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HomeMy WebLinkAboutBIL 182 Draft 01 2006-2008 yy+iY Oi N,~ V,~ COUNTY OF HAWAII STATE OF HAWAII ?i Of ~Mi~ BILL NO. 1s2 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRE (A-Sa) TO MULTIPLE-FAMILY RESIDENTIAL - 1,000 SQUARE FEET (RM-1) AT O`OMA 1sT, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-010:003. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at O`oma 151, North Kona, Hawaii, shall be Multiple-Family Residential - 1,000 squaze feet (RM-1): Beginning at the Northwest comer of this pazcel of land, at the Southwest corner of Lot 4 of Lokahi Ka`u, being a portion of Grant 5472 to William Keanaaina, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 8,907.34 feet South and 20,630.38 feet West, and running by azimuths measured from true South: 1. 270° 00' 00" 465.27 feet along Lot 4 of Lokahi Ka`u, being also along the remainder of Lot 13-A of Kalaoa- O`oma Homesteads, same being also along the remainder of Grant 5472 to William Keanaaina; 2. 359° 57' 40" 944.49 feet along Lot 13-B of Kalaoa-O`oma Homesteads, being also along the remainder of Grant 5472 to William Keanaaina; 3. 97° 28' 30" 147.54 feet along the middle of a stonewall, being also along Government Land; -1- 4. 95° 34' 30" 136.56 feet along the middle of a stonewall, being also along Government Land; S. 97° 10' 00" 280.03 feet along the middle of a stonewall, being also along Government Land; 6. 98° 09' 20" 4.59 feet along the middle of a stonewall, being also along Government Land; 7. 195° 56' 00" 339.84 feet along Lot 5 of Lokahi Ka`u, being also along the remainder of Lot 13-A of Kalaoa- O`oma Homesteads, same being also along the remainder of Grant 5472 to William Keanaaina; Thence along Lot 5 of Lokahi Ka`u, being also along the remainder of Lot 13-A of Kalaoa-O`oma Homesteads, being also along the remainder of Grant 5472 to William Keanaaina on a curve to the left with a radius of 850.00 feet, the chord azimuth and distance being: 8. 185° 07' 30" 318.79 feet; 9. 174° 19' 00" 233.29 feet along Lot 5 of Lokahi Ka`u, being also along the remainder of Lot 13-A of Kalaoa- O'oma Homesteads, same being also along the remainder of Grant 5472 to William Keanaaina to the point of beginning and containing an area of 10.001 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), 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- (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(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Within three yeazs from the enactment of the ordinance the applicant shall provide assurance satisfactory to the Department of Water Supply and the Planning Director, upon consultation with the Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality, quantity, and related transmission and storage system can be established. C. To ensure that the Goals and Policies of the Housing Element of the Genera] Plan aze implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy, provided further that, as represented by the applicant, all units shall be rented at a rate affordable to families earning not more than 80% of the median income, as determined by the Office of Housing and Community Development. Affordable housing credits in excess of the basic requirements of Chapter 11, Article 1, Hawaii County Code, shall be credited to the applicant, its successors, or assigns. The affordable housing plan shall be approved by the Administrator of the Office of Housing and Community Development prior to final subdivision approval or final plan approval, whichever occurs first -3- D. The actual development of the water source and its water transmission, storage, and distribution system shall be developed in conjunction with Final Plan Approval or Final Subdivision Approval, whichever occurs first. In lieu of actual construction of these improvements, the applicant may enter into an agreement with the County to assure that the infrastructure improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable by the County. Upon execution of such agreement and filing of the security with the County, Final Plan Approval or Final Subdivision Approval shall be granted prior to the actual construction of required improvements, provided occupancy of residential structures shall not be issued until the approved water source is developed and its transmission, storage, and distribution system for such source to the subject property has been constructed and accepted for dedication to the Water Board. E. The proposed dwelling units shall not exceed the number of units of water that are available and have been committed to the subject property by the Department of Water Supply or other approved water source. Any further development shall occur only when sufficient County water becomes available by construction of on- and off-site water system improvements. All water system improvements shall meet with the requirements of the Department of Water Supply prior to the issuance of the Certificate of Occupancy for any residential unit. F. Construction of the proposed development shall be completed within five (5) years from the effective date 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 Section 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 -4- for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). The applicant shall include native species among the plants used for landscaping. G. All driveway connections to Kakahiaka Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. H. The applicant shall construct the extension of Kakahiaka Street to the project entrance to dedicable standards and dedicate all improvements to the County upon request. The remainder of Road Lot 5 to the southern boundary of the property shall be set aside as a future road reserve, along with any necessary construction easements, and improved to dedicable standards by the applicant, successors or assigns, when the Planning Director determines that this road will serve a useful function. When required by the Director, the road shall be constructed in the manner specified by the Department of Public Works and shall be on an alignment meeting with the approval of the Planning Director in consultation with the Department of Public Works. The obligation to build the road and the County's right to recover all costs and expenses to enforce the obligation shall be secured by a covenant running with the land recorded against at least one of the parcels created by Subdivision No. 02-000051, or the applicant may build the road or bond its construction. Said covenant shall grant the County the power to foreclose upon the encumbered property to satisfy costs of building the road under public procurement procedures, which costs and procedures shall be as determined by the Director of Public Works. I. Access through the Lokahi project (TMK: 7-3-10:48) to the Midlevel Road (a street connecting to Ka'iminani Drive from the south, makai of the Kona Palisades subdivision) by and through the mauka portion of the Lokahi -5- subdivision to Kapuahi Street and on any privately-owned portion of Kakahiaka Street, shall be allowed by the applicant as long as the roads are in private ownership. J. A drainage study shall be prepazed by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to the receipt of a Certificate of Occupancy. K. Install streetlights, signs, and markings meeting with the approval of the Department of Public Works, Traffic Division prior to the issuance of a Certificate of Occupancy. L. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. M. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage master plan shall be prepared and submitted to the Department of Public Works prior to issuance of Final Plan Approval. Any drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. N. The new sewer treatment plant shall meet the specifications and requirements of the Department of Health. O. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. -6- P. As identified in the approved Archaeological Mitigation Plan (Appendix C), Site 23417 shall be preserved. A barrier shall be constructed azound the site during construction. Upon completion, buffers shall be established azound the site and cautionary and interpretive signs shall be posted. Q. 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 Deparhnent 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 finds that sufficient mitigative measures have been taken. R. The applicant shall include an area for a bus stop, and shall construct a shelter for bus passengers. This condition maybe met either within the property, adjacent property, or along Kakahiaka Street. S. The applicant shall provide an active recreational area on not less than l -acre of land. The active recreation azea may consist of a pool or other facilities as approved by the Planning Director in consultation with the Director of the Department of Parks and Recreation. T. The applicant(s) shall comply with all applicable laws, rules, regulations and requirements. U. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The 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 unit counts are adjusted. The fair share -7- contribution shall become due and payable prior to receipt of Final Plan Approval or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. 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 maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (RCPT). The fair share contribution shall have a maximum combined value of $6,653.40 per multiple family residential unit. Based upon the applicant's representation of intent to develop a total of 306 multi-family residential units, the indicated total of fair share contribution is $2,035,940.40 for the multi-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition P. The fair share contribution shall be allocated as follows: 1. $3,281.93 per multiple family residential unit for the 306-unit multi-family development for an indicated total of $1,004,270.50 to the County to support park and recreational improvements and facilities; 2. $103.73 per multiple family residential unit for the 306-unit multi-family development for an indicated total of $31,741.38 to the County to support police facilities; 3. $319.07 per multiple family residential unit for the 306-unit multi-family development for an indicated total of $97,635.42 to the County to support fire facilities; -8- 4. $142.21 per multiple family residential unit for the 306-unit multi-family development for an indicated total of $43,516.26 to the County to support solid waste facilities; 5. $2,806.46 per multiple family residential unit for the 306-unit multi-family development for an indicated total of $858,776.76 to the State or County to support road and traffic improvements. 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 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 County Council. V. Should the Council adopt a Unified hnpact 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. W. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the 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 complied with and sales records for the project identifying amount units were sold for and proof that units were sold to owner-occupants. The annual report shall also provide documentation satisfactory to the Planning Director to evidence the actual sales prices of the units sold. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. -9- X. An initial extension of time for the performance of conditions within the ordinance maybe 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(s), its successors or assigns, and that aze 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 yeaz maybe extended for up to one additional yeaz). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the Planning Commission and County Council for appropriate action. 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 azea 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 parts of this ordinance. -10- ~ . SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ , C~ COUNCIL MEM$ ,COUNTY OF H AI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm: ~00 -11- A.Sa RS10 t A3e w 0 z N RS10 AGRICULTURALS ACRE (A-5a) TO MULTIPLE-FAMILY RESIDENTIAL 1000 S . FT. M-1 70.001 ACRES a A-Se T RS10 h~ S RM-4 0 A-Ss RW A-Se ~ ~ 4907.34 S 20,630.38 W IHSa 'MOANU/AHEA~ RMJ A-Se A-Se A-Ss OPEN OPEN OPEN OPEN B50 425 0 ~0 1.700 2550 3.400 4. Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-5 ACRE (A-5a) TO MULTIPLE-FAMILY RESIDENTIAL 1,000 SQUARE FEET (RM-1) AT O'OMA 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 73-010:003 Date: March 22, 2007 EXHIBIT "A" (Seascape llevelOpmeM, LLC:07-165)