENERAL INDUSTRIAL (MG-3a)
TO PROJECT DISTRICT (PD)
AT OOMA 2nd, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-3-009 022' Date: July /4, 20C
EXHIBIT "A" (Clifto's Kona Coast, LLC:710~