HomeMy WebLinkAboutORD 2004-145 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 327
Draft 5
ORDINANCE NO. (14 145
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-I) TO A RESORT-HOTEL
1,000 SQUARE FOOT (V-1) D[STR[CT AT PUAA 2ND, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-9:40.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 91 7l 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 Permit application for the proposed
development shall be filed with the Planning Department within one year from 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 Landscapin¢ shall also be indicated on the plans
to mitigate any adverse noise or visual impacts to adjacent properties in
accordance with the requirements of Planning Department's Rule No 17
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(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 subject
property when future Kuakini Hi way improvements are made. 2. Movement
restrictions along Alii Drive/Walua Road shall follow the conceptual ali *m~nt
prepared by the applicant, dated September 27, 2004, and approved by the
Department of Public Works, En ~ng~ Bering Division.
The applicant shall provide a 5-foot wide road widening setback along the Alii
Drive/Walua Road frontage and dedicate it to the County at no cost upon request
by the Department 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
~e approval of the Department of Public Works, consisting of, but not
limited to, pavement widening with 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 occupancy permit for the proposed development.
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The applicant shall provide full improvements to the entire fronta eg alonk
Kuakini Hi wav consisting of, but not limited to, pavement widening with
concrete curb, butter and sidewalk, drainase improvements, and anv relocation of
utilities. Install street lights signs and markings meetin>; with the approval of the
Department of Public Works, Traffic Division. All of these improvements shall be
completed prior to the issuance of anv occupancy permit for the proposed
development [ •
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management proposal, approved by the Department of Public Works, shall be
submitted with the Special Management Area (SMA) Use Permit application;
[(Fj](~An intensive archaeological survey and mitigation plan be submitted with the
SMA Use Permit application;
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.to.«..,,.o:. ~>,`°:..oa F.,.,,, .t,o Dt^^^:^^ n:«o^'^«]; 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
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Department of Land and Natural Resources-Historic Preservation Divisions
(DLNR-HPD) 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]( K)The proposed development shall connect to the County sewer system prior to
issuance of an occupancypermit.
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iii.",] 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
rc~=final impacts of the subject 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 multiplying the number of
multiplc 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 property is develo ed in two or more increments, the
amount of the fair share contribution due and payable prior to final subdivision
approval of each increment shall be a sum calculated in the same manner
according to the nwnber 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 applicant's representation of intent to
develop a total of ninety-three (93) multiplc-family residential units, the indicated
total of fair share contribution is $577,163.58 for multiple-family residential units.
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However, the total amount shall be increased or reduced in proportion with the
actual number of units aecordine to the calculation and payment provisions set
forth in this condition. The fair share contribution shall be allocated as follows
I . X061.27 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 supportpolice 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
$243 452.61 to the State or County to support road and traffic improvements
The fair share contributions described above shall be adiusted annually bei:innint~
three years after the effective date of the change of zone based on the percentaec
change in the Honolulu Consumer Price Index (HOPI) In lieu of pa1?n$ the fair
share contribution, the ~~plicant may construct and contribute
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 aeencics and approval of the Hawaii
County Council.
[(~](~Should the Council adopt a Unitied Impact Fees ordinance setting forth criteria
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for the imposition of exactions or the assessment of impact fees, conditions
included herein may, at the developer's election, be satistled by performance in
accordance with the requirements of the Unified Impact Fees Ordinance;
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 I 1
Article 1, Hawaii County Code relating to Affordable Housin>? Policy This
requirement shall be approved by the County Housine Agency prior to Final Plan
Approval.
[(f~](P]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
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[i]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. Further, should any of the conditions not be met or substantially complied
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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. [n 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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C-OlJNC1L M ~i BE , COJNTY O ~ H 'WAIT
Kona , Hawaii
Date oflntroduction. October 20, 2004
Dateof Ist Reading: November 10, 2004
Date of 2nd Reading: November 24, 2004
Effective Date: December 8, 2004
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AMENDMENT TO THE ZONING CODE
p,tvtENO1TIG mJ!lcT10N ~5-8°.,1 (hCAlt-IJA URBAN ZoN~
MAi°) A[`~T1GLt= 3, C7-iA!°-1'EI'2 ~5 (ZOA7ING COpE;
dF THE HAYVAt? C0~3NT~' CbOt„ t9Y G1-{AN~ING
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P,~MI.rY f?'~~1GQ~I T WL. (RM-1 TC t4ESOrZT' 1-iOT'°t-
(V-t) AT l°lJA'A ENO, Not4TH KgNA, HAWAII.
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OFFICE OF THE COUNTY CLERK
County of Hawaii ~
Kona ,Hawaii ~ ~
(Draft 9)
Introduced By: Leningrad Elarionoff _ Al!~S, NOES ABS EX
Uate Introduced: October 20, 2004 Arakaki X
PirstReading: November 10, 2009 Chung X
I'ublishcd: November 21, 2009 Elarionoff X
Holschuh X
REA4ARA,S: Jacobson X
October 20, 2009 - Deferred Reynolds X
Safarik X ~
- ~ - - 9
fulang X ~
l'yler X ~
- - - - - - I
6 1 2 0
(Draft 5)
Second Reading: November 24, 2004 ROLL CALL VOTE ~
foMavor: November 29, 2004 AYES NOES ABS EX
Returned: _December 9, 2004___ Arakaki X
I~ffective: _ December 8_2004 Chung X
Published: December 15, 2004
Elarionoff X
Holschuh X
Kl. M. I RA'S:
Jacobson X
Reynolds X
Safarik X
- 7~ulang X
T ler
8 1 0 U
~
ROLL CALL VOTE
l DO HF.RH_BF CERTIFF shut the foregoing 6LLL was adopted by the County C'ounc it published as indicated
ubore.
APPROVED AS TO
FORM AND LEGALITY: ~ ` ~ ~ -
`'j""(' ~ - r COUNCIL CHAlRA1AN
DEPUTY CORPORATION COUNSEL ~
COUNTY OF HAWAII
% j ~(JI'JNTY CLERK
Date , d_ l
BiIINo.: 327 (Draft 5)
pp`~ C--770.10/PC-110
'Ipprorei.'Dtstq~/~rured /hGc -_O _ du}' Reference; _
qJ ~y~yn . 20 d ~ Ord:
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