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Home My WebLink AboutBIL 327 Draft 05 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 327 Draft 5 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 91 71, WHICH AMENDED ORDINANCE NO. 89-54, WHICH RECLASSIFIED 2.23 ACRES OF LAND FROM A MULTIPLE FAMILY RESIDENTIAL 1,000 SQUARE FOOT (RM-1) TO A RESORT-HOTEL 1,000 SQUARE FOOT (V-1) DISTRICT AT PUAA 2ND, NORTH KONA, HAWAI`1, COVERED BY TAX MAP KEY 7-5-9:40. BE I"I' ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 91 71 is amended as follows: "SECTION 2. This change in district classification is conditioned upon the following: (A) The applicant, successors or assigns shall be responsible for complying with all stated conditions of approval; A Special Management Area (SMA) Use Pettnit application for the proposed development shall be tiled with the Planning Department within one year trom the effective date of this new amendment; (C) Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Chapter 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development Landscaping shall also be indicated on the plans to miti ag to any adverse noise or visual impacts to adtacent properties in accordance with the requirements of Planning Departments Rule No. 17 -1- (Landscaping Requirements). (D) A drainage system shall be installed in accordance with the requirements of the Department of Public Works; Access to Alii Drive/Walua Road and Kuakini Highway including the provision of sight distances, and the following movement restrictions shall meet with the approval of the Department of Public Works. 1 Movements allowed at the Kuakini Highway approach may be limited to right in and right out of the subicct property when future Kuakini Highway improvements are made 2. Movement restrictions along Alii Drive/Walua Road shall follow the conceptual ali nment prepared by the applicant, dated September 27, 2004 and approved by the Department of Public Works, Engineering Division. The applicant shall provide a 5-foot wide road widening setback alone the Alii Drive/Walua Road frontaKe and dedicate it to the County at no cost upon request by the Deparhnent of Public Works. The applicant shall provide full improvements to the entire frontage along Alii Drive/Walua Road and collector street improvements to realign the intersection of Walua Road and Alii Drive meeting the approval of the Department of Public Works, consisting of but not limited to, pavement wideningwith concrete curb, Butter and sidewalk drainage improvements, and any relocation of utilities. Install street lights, signs and markings meeting with the approval of the Department of Public Works, Traffic Division. All of these improvements shall be completed prior to the issuance of any occupancypermit for the proposed development. f4~,-.~;t-a:,~= .tio nr.: n.:.,ona~„i..,, n,.,,,t F,......,.o .t, i:,..,.,. ,.w,.n ...e ..,:«t, o ..:.,..i,,... ~...a:..,. ,...a ...,..,:,a., t,. t~,r_c~~ .,t 1~„ o~Al::n.:.oo' .r..wo i t'.~,,. . j j. ~ vc~ c 1~Tiprcii°cn=cn co, irticrrrr~'-ixrrn-rc-BFro t:,. a ,...t,,, ~ -2- The app]icant shall provide full improvements to the entire fronta >es. along Kuakini Hi way consisting of, but noC limited to, pavement widenin>? with concrete curb, gutter and sidewalk, drainaee improvements. and any relocation of utilities. Install street lights siens and markings meetinu with the approval of the Department of Public Works, Traffic Division. All of these improvements shall be completed prior to the issuance of any occupancy permit for the proposed development f e-YtH:~IFi»i ,:A,. ~l,a ,.F o„,«., C n~ „a.. „1., eA V.... L:„: II:,.1. ooti„.. al. aL,,. ,,,1 ..F al.e Tl ..«a.„,.„, ,.F D..l,l:,, xx/ I, l ..vv+«'~ p~ J~.,.,..., J......,y lw..n , ~~'-'7~ ~!1~~'~"'.°'.`:."..°.'1.: o„a.. .,J..„,. al... V....1,:„: Ll:..l... A nt.. n . ..p.vva. F..„a,...e., „,.l..,l:h ~.,,...o.... o., a,. al.,.„ ,.1, 111, .'a a a 1. aho «o,...:«,,..,,.„,~ ,.F,l.o J,e„.,«a„.,.„, ..F P„l.r.,. xx~,.«1.,. ~ A comprehensive traffic management proposal, approved by the Department of Public Works, shall be submitted with the Special Management Area (SMA) Use Permit application; [(f~]O~An intensive archaeological survey and mitigation plan be submitted with the SMA Use Permit application; ~la7~l ~[~h:,;:iu un,j „.,,o.J «„1,., e,.l,...: ,...1 J.,. ,.„,.,..,o.o.J ,J..«:„,. 1,.„,] «..a:,.„ ..,.a:.:,.. .....L ..:N,:„ ,l,e FF ,.aoA ..«e., ..1...11 ,...,...,.:.„...oA:..,ol., ..„,J al, 1...,1.w....v.. u..u. , PL.„„:„.. Il:.o,.a,.« ..,~a:Ae,J \x1,.,-1, ,.:al.:„ al.,, FF...,e.J ..l...ll „..a « ..aa ~lo„«.,.,,.e : ,.ti,,.:„o,J F.,.,,, .wo ol.,„„;„,. n:«e,,.,.«~; 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 -3- Department of Land and Natural Resources-Historic Preservation Divisions (DLNR-HPDI and Planning Department shall be immediately notified Subsequent work shall proceed upon an archeological clearance from the DLNR- HPDwhen it finds that sufficient mitigation measures have been taken [(#j]( I~The proposed development shall connect to the County sewer system prior to issuance of any occupancypermit. be-~pkied-with] The applicant shall comply with all applicable County State and Federal laws, rules, regulations and requirements; The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subiect property with respect to parks and recreation tire police, solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of mult~lying the number of multiple family residential units proposed to be developed by the amounts allocated 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 proRerty is developed in two or more increments the amount of the fair share contribution due and payable prior to tinal 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 Planning Director in consultation with the affected agencies, shall be determined by the County Council The fair share contribution shall have a maximum combined value of $6 206 06 per multiple- familyresidential unit. Based upon the applicants representation of intent to develop a total of ninety-three (93) multiple-family residential units the indicated total of fair share contribution is $577 163 58 for multiple-family residential units -4- However, the total amount shall be increased or reduced in proportion with the actual number of units accordinP to the calculation and~ayment provisions set forth in this condition. The fair share contribution shall be allocated as follows: I. $3,061.27 per multiple-family residential unit for an indicated total of $284,698.11 to the County to support park and recreational improvements and facilities; 2. $96.75 per multiple-family residential unit for an indicated total of $8 997.75 to the County to support police facilities; 3. $297.62 per multiple-family residential unit for an indicated total of $27 678 66 to the County to support fire facilities; 4. $132.65 per multiple-family residential unit for an indicated total of $12 336 45 to the County to support solid waste facilities; and 5. $2,617.77 per multiple-family residential unit for an indicated total of $243,452.61 to the State or County to support road and traffic improvements The fair share contributions described above shall be adjusted annually beginnink three years after the effective date of the chance of zone based on the percentage change in the Honolulu Consumer Price Index (HCPII In lieu of paving 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 there 'off n impacted by the proposed development, subject to the review and recommendation of the PlanninP Director upon consultation with the appropriate agencies and approval of the Hawaii County Council. [(~](l~Should the Council adopt a Unified Impact Fees ordinance setting forth criteria -5- for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance, To ensure that the Goals and Policies of the Housine Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter I 1 Article I, Hawaii County Code relating to Affordable Housing Policv This requirement shall be approved by the County Housin Agency prior to Final Plan Approval. [(~](1~An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of zone change. The report shall address the status of the development and the compliance with the condition of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and [~'-'7~lvi LA.. :«a..l .,..~e.. F P 1. F F A. l.' - l r F.. ~ i a,. o..r ...wo .i. ~c,. _a: .v , ~ - - [i]If the applicant should require an additional extension of time, the Planning Director shall submit the applicants request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied -6- with in a timely fashion, the Planning Director shall initiate rezoning of the area 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: ' r ~ NCIL M ~BE , CO NTY O ~ H ' WAI`1 Hawaii Datc of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: htrciiti~CE: Comm: 7, Zp.~~ -7- ! , r( ~ ~ y - ~r tiL~ ' L Q T Oti~ . ,1 141.x. - ' ~IG DO.1• . y.ay , t ~'9 - t - '1 S•1 -4 •±'LMY . ~ ' I • _ ,•.s-~'• >f "-rte R?~J~G'3NT7+4= 1L-- as 'a~ T~ Rt60NT s . t -aor.• i ~ n» ate, s 1'. . ~ ~c. 6 8 1- O r. e ms. _ i ~ i . \'f~ ~ ~ 1 AMENDMENT TO THE ZONING CODE AM1=?~1t71NG Si~L-1-tON X5•-89 ~IKASl,.L7A URBAN 20Nc MAl°) AI'~TtCLE' S, C11Aio'7'ER ~5 ~ZONiN6 GCOE; OF T~8 F'tA3NA!? CCl1NT`Y COC?~, 8Y C1-IAN~IfVG THt=_ t~ISTT~toT Gt_A>~31FT)~'•F~TIC:v ~.t~tvt N.S.~TSF-~°- F`•~~'1).rY !?~~1GE.T~I i )r~.~. (iZM-1 TC F7ESOf2T' !-fOT'°t- (V-t) AT f~LlA•A '~tVQ, NO~TI-f TCONA, Hr'~WA14. FYHI9IT "A°