HomeMy WebLinkAboutORD 1997-049 1996-1998 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 27 _
(Draft 2)
ORDINANCE NO. 9~7 45
AN ORDINANCE AMENDING SECTION 25-95G (PUAKO - ANAEHOOMALU ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO RESORT -HOTEL
(V-2a) AT ANAEHOOMALU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 6-9-07:15.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95G, 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 Anaehoomalu, South
Kohala, Hawaii, shall be Resort -Hotel (V-2a):
Beginning at a spike (found) at the Northeasterly corner of this parcel of land,
being also the Northwesterly corner of Lot 3 of Waikoloa Beach Resort, Phase I
(Amended) (Pile Plan 1562) and being a point on the Southerly side of an existing 60-Ft
Wide Road right-ol=way, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being 4,081.7] feet North and
37,137.53 feet West and running by azimuths measured clockwise from True South:
1. 31 ° ] 9' 40" 610.40 feet along Lot 3 of Waikoloa Beach Resort.
Phase I (Amended) (File Plan l 562) and
along the remainder of Royal Patent 7523,
[.and Commission Award 4452, Apana 4 tc
H. Kalama to a point;
2. 121° 19' 40" 871.1 I feet along Grant ] 3,586 to E..l. White to a
Y~ inch pipe (set);
Thence, for the next nine (9) courses following along the upper reaches of the
wash of the waves as evidenced by the
debris line or the edge of vegetation as
located on November 13, 1995 and certified
by the Department of Land and Natural
Resources on January 29, 1996, the direct
azimuths and distances being;
3. 245° 2T 104.47 Feet to a spike (set);
4. 258° 39' 73.87 feet to a P.K. nail (set);
5. 236° 58' 65.32 feet to '/z inch pipe (set);
6. 222° 06' 79.60 feet to '/z inch pipe (set);
7. ] 97° 55' 50.90 feet to a''/z inch pipe (set);
8. 221° 06' 16.43 feetto a''/z inch pipe (set);
9. 239° 03' 8454 feet to a spike (set);
10. 239° 00' 17.88 feet to a spike (set);
1 l . 223° 0T 15.19 fect to a % inch pipe (set);
12. 272° 26' 30" 342.63 feet along Lot 11 of Waikoloa Beach Resort,
Phase I (Amended) (File Plan 1562) and
along the remainder of Royal Patent 7523,
Land Commission Award 4452, Apana 4 to
H. Kalama to a P.K. nail (found);
13. 301 ° 19' 40" 373.34 feet along the Southerly side of a 60-Ft.
Wide Road right-of--way to the point of
beginning and containing an area of 9.643
Acres, more or less.
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 wit}t
all of the stated conditions of approval.
B. Final Subdivision and/or Plan Approval for the subject property shall be
secured within five (5) years from the effective date of this change of zone.
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C. Access(es) to the subject property shall be constructed meeting with the
approval of the Department of Public Works.
D. A Solid Waste Management Plan for the proposed development within the
subject property shall be prepared meeting with the approval of the Departmem
of Public Works prior to submitting plans for subdivision or plan approval
review, whichever occurs first.
E. A Flood Study of the subject property shall be submitted to the Planning
Director in conjunction with plans submitted for subdivision or plan approval
review, for any portion of the subject property, whichever occurs first. Drainage
improvements shall be constructed meeting with the approval of the Department
of Public Works, prior to the issuance of Final Subdivision Approval or certificate
of occupancy for the subject property, whichever occurs first.
F. A wastewater disposal system shall he constructed meeting with the approval of
the State Department of Health and/or the Department of Public Works,
whichever is applicable.
G. An archaeological preservation plan shall he prepared and submitted for revieH
and approval by the Planning Director, in consultation with the Department of
Land and Natural Resources-Historic Preservation Division (DLNR-HPD).
Approved mitigation measures shall be implemented prior to or in conjunction
with any land alterations within the subject property.
H. An anchialine pond research report and preservation plan shall be prepared and
submitted for approval with the DLNR-HPD. Approved mitigation measures
shall be implemented prior to or in conjunction with any land alterations within
the subject property.
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I. Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls br,
encountered, work in the immediate area shall cease and the DLNR-HPD shall
be immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when the DLNR-HPD Yinds that sufficient
mitigative measures have been taken.
J. 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 i;
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 4 units, the indicated total
fair share contribution is $31,863.60. 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
J. The fair share contribution shall be allocated as follows:
1. $1,942.74 per resort unit for an indicated total of $7,770.96 to the
County to support park and recreational improvements and facilities;
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2. $87.99 per resort unit or an indicated total of $351.96 to the County to
support fire facilities;
3. $43.02 per resort unit for an indicated total of $172.08 to the County to
support solid waste facilities;
4. $5,892.15 per resort unit for an indicated total of $23,568.60 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. For purposes of
administering Condition J, 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 subject to the review and approval of the Planning Director, upon
consultation with the appropriate agencies.
K. 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 Final Subdivision or Plan
Approval for the proposed development, whichever occurs first. The program
shall include provisions for on-site or off-site housing for the employees of the
proposed development 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
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a certificate of occupancy of the proposed development within the subject
property.
L. Comply with all applicable laws, rules, regulations and requirements, including
those of the Department of Health, Fire Department and Department of Water
Supply.
M. 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.
N. An 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
orloning 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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O. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject property 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.
[NTRODUCIiD BY:
fr~- _1G-
y
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 7, 1997
Date of 1st Reading: March 7, 1997
Date of 2nd Reading: March 19, 1997
Effective Date: March 24, 1997
APP}ZjJVED AS T ~ F RM AND LEGALITY
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s' P'il i Y CORPORATION COUNSEL
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AREA: 9.643 ACRES
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-95G (PUAKO - ANAEHOOMALU ZONE MAP) ARTICLE 3, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION
FROM OPEN TO RESORT -HOTEL (V-2a) AT ANAEHOOMALU, SOUTH KOHALA, HAWAII
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-9-7: 75 NOVEMBER 19, 1996
EXHIBIT "A„ (JOHN w. rIOFFEE.n)
OFFICE OF THE COUNTY CLER~_
County of Hawaii
Hilo Hawaii
(DRAFT 2) ~ ~ -
AYES _,_I~OES ABS Ek
Introduced By: Bobby Jean Leithead-Todd Arakaki ~ ' (
Date Introduced: March 7, 1997 Chung X
First Readin March 7, 1997 X -
g' Leithead-Todd
Published: March 14, 1997 -
- Ray X
REMARKS: Reynolds X
Santangelo _ _
Smith X
Tyler X _
Ya on X
9 0 0
ROLL CALL VOTE
Second Reading: March 19, 1997 AYES NOFS ABS ~ EX
To Mayor: March 20. 1997 Arakaki X
Returned: March 24, 1997 -
EfEective: March 24, 1997 Chun
Published April 4 1997 Leithead-Todd X_ _
Ray X
KEMARKS: Reynolds X _ _
_ Santan elo X _
- Smith X
T ler X
- Ya or. _ X _
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Counri! and published as
indicated above. A^:''?i?~,'"L~. AS Tr:~ ~
FCe M A'dD l~foALITY:
Lr
:St . . ~ . CIL CHAIRMAN
_ i-
D;?"TY :..~~~:?Ci„4LC:iN CGUhS:L
COUNTY~Uf Yf4WAl1 ~ ~~',;,_~..~_.,~a'.
~ ~ ~ -
l ~ COUNTY CLERK
Approved/Llt~a~rredthis a/- day
of /j'Vf ll~ , 19 X1-7 _
~C: u,,, wC,,~
R, CO FHAWAIt g;((No,: 27 (Draft 2)
Reference: C-77.01/PC-29
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Ord No.: -