HomeMy WebLinkAboutBIL 373 Draft 02 1994-1996
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COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 373
(Draft 2)
ORDINANCE NO.
AN ORDINANCE 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-la) TO RESORT (V-6.0) AT
KEEKEE 2nd, ILIKAHI, KANAKAU 1 st and 2nd, and KALUKALU 1 st, 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 HAWAII:
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 subject area situated at Keekee 2nd,
Ilikahi, Kanakau 1st and 2nd, and Kalukalu 1st, 2nd and 3rd, South Kona, Hawaii, shall
be Resort (V -6.0):
Beginning at the Northwesterly comer of this parcel ofland 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;
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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, .its. 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.]
[CIll. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines
Policy[.]n within ninety days from the effective date of this change of zone
ordinance.
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[D]e. Subdivision plans for any portion of the [resort-zoned] subject area [within the
project site] shall be submitted to the Planning [Department] Director and Final
Subdivision Approval secured within five (5) years from the effective date of this
ordinance [as determined in Condition B].
[EIn. Final Plan Approval for the proposed development within the subject area shall be
secured within five (5) years from the effective date of this ordinance [as
determined in Condition B].
[F]E. A wastewater disposal system for the su~ect area 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.
[OlE. All electrical and communication utilities and systems within the [14.8 acre
project site] subject area shall be placed underground.
[H]Q. A Flood Study of the [project site] subject area shall be submitted to the Planning
[Department] Director in conjunction with plans submitted for subdivision or plan
ap.proval review. whichever occurs first, 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] subject area.
[I]H. 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
organizations, prior to submitting plans for subdivision or plan approval review.
whichever occurs first. The Plan shall consist of three subplans:
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(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] subject area.
[J]l. 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],l. A Solid Waste Management Plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for subdivision or plan
approval review. whichever occurs first. 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 devClopment within the suQject
~. 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.
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[L]K. Access(es) to the [project site] subiect area 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 l4.8-acre
[project site which] subject area shall be completed in conjunction with the
issuance of a certificate of occupancy for any [portion of the lodge] development
within the [project site] subject area:
(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] subject area shall be constructed prior to the certificate of occupancy
for any development within the 14.8 acre subject area [project site].
Also. the construction of [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] fimI 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 issuance of a certificate of occupancy of the [lodge] proposed development
within the [entire project area] subject area.
[M]L. Infrastructural improvements as required under Conditions [D] E, F, G, [H] J, m1d
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
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necessary infrastructural improvements to support the proposed development in a
timely manner.
[N]M. 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 within the subiect area.
No. The ~licant shall make its fair share contribution to mitigate the potential
impacts of the proposed development within the suQject area with respect to
parks and recreation. fire. 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 units prqposed to be developed by the amounts
allocated hereinbelow for each such unit, and shall become due and p~able
prior to final plan approval or final subdivision ~roval. whichever occurs
first. for any portion of the subject area or its increments. If the subject area is
developed in two or more increments. the amount of the fair share contribution
due and p~able prior to final plan ~roval of each increment shall be a sum
calculated in the same manner according to the number of pro.posed units in
each such increment. The fair share contribution m~ be in a form of cash.
land. facilities. or any combination thereof acceptable to the Planning Director
in consultation with the affected agencies. The fair share contribution shall
have a maximum combined value of $7,965.90 per resort unit. Based upon
the ~plicant's representation of intent to develop up to 80 units. the indicated
total fair share contribution is $637,272.00. However. the total amount shall be
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increased or reduced in proportion with the actual number of lots/units
accordin~ to the calculation and payment provisions set forth in this Condition
N. The fair share contribution shall be allocated as follows:
L. $1.942.74 per resort unit for an indicated total of $155,419.20 to the
County to support park and recreational improvements and facilities:
2... $87.99 per resort unit or an indicated total of $7,039.20 to the County
to sl\PPort fire facilities:
l.. $43.02 per resort unit for an indicated total of $3,441.60 to the County
to sl\PPort solid waste facilities;
i.. $5.892.15 per resort unit for an indicated total of $471,372.00 to the
State or County to sltPPort road and traffic improvements.
The fair share contributions described above shall be a<ijusted annually
be~innin~ three years after the effective date of the chan~e of zone. based on the
percentage chan~e in the Honolulu Consumer Price Index (HCPt). In lieu of
paying the fair share contribution. the applicant may construct and contribute
land. improvements/facilities related to parks and recreation. fire. solid waste
disposal facilities. and roads within the region impacted by the prQposed
development. subject to the approval of the Plannin~ Director. The cost of
constructin~ the improvements and the fair market value of land contributed
required in Condition K shall be credited a~ainst the sum specified in Condition
N(4) for road and traffic improvements. For pUt:poses of administering
Condition N. the fair market value of land contributed or the cost of any
improvements required or made in lieu of the fair share contribution shall be
suQject to the review and approval of the Planning Director. upon consultation
with the appropriate a~encies.
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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
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.
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(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 suQject 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 MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REfERENCE:- Comm. 107
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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