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Home My WebLink AboutBIL 373 Draft 01 1994-1996 ,,-_. ~.. - -- -. . . "" / ~ ,Cfb1.4.{-""- ? ----.. -- -- ---~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. 373 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HA WAIl COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO RESORT (V-6.0) AT KEEKEE 2nd, ILIKAHI, KANAKAU 1st and 2nd, and KALUKALU 1st, 2nd and 3rd, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-1-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA WAIl: SECTION 1. Section 25-88, Article 3, 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 Keekee 2nd, Ilikahi, Kanakau 1 st and 2nd, and Kalukalu 1 st, 2nd and 3rd, South Kona, Hawaii, shall be Resort (V -6.0): Beginning at the Northwesterly comer of this parcel of land at a point bearing 300033' 20" 399.34 feet from an angle point on the Easterly boundary of the State Land Use Conservation District, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,636.53 feet South and 1,386.52 feet East and running by azimuths measured clockwise from True South: Thence, for the next fifteen (15) courses following along the remainder of Grant 1745 to John Cavanah: 1. 2260 00' 604.00 feet to a point; 2. 3160 00' 319.00 feet to a point; 3. 3530 00' 80.00 feet to a point; . . 4. 160 00' 290.00 feet to a point; 5. 670 00' 275.79 feet to a point; 6. 1570 00' 50.27 feet to a point; 7. 670 00' 144.00 feet to a point; 8. 3370 00' 174.00 feet to a point; 9. 2470 00' 105.36 feet to a point; 10. 3370 00' 725.39 feet to a point; 11. 890 00' 447.00 feet to a point; 12. 1570 00' 238.00 feet to a point; 13. 1460 00' 303.00 feet to a point; 14. 1910 00' 362.00 feet to a point; 15. 1820 42' 30" 255.00 feet to the point of beginning and containing an area of 14.854 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. 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 of the stated conditions of approval. B. The effective date of the rezoning shall be upon approval of an amendment to the General Plan Land Use Pattern Allocation Guide Map for the redesignation of the project site from Orchard to Resort and to include Keekee-Kalukalu with the list of (Retreat) Resort areas in the South Kona District. -2- . . C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy. " D. Subdivision plans for any portion of the resort-zoned area within the project site shall be submitted to the Planning Department and Final Subdivision Approval secured within five (5) years from the effective date of this ordinance as determined in Condition B. E. Final Plan Approval shall be secured within five (5) years from the effective date of this ordinance as determined in Condition B. F. A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable. G. All electrical and communication utilities and systems within the 14.8 acre project site shall be placed underground. H. A Flood Study of the project site shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the 14.8 acre project site. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision or Plan Approval for the project site. I. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director and the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community -3- . . organizations, prior to submitting plans for subdivision review. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation and (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the project area. J. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls 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 the DLNR-HPD finds that sufficient mitigative measures have been taken. K. A Solid Waste Management Plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the proposed development. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works. -4- . . L. Access( es) to the project site shall be constructed in a manner meeting with the approval of the Department of Public Works, for the following roadway improvements between Haleki'i Street and the 14.8-acre project site which shall be completed in conjunction with the issuance of a certificate of occupancy for any portion of the lodge within the project site: (1) the channelization and signalization of the project site's Mamalahoa Highway-Haleki'i Street intersection; (2) the extension of Haleki'i Street shall be constructed as an arterial along its general mauka-makai alignment, as shown on Exhibit "B"; (3) the roadway segment from the Haleki'i Street extension to the project site shall be constructed prior to the certificate of occupancy for any development within the 14.8 acre project site. Construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of our lanes, provided further, that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki' i Street shall be completed and available for public use prior to the occupancy of the lodge within the entire project area. M. Infrastructural improvements as required under Conditions D, F, G, H, K and L shall not prohibit the applicant from participating in a Development Agreement or any other agreement together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, appropriate agencies or the County Council, whichever is applicable, to ensure the provision of -5- . . necessary infrastructural improvements to support the proposed development in a timely manner. N. The applicant shall establish a program for employee housing which shall be submitted for the review and approval of the Planning Director and Housing Agency together with the submittal of plans for Plan Approval for the proposed lodge. The program shall include provisions for on-site or off-site housing for the employees of the lodge in an amount to be determined by a study of surrounding housing opportunities and employee needs. The program may also include consideration for other alternatives such as rental housing subsidies or housing allowances. The approval of the program shall be secured prior to the issuance of a certificate of occupancy of the lodge. O. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire Department, State Department of Education and the Department of Water Supply. P. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited toward the requirements of the Unified Impact Fees Ordinance. Q. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the -6- . . conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. R. An initial extension of time for the performance of conditions within the ordinance, with the exception of Condition B, 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 are beyond the control of the applicant, successors or assigns, and that is 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). (5) Should the applicant require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. S. Should any of the conditions not be met or substantially complied within a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -7- . . 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 MEMBER, COUNTY OF HA WAIl Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: RHi:RENCE: Comm. 1474 )"'4r" "liP~'l~ APPROVED AS TO FORM AND LEGALITY CORPORA nON COUNSEL DATED: -8- A-tja A-Ia "PUU OHAU" ~ . A-Ia A-tja A-tja I I l , , A,la I >- >- ~ IW ~, < ~ /' ~ ~ I::) ~ I I ~! ~ ~ , I::) I ~ ~ } ~ I::) , I::) Z I '" --.... ........ ........ ----- ---- A,la Un lanned 1.636.53 5 1 .386.52 E "PUU OHAU"'& AGRICULTURAL (A-10) TO RESORT (V-G.O) AREA: 14.854 ACRES A-Ia s E A AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-88 (SOUTH KONA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-l a) TO RESORT (V-6.0) AT KEEKEE 2ND, ILlKAHI, KANAKAU 1 ST AND 2ND AND KALUKALU 1 ST, 2ND AND 3RD, SOUTH KONA, HAWAII. I PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII EXHIBIT "A" TMK : 8-1-4:PORTION OF 3 OCTOBER 9. 1996 (OCEANSIDE 1250 - REZ.) r"'....... ~ -f :c m < - I I > G') m en !i :c o '" c' '" :I> Z o . . . ,. ~ :c - m - -t m -- : ' ., ~ '". I ~,~:. ..,b...,.;,d: 1.~ ", .~ . . . ,i'!' :., - ~ ,. -:' '."..... _.~ ~. . I . I' '..' ." ';': "...t.' ... __ i" ''-0' ,..~.:! - '. ,- .. ,........... . " r '........... 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