HomeMy WebLinkAboutORD 2003-169 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 173
Draft
ORDINANCE NO. 1.6a9
AN ORDINANCE AMENDING ORDINANCE NO. 97-49, WHICH RECLASSIFIED LANDS
FROM OPEN (O) TO RESORT -HOTEL (V-2a) AT ANAEHOOMALU, SOUTH KOHALA,
HAWAII, COVERED BY TAX MAP KEY 6-9-7:15.
BF_, TT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Ordinance No. 97-49 is amended as follows:
"SEC"PION 1. Section [25-95G] 25-8-13, Article [3] 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 atAnaehoomalu, South
Kohala, Hawai°i, shall be Resort-Hotel (V-2a):
Beginning at a spike (found) at the Northeasterly corner of this parcel of land,
being also the Northwesterly corner of Lot 3 of Waikoloa Beach Resort, Phase I
(Amended) (File Plan 1562) and being a point on the Southerly side of an existing 60-Ft.
Wide Road right-of-way, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being 4,081.71 feet North and
37,137.53 feet West and running by azimuths measured clockwise from True South:
1. 31 ° 19' 40" 610.40 feet along Lot 3 of Waikoloa Beach Resort,
Phase I (Amended) (File Plan 1562) and
along the remainder of Royal Patent 7523,
Land Commission Award 4452, Apana 4 to
H. Kalama to a point;
2. ] 21° l9' 40" 871.11 feet along Grant 13,586 to E. J. White to a '/z
inch pipe (set);
Thence, for the next nine (9) courses following along the upper reaches of the
wash of waves as evidenced by the debris
line or the edge of vegetation as Located on
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November 13, 1995 and certified by the
Department of Land and Natural Resources
on January 29, ] 996, the direct azimuths and
distances being;
3. 245° 2T 104.47 feet to a spike (set);
4. 258° 39' 73.87 feet to a P.K. nail (set);
5. 236° 58' 65.32 feet to inch pipe (set);
6. 222° 06' 79.60 feet to %z inch pipe (set);
7. 197° 55' 50.90 feet to a''/z inch pipe (set);
8. 221° 06' 16.43 feet to a''/z inch pipe (set);
9. 239° 03' 84.54 feet to a spike (set);
] 0. 239° 00' 17.88 feet to a spike (set);
11. 223° 0T 15.19 feet to a '/z inch pipe (set);
] 2. 272° 26' 30" 342.63 feet along Lot 11 of Waikoloa Beach Resort,
Phase I (Amended) (File Plan 1562) and
along the remainder of Royal Patent 7523,
Land Commission Award 4452, Apana 4 to
H. Kalama to a P.K. nail (found);
13. 301° 19' 40" 37334 feet along the Southerly side of a 60-Ft.
Wide Road right-of--way to the point of
beginning and containing an area of 9.643
Acres, more or less.
All as shown on the map attached hereto, marked 8~hibit "A" and by reference
made a part hereof.
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SECTION 2. [This change in district classification is conditioned upon the
following:] 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 ofthe pubic from the patentialh~ deleterious
effects of the proposed use, or
(B) Fulfillment of the need for public service demands created
by the proposed use.
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Final Subdivision and/or Plan Approval for the subject property shall be secured
w°ithin five (5) years from the effective date of this [change of cone] amendment.
C. Access(es) to the subject property shall be constructed meeting with the approval
of the Department of Public Works.
D. Solid Waste Management Plan for the proposed development within the subject
property shall be prepared meeting with the approval of the Department of Public
Works prior to submitting plans for subdivision or plan approval review,
whichever occurs first.
E. A Flood Study of the subject property shall be submitted to the Planning Director
in conjtmction with plans submitted for subdivision or plan approval review, for
any portion of the subject property, whichever occurs first. Drainage
improvements shall he constructed meeting with the approval of the Department
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of Public Works, prior to the issuance of Final Subdivision Approval or certificate
of occupancy for the subject property, whichever occurs first.
F. A wastewater disposal system shall be constructed meeting with the approval of
the State Department of Health and/or the Department of Public Works,
whichever is applicable.
G. An archaeological preservation plan shall be prepared and submitted for review
and approval by the Planning Director, in consultation with the Department of
Land and Natural Resources-Historic Preservation Division (DLNR-HPD).
Approved mitigation measures shall be implemented prior to or in conjunction
with any land alterations within the subject property.
fI. An anchialine pond research report and preservation plan shall be prepared and
submitted for approval with the DLNR-HPD. Approved mitigation measures shall
be implemented prior to or in conjunction with any land alterations within the
subject property.
I. 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 DLNR-HPD shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when the DLNR-HPD finds that sufficient
mitigative measures have been taken.
J. The applicant shall make its fair share contribution to mitigate the potential
impacts of the proposed development within the subject area with respect to parla
and recreation. tire, solid waste disposal facilities and roads. The amount of the
fair share contribution shall be the sum which is the product of multiplying the
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number of units proposed to be developed by the amounts allocated hereinbelow
for each such unit, and shall become due and payable prior to fina] plan approval
or final subdivision approval, whichever occurs first, for any portion of the subject
area or its increments. If the subject area is developed in two or more increments,
the amount of fair share contribution due and payable prior to final plan approval
of each increment shall be a sum calculated in the same manner according to the
number of proposed units in each such increment. The fair share contribution may
be in a form of cash, land, facilities, or any combination thereof acceptable to the
Planning Director in consultation with the affected agencies. The fair share
contribution shall have a maximum combined value of$7,96590 der resort unit.
Based upon the applicant's representation of intent to develop up to 4 units, the
indicated total fair share contribution is $31,863.60. However, the total amount
shall be increased or reduced in proportion with the actual number of lots/units
according to the calculation and payment provisions set forth in this Condition J.
7'he Lair share contribution shall be allocated as follows:
1. $1,942.74 per resort unit for an indicated total of $7,770.96 to the County
to support park and recreational improvements and facilities;
2. $87.99 per resort unit or an indicated total of$351.96 to the County to
support fire facilities;
3. $43.02 per resort unit for an indicated total of $172.08 to the County to
support solid waste facilities;
4. $5,892.25 per resort unit for an indicated total of $23,568.60 to the State
or County to support road and trafFc improvements.
1'he fair share contributions described above shall be adjusted annually beginning
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three years after the effective date of the change of zone, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). in lieu of paying the fair
share contribution, the applicant may construct and contribute land,
improvements/facilities related to parks and recreation, fire, solid waste disposal
facilities, and roads within the region impacted by the proposed development,
subject to the approval of the [Planning Director] County Council. For purposes
of administering Condition J, the fair market value of land contributed or the cost
of any improvements required or made in lieu of the fair share contribution shall
be subject to the review and [approval] recommendation of the Planning
Director, upon consultation with appropriate agencies and approval of the
County Council.
K. The applicant shall establish a program for employee housing which shall be
submitted for the review and approval of the Planning Director and Housing
Agency together with the submittal of plans Yor Fina] Subdivision or Plan
Approval for the proposed development, whichever occurs first. The program
shall include provisions for on-site or off-site housing for the employees of the
proposed development in an amount to be determined by a study of surrounding
housing opportunities and employee needs. The program may also include
consideration for other alternatives such as rental housing subsidies or housing
allowances. The approval of the program shall be secured prior to the issuance
of a certificate of occupancy of the proposed development within the subject
property.
L. No seawall that artificially fixes or hardens the shoreline shall be constructed
within the 40-foot shoreline setback.
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[L.] M. Comply with all applicable laws, rules, regulations and requirements, including
those of the Department of Health, Fire Department and the Department of
Water Supp]y.
[M.J N. 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 toward the requirements of the Unified Impact
Fees Ordinance.
[N.] O. [An extension of time for the performance of conditions within the ordinance,
with the exception of Condition B, may be granted by the Planning Director
upon the following circumstances:
I. 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.
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).]
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If Che applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for
appropriate action.
[O.] P. Should any of the conditions not be met or substantially complied within a timely
lashion, the Director may initiate rezoning of the subject property to its original or
more appropriate designation."
SECTION 2. Material to be deleted is bracketed and material to be added is
underscored.
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:
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COI~INCIL MBE , COi TY OF W I`I
Kona , Hawaii
Date oflntroduction: Ivotren~,ber 19, 2C03
Date of 1st Reading: blovember 19, 2003
Datc of 2nd Reading: December 3, 2003
F,ffective Date: December 19, 2003
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OPEN TO
RESORT-HOTEL (V-2a)
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AREA: 9.6x3 ACRES
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-95G (PUAKO - ANAEHOOMALU ZONE MAP) ARTICLE 3, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION
FROM OPEN TO RESORT -HOTEL (V-2a) AT ANAEHOOMALU, SOUTH KOHALA, HAWAII.
PREPARCD DY PLANNING DEPAHTMCN I
COUNTY OF HAWAII
MK ~ 6-9-7' 1 5 .~naruoc° en . n..~
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona , IIawaii
(DRAFT 3)
ROLL CAL ~ E
IntroduccdBy: Leningrad Elarionoff AY S X
Date [otroduced: November 19, 2003 Arakaki X I
First Reading: November 19, 2003 Chung (,(jl X
Published: November 30, 2003 Elarionoff X '~.,j(
Holschuh X
REMARKS: Jacobson X
Reynolds X
Safarik X
1'ulang X
Tyler X
8 0 1 0
Second Reading: December 3, 2003 ROLL CALL VOTE
To Mayor: December 9, 2003 AYES NOES ABS EX
Returned: December 19, 2003 Arakaki X
Effective: December 19, 2003 Chung X
Published: January 4, 2004 Elarionoff X
Holschuh X
REMARKS: Jacobson X
_ Reynolds X
Safarik X
Tulang X
Tyler X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. ~
APPROVED AS TO jir~ ;'%7 „
FORM AND LEGALITY: t- ~ ~
- p` / CO C ,CHALRMAN
DE~'UTY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK -
Date ~
173 (Draft 3)
Bill No.:
C-391.2/PC-64
H-~ Reference:
Approved/Disapprovedthis____I~ day Lripp _
~n rV10 .I Ord. No.: ~V+7
A3'OR, C'f)UNI~YOh~fIAW~1lI