HomeMy WebLinkAboutORD 2007-174 2006-2008 MtY os y
COUNTY OF HAWAII STATE OF HAWAII
(17 1~4 BILL N0. I Draft 2 )
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 1S`, North Kona,
Hawaii, shall be Multiple-Family Residential - 1,000 square feet (RM-1):
Beginning at the Northwest corner of this parcel 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;
4. 95° 34' 30" 136.56 feet along the middle of a stonewall, being
also along Government Land;
5. 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 lefr
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 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 of the public from the potentially deleterious effects of
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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 years 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 General Plan
are 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 (100% of the entire project),
shall be rented at a rate affordable to families earning not more than 60% of the
median income, as determined by the Office of Housing and Community
Development. In accordance with section 11-11, Hawaii County Code, all units
shall remain at this affordable rental rate (60% of the median income) for a period
of not less than twenty years, or a longer period as mutually agreed between the
applicant and the Administrator of 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.
D. The actual development of the water source and its water transmission, storage,
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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
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.
-4-
17 (Landscaping Requirements). The applicant shall include native species
among the plants used for landscaping.
G. Applicant shall construct a minimum of 460 parking stalls for use by tenants of
the project, calculated on the basis of one and one-half spaces per unit. In
addition, applicant shall explore additional means of increasing parking for the
project, including but not limited to assigned stalls, an on-site shared parking
program, and other measures that meet with the approval of the Planning
Department.
H. Applicant shall incorporate energy efficient appliances and practices in the
project's individual apartments and common areas including solar water heating,
low flow plumbing fixtures, energy efficient light fixture/compact fluorescent
light bulbs, drought tolerant landscaping and, to the extent feasible, photovoltaic
solar panels.
I. All driveway connections to Kakahiaka Street shall conform to Chapter 22,
Streets and Sidewalks, of the Hawaii County Code.
J. 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
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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.
K. 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
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.
L. A drainage study shall be prepared 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.
M. 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.
N. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawaii County Code.
O. 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
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approval of the Department of Public Works prior to the issuance of a Certificate
of Occupancy.
P. The new sewer treatment plant shall meet the specifications and requirements of
the Department of Health.
Q. 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.
R. 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 around the site and
cautionary and interpretive signs shall be posted.
S. Should any remains of historic sites, such as rock walls, terraces, platforms,
mazine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigative measures have been taken.
T. The applicant shall include an area for a bus stop, and shall construct a shelter for
bus passengers. This condition may be met either within the property, adjacent
property, or along Kakahiaka Street.
U. The applicant shall provide four active recreational azeas within the project site,
the cumulative azea of which will be approximately one-half (.5) acre of land and
shall include facilities such as a half size basketball court, a volleyball court,
exercise pavilion, and playground equipment for children.
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V. The applicant(s) shall comply with all applicable laws, rules, regulations and
requirements.
W. 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 may be
increased or reduced proportionally if the unit counts are adjusted. The fair share
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 may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HOPI). 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 [l?] W. 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;
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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;
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. Applicants obligation
to pay fair share contributions shall be inapplicable and waived when applicant
implements the affordable housing rental program set forth in Condition C above, which
provides that all units (100% of the entire project) shall be rented at a rate affordable to
families earning not more than 60% of median annual income in Hawaii County, as
certified by the Office of Housing and Community Development.
X. 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
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Ordinance.
Y. 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 aze 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.
Z. An initial extension of time for the performance of conditions within the
ordinance may be 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 aze beyond the control of the applicant(s), its 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 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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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 area to its
original or more appropriate designation.
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:
COUNCIL EMBER, COUNT OF HAWAII
Kona , Hawaii
Date of Introduction: November 7, 2007
Date of 1st Reading: November 7 , 2007
Date of 2nd Reading: November 20, 2007
Effective Date: December 4, 2007
Ri~ERENC~: Comm. 700.8
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A-Sa RS-f0
~ A-5a
w 0
z ti RS10 AGRICULTURALS ACRE (A-Sa) TO
U I i 1TU1L 1000 S FT. -1
10.001 ACRES
3
A-5e
7
RS10
ASa
s
R?L4
0
~ X58 RAfd
A-5e ~ ~ $907.34 S
20,630.38 W
ASa 'iNOANU/AHEA
RN-4
A-5a
Av`e
A-Sa
OPEN
OPEN
OPEN
850 425 0 ~0 1700 2550 3400 425~Q
eet
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 lYate: March 72, 2007
EXHIBIT "A" (Seascape DevebpmeM, LLC:07-165)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
(Draft 2)
Introduced By: K. Angel Pilago ROLL CALL VOTE
Date Introduced: Novetttber 7, 2007 AYES NOES ABS EX
First Reading: November 7, 2007 Ford X
Published: Novetber 16, 2007 Higa X
Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X - r~=l
Yagong X t..`
Yoshimoto X _ ~
9 ~ = 0 (T 0
Second Reading: Novetber 20, 2007 a
To Mayor: November 29, 2007
ROLL CAL£;VOTE~
Returned: December 4, 2007 AYES NOES ABS EX
Effective: December 4, 2007 Ford X
Published: December 20, 2007
Higa X
Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
8 0 1 0
I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO . ,
FO AND LEGALITY: -
COUNCIL N ~
DEP TY CORPORATION C SEL '
COU TY OF HAWAII ~t
` 1~A.
NOV ~ ?007 COUNTY CL~RK~
3
Date
182 (Draft 2)
Bill No.:
'I'~ Reference: C-700.8/PC-51
4pprove Disapproved [his ~ _ day ~
Ord No.:
of ,2001
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