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HomeMy WebLinkAboutBIL 348 Draft 01 1998-2000 +3~d i, 1'~It 348 ORI7INA1~IC.E NOD. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL-COMMERCIAL MIXED USE (RCX-2a) AT KEAHUOLU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-8 PORTION OF l 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, ~s amended to change the distnct classification of property descnbed hereinafter as follows The distnct classification of the following azea situated at Keahuolu, North Kona, Hawan, shall be Res~denttal-Commercial Mixed Use (RCX-2a) Beginning at the north comer of this parcel of land, on the easterly side of Palam Road, the coordinates of said point of beginning referred to Government Sun•ey Tnangulat~on Station "KAILUA (North Meridian)" being 4,377 84 feet North and 3,584 34 fee t East, thence running by azimuths measured clock«•ise from True South 1 332° 00' 983 83 feet along the remainder of R P 68~ 1, L C 4w 8452, Apana 12 to A Keohok:dole, 2 57° 25' 2,400 00 fee[ along R P 7456, L C A~+ 8559-B, 4pana 11 to W~lham C Lunalilo, 3 56` 25' 104 00 feet along R P 7456, L C Aw 8559-B, Apana 11 to W~lham C Lunahlo, 4 191 ° 46' 93 44 feet along the easterly side of Henr • Street, 5 237° 25' 370 00 feet along Lot 2-A (Electncal Subsiatton Srte), along the remainder of R P 6851, L C .4w 8452. Apana 12 to A Keohokalole, 6 147° 25' 2~2 93 fee[ along Lot 2-A (Electncal Subslanon 5tte), along the remainder of R P 6851, L C .4w 8452, Apana 12 to A Keohokalole, 7 54° 0T 36 06 feet along Lot 2-A (Electncal Substation Site), along the remainder ofR P 6351, L C 4w• 8452, Apana 12 to A Keohokalole, 8 144° 07' 20 00 feet along the southeasterly side of Palam Road. 9 234° 07' ],102 85 feet along the southeasterly side of Palam Road, 10 Thence along the southeasterly side of Palan[ Road, on a curve to the left with a radius of 1,452 70 feet, the chord anmuth and distance be[ng Z 10° 42' 30" 1,154 26 feet, 1 1 187° 18' 81 57 feet along the easterly s[de of Palani Road to [he point of beginning and contamu[g an area of 23 339 acres, more or less All as shown on the map attached hereto, marked Exh~brt "A" and by refi;rence made a part hereof SECTION 2 Thts change m distnct class[ficanon [s condmoned upon the following A The applicant, rts successors or assigns shall be responsible for complying with all of the stated condmons of approval B The applicant shall participate, on a fa[r share bans, in the funding and constriction of adequate water source, storage, and transmission facihne~ and improvements to accommodate [he proposed project as determined by th.; County of Hawau Department of Water Supply Compliance with Condition B ~ hall be satisfied prior to the applicant's submittal of the regwred water commitment pa}mient m Condition C C The regwred water commitment payment shall be submitted to the Department of Water Supply m accordance with its "Water Commitment Guidelines Po4cy " D Final Subdrvision Approval for the residential-commercial mixed use suhdmsion development shall be secured prior to Final Plan Approval E The applicant shall participate, on a fair share basis, m the funding and construction of local and regional transportation improvements and progi ams, including dedication ofrights-of--way as detennmed by the State Department of Transportation and the County Department of Public Works prior to the issuance of Final Subdivision Approval F The applicant shall provide all roadway improvements regwred by the State Department of Transportation and the County Department of Public Works prior to the issuance of Final Subdivision Approval G Future road widening setbacks shall be provided fronting the entire propi:rty along Palam Road equal to halfthe difference between the existing right-of--way and the proposed 80-foot right-of--way The setback line shall be delineated on the subdivision plans Improvements within the future road widening setback area, if required, shall meet with the approval of the Department of Public Work, and said area including any regwred improvements shall be dedicated to the i;ounty of Hawan upon its request at no cost to the County -3- H Access(es) and intersection road~a•ay improvements to the sub3ect property from Palam Road shall be constructed meeting with the requirements and approval of the Department of Public Works I Provide alert-tum lane on westbound Palam Road at all three proposed project entrances wrath a left-turn refuge lane for the commercial dnveway and fer one of the residential dm•ew•ays exmng the project J Provide a nght-tur•itidecelerahon lane along Palani Road at all three proposed pro3ect entrances and a nght-turn lane on eastbound approach of Palani Road at its mtersectwn with Henrv Street K All roadways wtthm the proposed residential-commercial mixed use development shall be constructed meehng with the regwrements of Chapter 23, Subdi~ iston Code Roadway tmprovements to be dedicated to the County wnthm the proposed subdrviston shall include curb, gutter and sidewalks L Install street lights, signs and markings meeting with the approval of the Department of Public Works, Traffic Division M The applicant shall fund, on a fair share basis, the design and construction of drainage improvements required as a result of the development and meehng wrath the approval of the County Department of Public Works A drainage study of the sub3ect property, if required, shall be prepared for review and approval b ~ the Department of Public Vb'orks, prior to submittal of plans for subdivision i evtew Drainage improvements, tf required, shall be constructed or bonded meeting with the approval of the Department of Public Works pnor to the issuance of final Subdivision Approval -4- N The applicant shall submit a Solid Waste Management Plan for the development to the Department of Public Works for its review aimd approval A copy ~mf the approved Plan shall be submitted to the Planning Department prior to tht issuance of Final Plan Approval O The applicant shall submit an Archaeological Data Recovery Plan for the five significant historic sites on the subject property to the State Department i~f Land and Na[ural Resources-State Historic Preservation Division (DLNR-SHPD) for its review and approval The applicant shall submit a copy of the approved Final Archaeological Data Recovery Plan, as well as written verification from DLNR- SHPD that the plan has been successfully executed, to the Planning Dire~.tor for the Department's files prior to subnutting plans for Final Subdivision Approval andibr prior to any approval for any land alteration pennrts P Should any previously unidentified burials, archaeological or historic sites such as artifacts, marine shell concentrations, charcoal deposits, or stone platforms, pavings or walls be found, the applicant shall stop work in the immediate vicinity and the Department of Land and Natural Resources-State Historic Preservatioim Div•ismon (DLNR-SHPD) shall be immediately notified Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that mitigative measures have been implemented to its satisfaction Q To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, [he applicant shall comply wrih the requirements of Chapter 11, Article 1, Hawau County Code relating to Affordable Housing Policy 7 his regwrement shall be approved by the County Housing Agency prior to Final Subdivision Approval or the issuance of building petmrts, whichever is applicable R The applicant shall contribute to the development, funding and~'or constntction of school factltttes, on a fatr share bans, as detetmtned by and to the sattsfa~.tton of the Department of Education (DOE) A fully executed written agreement setting forth the contnbutton and ttmtng of contnbuttons shall be agreed upon b~• the appltcant and the DOE prior to Final Subdttston Approval or the tssuan~,e of butldmg petnnts, whtchever is applicable S Provided that the land uses proposed generate the need for such factltttes the applicant shall participate m the funding and construction of adequate wastewater transmission and dtsposal factltttes, on a fair shaze basis, as detenntned by the County of Hawatt Department of Public Works and [he State Department of Health prior to Final Subdivision Approval or the tssuance of btnldmg pe rnuts, whtchever is applicable T The appltcant shall, on a fair share basis, fund and construct adequate cn tl defense measures as detenntned by the County and State Ctvtl Defense agencies poor to Final Subdrvtston Approval or the tssuance of building permits, whtchever is applicable U The appltcant shall make its fair share contnbutton to mitigate the potential impacts of the subject property w•tth respect to parks and recreation, fire, police, solid waste dtsposal factltttes, and roads The amount of the fair share contnbutton shall be the sum which is the product of mulhplytng the number of residential units proposed to be developed by the amounts allocated here~nbelow for each such unit, and shall become due and payable prior to final subdt aston approval or final plan approval, as applicable, for any portion of the sub~~:ct property or its increments If the subject property is developed m two or more increments, the amount of the fair share contnbutton due and payable prior to final subdivision approval or final plan approval of each increment shall be a sum -6- calculated to the same manner according to the number of proposed residential units m each increment The fair share contribution may be m a form of cash, land, facilities or any combination thereof acceptable to the Planning Director m consultation with the affected agencies However, the total amount shall be increased or reduced m propomon with the actual number of units according to the calculation and payment provisions set forth m this Condition U Thy; fair share contnbutton shall be adjusted annually beginning three years after the effective date of this change of zone ordinance, based on the percentage c hange m the Honolulu Consumer Price Index (HOPI) In lieu of paying the fair share contnbutton, the applicant may construct and contribute improvements!f.icihties related to pazks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject Gi the approval of the Planning Director m consultation with the appropriate agencies V Should the Council adopt a Unified Impact Fees Ordinance setting forth ~:ntena for the imposition of exactions or the assessments of impact fees, condtti~ms included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance W In lieu of actual construction of infrastructure improvements as conditioned above, the applicant may enter into an agreement with the Planning Direr for and the Department of Public Works and the Department of Water Supply, d applicable, to assure the County that the infrastructure Improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Plaimmg Director and the Corporation Counsel Upon execution of such agreement and/or filing of the security with the County, if applic tble, Final Subdivision Approval for the subject property or portions thereof niay be granted prior to the actual construction of regwred infrastructure improvements unless otherwise restricted herein -7- X The applicant shall notify all prospective buyers of the property of the potential odor, noise and dust pollution associated with surrounding Agricultural District lands Y Applicant shall notify all prospective buyers of the property that the Hawaii Right-to-Farm Act, Chapter 16~, Hawau Revised Statutes, hmrt the circumstances under which pre-existing faun acuvihes may be deemed a nuisance Z Comply with all apphcable laws, rules, regulations and requirements of other affected agencies for approval of the proposed development within the subject property AA An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the ordinance The report shall include, but not be hmrted to, the status of the development and to what extent the conditions of approval are being compbed with This condmon shall remain m effect until all of the condmons of approval have been compbed with and the Planning Director acknowledges that fiirther reports are not required BB An initial extension of time for the performance of condmons within the ordinance may be granted by the Planning Director upon the following circumstances 1 The non-perforniance is the result of conditions that could not ha.•e been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence -8- 2 Granting of the nine extension would not be contrary to the General Plan or Zoning Code 3 Granting of the time extension ~a•ould not be contrary to the onguial 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 perforniance (t e , a condition to be performed within one year may be extended for up [o one add~honal year) 5 [f the applicant should regwre an add~t~onal extenswn of time, the Planning Dvector shall submit the applicant's request to the County Council for appropriate actwn CC Should any of the condrt~ons not be met or subs[anhally complied with ui a timely fashion, the Director may ~muate rezoning of the subject area to its onguial or more appropriate designation SECTION 3 In the event that any portion of this ordinance is declared invalid, ,uch mvahdny shall not affect the other parts of this ordinance -9- SECTION 4 This ordinance shall take effect upon its approval INTRODUCED BY COUNCIL MEMBER, COLNTY OF HA~'~'AI] Hilo, Hawau Date of Introduction Date of 1st Reading Date of 2nd Reading Effective Date REFERENCE. Corm q71 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED -10- Imea K _338431 E ~ „a KVLW' ((NOKIX 4EAID4W) A ~ A 5a `rof. F .y ~P~ AGRICULTURAL (A-Sa) gb, y TO RESIDENTIAL- COMMERCIAL MIXED (RCX-2a) AREA 23.33Y ACRES / i i 5a / CL - SCI / / ~ ~ A ^a f~ ~ i i ?>F 4. i i i ~ / ~ / / ~ < / / ~ i / / ' / ~i or0 A 5a / ~ i / i ~ ~ i ~ < / ~ / / sr , pP i / \ / a ~1~ QUEEN KMHU4ANU HIGHWAY *e rs~w.m no / / i 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, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL-COMMERCIAL MIXED (RCX-2a) AT KEAHUOLU, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK --4-8 °c't crs of SEPTE ABER c5 2000 EXHIBIT °A~• io~e-. ~~i ~okaia~~ r.,,zc