HomeMy WebLinkAboutBIL 373 Draft 05 1994-1996
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COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 373
(Draft 5)
ORDINANCE NO. 97 36
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-l a) 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 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;
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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, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The effectuation of the water commitment rights in the Kealakekua Source
Agreement to the current landowners of the subject area with acceptance of the
prevailing facilities charge by the Department of Water Supply of the required
water commitment payment shall be in accordance with its "Water Commitment
Policy" prior to the issuance of Final Plan Approval.
C. Subdivision plans for any portion of the subject area shall be submitted to the
Planning Director and Final Subdivision Approval secured within five (5) years
from the effective date of this ordinance.
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D. 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.
E. A wastewater disposal system for the subject 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.
F. All electrical and communication lines within the subject area shall be placed
underground.
G. A Flood Study of the subject area shall be submitted to the Planning Director in
conjunction with plans submitted for subdivision or plan approval review,
whichever occurs first, for any portion of the 14.8 acre area. Drainage
improvements shall be constructed meeting with the approval of the Department
of Public Works, prior to the issuance of Final Subdivision or Plan Approval for
the subject area.
H. An archaeological mitigation and interpretation plan shall be prepared and
submitted for approval by the Planning Director in consultation with 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:
(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
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(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
subject area.
I. 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.
1. 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 development within the subject
area. Approved recommendations and mitigation'measures shall be implemented
meeting with the approval of the Department of Public Works.
K. Access(es) to the subject area shall be constructed meeting with the approval of
the Department of Public Works. The following roadway improvements between
Haleki'i Street and the 14.8-acre subject area shall be completed in conjunction
with the issuance of a certificate of occupancy for any development within the
subject area:
(1) the channelization and signalization of the project site's Mamalahoa
Highway-Haleki'i Street intersection;
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(2) the extension of Haleki'i Street shall be constructed as an arterial along its
general mauka-makai alignment, as shown on Exhibit "BD, which phasing
of improvements shall be approved by the Department of Public Works.
If, before the completion and opening of the entire Mamalahoa Highway
Bypass, a portion of said bypass is completed and opened, and said portion
provides a connection to Haleki' i Street, a barricade or breakaway gate
meeting with the requirements of the Department of Public Works, shall
be installed by the applicant as part of the required Haleki'i Street
improvements. The purpose of this condition is to prevent the use of
Haleki'i Street as a vehicular thoroughfare between the existing
Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass
until the entire proposed Mamalahoa Highway Bypass between the
approximate vicinity of Keauhou and Captain Cook has been completed
and opened for general public use;
(3) the roadway segment from the Haleki'i Street extension to the subject area
shall be constructed prior to the certificate of occupancy for any
development within the 14.8 acre subject area.
Also, the Mamalahoa Highway Bypass shall be constructed 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 four 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 proposed development within the subject area.
L. Infrastructural improvements as required under Conditions C, E, F, G, J, and K
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
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Council, whichever is applicable, to ensure the provision of necessary
infrastructural improvements to support the proposed development in a timely
manner.
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 subject area.
N. The applicant shall make its fair share contribution to mitigate the potential
impacts of the proposed development within the subject 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 proposed to be developed by the amounts
allocated hereinbelow for each such unit, and shall become due and payable
prior to final plan approval or final subdivision approval, 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 payable prior to final plan approval of each increment shall be a sum
calculated in the same manner according to the number of proposed units in
each such increment. The fair share contribution may 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 applicant's representation of intent to develop up to 80 units, the indicated
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total fair share contribution is $637,272.00. However, the total amount shall be
increased or reduced in proportion with the actual number of lots/units
according to the calculation and payment provisions set forth in this Condition
N. The fair share contribution shall be allocated as follows:
1. $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 support fire facilities;
3. $43.02 per resort unit for an indicated total of $3,441.60 to the County
to support solid waste facilities;
4. $5,892.15 per resort unit for an indicated total of $471,372.00 to the
State or County to support road and traffic improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (HCPI). 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 proposed
development, subject to the approval of the Planning Director. The cost of
constructing the improvements and the fair market value of land contributed
required in Condition K shall be credited against the sum specified in Condition
N (4) for road and traffic improvements. For purposes 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
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subject to the review and approval of the Planning Director, upon consultation
with the appropriate agencies.
O. Comply with all applicable laws, rules, regulations and requirements,-including
those of the Department of Health, Fire Department 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.
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(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).
S. Should any of the conditions not be met or substantially complied within a timely
fashion, the 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:
IL MEMBER, COUNTY OF HA WAil
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
February 19, 1997
February 19, 1997
March 7, 1997
March 13, 1997
APPROVED AS TO FORM AND LEGALITY
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DEPUTY CORPORATION COUNSEL
DATED:
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AREA: 14.854 ACRES
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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.
.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 8-1-4:PORTION OF 3
EXHIBIT ''A''
OCTOBER 9. 1996
(OCEANSIDE 1250 - REZ.)
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Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
. omCE elf THE COUNTY CLERKe
County of Hawaii
Hi~ Hawaii
Bobby Jean Liethead-Todd
February 19, 1997
February 19. 1997
February 28, 1997
Second Reading:
To Mayor:
Returned:
Effective:
Published
REMARKS:
March 7, 1997
March 7, 1997
March 13. 1997
March 13, 1997
Marcn 21, 1997
Rc('"\C\\ /r.:O
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'97 r1flR 13 PPl 2 17
(DRAPI' 5)
ROLL CAL~}lf?rn-y CLERK
AYES ( ~y Ol;~.1fSlr. I Y'1!x
Arakaki X
Chung X
Leithead-Todd X
Ray X
Reynolds X
Santangelo X
Smi th X
Tyler X
Yagong X --
9 0 0 0
ROLL CALL VOTE
--
AYES NOES ABS EX
Arakaki X
Chung X ----
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Leithead-Todd X
Ray X I
Reynolds X
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Santangelo X
Smith X -r
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Tyler X ob=
YaQ:onQ: X
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I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVED AS TO
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DEPUTY CORPORATION COUNSEL
COUNTY OF HAW All
Date 31!d/q7
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Apl,roved / Diun'Tf1'('fld this
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day
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COUNTY CLERK
Bill No.:
Reference:
Ord. No.:
373 (Draft 5 )
C-1474j1996jPC-27
97 36