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HomeMy WebLinkAboutBIL 178 Draft 04 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL N0.17S (Draft 4) 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 GENERAL INDUSTRIAL (MG-3a) TO PROJECT DISTRICT AT OOMA 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-9:22. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION ] . 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 Ooma 2"d, North Kona, Hawaii, shall be Project District: Beginning at the Southeasterly corner of this pazcel of land, being also the Northeasterly comer of Lot 2 (portion of Grant 2942 to Hulikoa) and a point on the Westerly side of Queen Kaahumanu Highway (Kailua-Kawaihae Road, Section II, 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' 16" 1,749.00 feet along the remainder of Governnent 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 radius of 5,204.00 feet, the chord azimuth and distance being: -1- 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-Kawaihae Road, Section II, Project No. BD-65-352) to the point of beginning and containing an azea of 83.000 Acres. All as shown on the map attached hereto, mazked 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. 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- familyresidential, office and retail commercial, transient accommodations (hotels), open space, and ancillary related development. D. The number of on-site multi-family residential units shall be 390 units, provided that there is a corresponding amendment to SMA Permit No. 03-005. Otherwise, the maximum number of on-site multi-family residential units shall be 240. -2- E. The maximum number of transient accommodation units shall not exceed 250, provided that there is a corresponding amendment to SMA Permit No. 03-005. Otherwise, the maximum number of transient accommodation units shall not exceed 300. F. The maximum azea of all commercial and office uses shall be 392,000 squaze feet. G. Construction of the proposed development shall be completed within ten yeazs 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 pazking 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). H. Construction of the multiple-family residential units, office and retail commercial development, hotels, and other related improvements shall commence only after Final Plan Approval has been secured from the Planning Director. I. There shall be a 150-foot wide open space fronting Queen Kaahumanu 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 -3- copy of the recorded covenant(s) shall be provided to the Planning Deparhnent. J. 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 four 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. However, a Certificate of Occupancy for residential and transient accommodation units shall not be issued until Queen Kaahumanu Highway, Phase II, from Kealakehe to the Airport, has been widened to a minimum of four traffic lanes or within two yeazs from the effective date of this ordinance, whichever occurs first. K. The following design standards shall apply: 1. 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. 3. The minimum yards (setback) shall be as follows: a. Multiple-Family Residential Development (1) Front and reaz yards, twenty feet; and (2) Side yazds, eight feet for aone-story building, plus an additional two feet for each additional story. -4- b. Office and Retail Commercial Development (1) Front and reaz yards, fifteen feet; and (2) Side yazds, none, except where the adjoining building site is amultiple-family residential or hotel development site. Where the side yard adjoins the side yard of amultiple- familyresidential 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. a Hotel Development (1) Front and rear yazds, twenty feet; and (2) Side yazds, 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 aeeas, 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. L. All cleaning, repairs and maintenance of equipment involving the use of industrial liquids, such as gasoline, diesel, solvent, motor oil, hydraulic oil, geaz oil, brake fluid, acidic or caustic liquids, anti-freeze, detergents, degreasers, etc., shall be conducted on a concrete floor, whether roofed or unroofed. The concrete floor 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. M. 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 -5- spilling any industrial liquids. Employees shall be awaze to prevent any industrial liquid spills onto bare ground. N. 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 Standazds" and "Storage of Flammable or Combustible Liquids," shall be followed along with the local fire code). O. Conditions L, M, and N shall be contained in covenants in deeds to all lots, except those to individual dwelling units. P. The applicant shall develop and implement monitoring programs for groundwater and near shore water quality and neaz shore marine life compazable to the programs required by the SMA Use Permit and Use Permit for the adjoining "Kohanaiki" property to the south (TMK: 7-3-09: 003). These programs shall be approved by the Planning Director in consultation with the Natural Energy Laboratory of Hawaii, the Ocean Recreation Council (TORCH), and the National Pazk Service. Q. In order to mitigate potential impacts from non-point source pollutants, the applicant shall participate with the County of Hawaii in a pilot storm drain program for roadways within the Kohanaiki-Ooma region. The pilot program may potentially include other developments within the County and apply to all other government and private developments. In that regazd, the drainage system within the road rights-of--way shall include storm drain filtration devices which meet the approval of the Department of Public Works and the applicable permitting requirements of the Underground Injection Control (UIC) of the -6- Federal Safe Drinking Water Act and the National Pollutant Discharge Elimination System (NPDES) of the Federal Clean Water Act. The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawaii. R. 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. S. The applicant shall provide assurance satisfactory to the Department of Water Supply and the Planning Director, upon consultation with the State Department of Health and Department of Land and Natural Resources, that water sources of sufficient quality and quantity has been established. Satisfactory assurance can be 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. T. 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. -7- U. 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 azeas 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. V. Only one access on the property from Queen Kaahumanu Highway shall be allowed, meeting with the approval of the State Deparhnent of Transportation Highways Division. The project azea may have a secondary access or accesses to the Queen Kaahumanu Highway by connection to other properties. W. No lots shall have direct access from the Queen Kaahumanu Highway except through an access point approved by the State Department of Transportation Highways Division. X. The applicant shall expend up to $750,000 to prepare or cause the preparation of construction plans, under the supervision of and meeting with the approval and requirements of the State Department of Transportation (DOT), for the widening of the Queen Ka'ahumanu Highway between the end of Phase I in the vicinity of the Honokohau Boat Hazbor to the Kona Airport. A scope of work for the construction plans shall be submitted to the State DOT within 90 days of the effective date of this ordinance. The applicant shall make its best effort to have the construction plans submitted to the State DOT for review and approval within a yeaz of the approval of the scope of work. The cost to prepare this plan shall be credited against Conditions AA and NN relating to regional roadway improvements. -8- Y. To facilitate interconnectivity and to coordinate access to the Queen Kaahumanu Highway, applicant shall allow the properties to the south (TMK 7-3-09:003, 014, 016, and 018, hereinafter referred to as the "southerly properties"), and to the west (TMK 7-3-09:004, hereinafter referred to as the "Ooma 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 Ooma makai property shall be allowed to use the applicant's access intersection on the Queen Kaahumanu Highway as their main access point. Z. Applicant shall permit the owners of any of the southerly properties and the Ooma makai property to construct the necessary intersection improvements and access road improvements on applicant's property if they aze 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 be 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 aze 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 reimbursement can be modified by private agreement between or among affected -9- landowners. AA. The applicant shall contribute its pro rata shaze 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 shaze 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. BB. The applicant (or others, as stated in Condition AA) 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 left 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 alert-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. CC. The 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 additiona160-foot buffers without structures, unless the State Historic -10- Preservation Division recommends a wider buffer in the Preservation Plan. DD. 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. EE. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepazed 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 issuance of a Certificate of Occupancy. FF. A Solid Waste Management Plan shall be prepazed 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. GG. A wastewater treatment system shall be constructed, meeting the approval of the State Department of Health and/or Deparhnent of Environmental Management, whichever is applicable. HH. An Emergency Response Plan shall be submitted to the Civil Defense Agency for -11- review and approval, prior to the issuance of a Certificate of Occupancy. II. 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 I, Hawaii County Code, relating to Affordable Housing Policy; provided that, as represented by the applicant, 20% of the total number ofmultiple-family units allowed within the Project District shall be affordable housing units built onsite based on the then prevailing County Housing Code. 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. JJ. 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. KK. If 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. Further, as represented by the applicant, an average 300-foot wide lateral public recreational easement parallel to the shoreline on the adjoining coastal property identified by TMK: 7-3-09: 4 shall be conveyed to the County of Hawaii and/or its designee upon consummation of an agreement between the County and the landowner. This agreement shall outline terms of this conveyance, liability, maintenance, use, and other related matters. A draft of this agreement shall be submitted to the County within three (3) months of the effective date of this ordinance. Said easement may, at the discretion of the landowner, be conveyed to the County of Hawaii and/or its designee in fee. This -12- average 300-foot wide strip of land shall be credited against the impact fee requirement relating to pazk and recreational improvements and facilities as outlined in Condition NN. LL. Should any unidentified sites or remains such as artifacts, shell, bone, or chazcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Depaztment of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological cleazance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. MM. 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) andlor TMK 7-3-009:004 (Ooma makai property) if adequate sampling is done on the coast fronting TMK 7-3-009:004, and applicant pays a fair shaze based on relative acreage. NN. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to pazks and recreation, fire, 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 maybe 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 shaze contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of this -13- ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair shaze 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 review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the Hawaii County Council. Any contributions required by this ordinance that exceed the fair shaze requirement of this proposed development shall, at the applicant's request be credited towazds 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: 1. $2,998.18 per multi-family unit for an indicated total of $719,563.02 to the County to support pazk 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 $31,180.08 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 pazk and recreational improvements and facilities; -14- 7. $115.13 per hotel unit or an indicated total of $46,052.00 to the County to support fire facilities; 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. 00. 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. PP. The applicant shall comply with al] 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. QQ. Comply with all other applicable laws, rules, regulations and requirements of other affected agencies. RR. 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. SS. An initial extension of time for the performance of conditions within the -15- ordinance maybe 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 aze 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 ganting 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. TT. 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 declazed invalid, such invalidity shall not affect the other pazts of this ordinance. -16- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: 1, OUN IL MEMB , CO TY F HAW `I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 400.91 R,~FERlr~1 ~o~~ri'i. -17-