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HomeMy WebLinkAboutBIL 348 Draft 03 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 348 (Draft 3) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE i`tAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HA~4-AII COGNTY CODE, BY CHANGING THE DISTRICT CL.4SSIFICATIOV FR0~4 AGRICULTLRAL (A-Sa) TO RESIDENTIAL-COMMERCIAL MIXED USE (RCX-2) AT KEAHCOLU. NORTH KON<~, HA~b'AII, COVERED BY T.4X MAP KEY 7-4-8 PORTION OF I BE 1T ORDAINED BY THE COtiNCIL OF THE COUNTY OF HAWAII SECTION 1 Section 25-8-3, Article 8. Chapter 25 (Zoning Code) of the Hawan County Code, is amended to change the distract classtticauon of property descnbed hereinafter as follows The distract classiticahon of the following area situated at Keahuolu, North Kona, Hawau, shall be Residential-Commercial Mixed Use (RCX-2) Beginning at the north corner of this parcel of land. on the easterly side of Palam Road the coordinates of said pom[ of beginning reYerred to Government Survey Tnaneulauon Station "KAILUA (North Mendian)" bung 4,377 84 feet North and 3,584 34 feet East. thence running by azimuths measured clod.wise from True South I ~ 32° 00' 9R3 8 ~ feet along the remainder of R P (85I, L C Aw 8452. Apana 12 to A Keohol.alole. 2 57° 2,400 00 feet alone R P 7456. L C Aw• 8>59-B. 4pana 11 to ~i'illiam C Lunahlo 56' 2S 104 00 feet along R P 7456. L C Aw 8559-B. Apana ] 1 to ~i'illiam C Lunaltlo. 4 191' 46' 93 44 teet alone the easterly side of Henn Street, 237° 2S 370 00 feet along Lot 2-A (Electncal Substauon Site), along the remainder of R P 6851. L C ,4w 8452, Apana 12 to A Keohokalole. 6 147° ZS 352 93 feet along Lot 2-A (Electncal Substation Sne), along the remainder of R P 6851, L C Aw 8452. Apana 12 to A Keohokalole, 7 54° 0T 36 06 feet along Lot 2-A (Electncal Substauon Srte), along the remainder of R P 6851. L C Ata 8453. Apana 12 to A Keohokalole, 8 144° 0T 20 00 feet along the southeasterly side of Palam Road, 9 234° 0T 1.102 85 feet alone the southeasterly side of Palam Road. ] 0 Thence alone the southeasterly side of Palant Road, on a cun•e to the left ya•tth a radius of 1,452 70 feet, the chord azimuth and distance being 210= 43' 30" 1,1i426feet. 11 187° 18' 81 57 feet along the easterly side of Palam Road to the point of begmmng and containing an area of 23 339 acres, more or less All as shown on the map attached hereto, marked E~h~bit "A" and by reference made a part hereof SECTION 2 This change in d~stnct claserticauon ~s condwoned upon the following The applicant. ns successors or assigns shall be responsible for comphmg w•nh all of the stated conditions of approval B The apphc ant shall part~c~pate. on a fair share bans, m the funding and construction of adequate water source, storage, and transm~ss~on fac~lnies and unproyements to accommodate the proposed pro~ec[ as determined by [he Cowity of Hayyau Department of ~Va[er Supply Compliance ya'tth C'ondrtwn B shall be sattstied pnor to the applicant's submittal of the regwred water commitment payment m Condition C C The regwred water commtment payment shall be subnt~tted to the Department of Water Supply m accordance wtth its "~4'ater Commitment Gwdelmes Policy " D Final Subdivision Approval for the res~denual-wmmerc~al mt~ed use subdrv~sion development shall be secured within ten (lU) years from the effective date of this ordinance E The applicant shall participate. on a fair share basis. m the funding and construction of local and regional transportation improvements and programs. including dedsanon of nghts-ot=way as determined by the State Department oY Transportation and the County Department of Public «'orks pnor to the issuance of Final Subdn ision 4pproval F Based on a Traffic Impact Analysis Report (T1.4R) [prepared] conducted within one (I) year [pnor to] of Final Subdivision Approval[ The] ~ applicant shall provide all roadway unprovements regwred by the State Department of Transportation and the County Department of Public Works pnor to the issuance of [Final Subdivision 4pproval ]certificate ofoccunancv G Future road widening setbacks shall he provided fronting the enure property along Palam Road equal to half the difference behveen the existing nght-of-«ay and the proposed 8U-foot nght-of-way The setback line shall be delineated on the subdivision plans Improvements within the future road widening setback area shall meet with the approval of the Department of Public orks, and said area including an< regwred unpiovements shall be dedicated to the County of Hawau upon its request at no cos[ to the County - H Access(es) and ut[ersection roadway unpmvements to the subJect property Yrom Palam Road shall be constructed meeting wrth the regmrements and approval of the Department of Public Yorks 1 Provide a left-turn lane on westbound Palam Road at all three proposed protect entrances with cleft-turn retuge lane for the commercial dnveway and for one of [he residential dnvew•ays e~rtmg the protect J Provide a nght-turm'deceleration lane along Palam Road at all three proposed protect entr.~tnces and a nght-turn lane on eastbound approach of Palam Road at its intersection wnh Henrv Street K All roadways within the proposed residential-commercial moved use development shall be constructed meeting wr[h the requirements of Chapter 23, Subdrvis~on Code Roadway improvements to be dedicated to the County wrthm the proposed subdtvis~on shall include curb, euttei and sidewalks L Install street I~ghts. signs and markings meeting with the approval of the Department of Public Works, Traftic Drvtsion M The applicant shall fund. on a fair share basis. thz design and construction of drainage improvements required as a result of the development and meetine wath the approval of the County Department of Public Yorks A drainage study of the subJect property, if regwred. shall he prepared for review and approval by' die Depa~tinent of Public Works, prwr to submittal of plans for subdivision review Drainage unprovements. if required, shall be c,onstruc[ed or bonded meeting with the approval of the Department of Public Works pnor to the issuance of Final Subdivision Approval N The appitcant shall submit a Solid ~b'aste Management Plan for the development to the Department of Public Worts for its review and approval A copy of the approved Plan shall be submitted to the Planning Department pnor to the tssuance of Final Plan Approval O The applicant shall submit an Archaeological Data Recovery Plan for the five significant htstonc sites on the subject property to the Stale Department of Land and Nantral Resources-State Htstonc Preservation Dntston (DLNR-SHPD) for its tevtew and approval The applicant shall submit a copy of the approved Final Archaeoloetcal Data Recoverv Plan, as well as wntten ventication trom DLNR- SHPD that the plan has been successfully executed, to the Planning Director for the Department's tiles pnor [o submitting plans for Final Subdrvtswn Approval and~or pnor [o any approval for am land alteration pennns P Should any prevtoush unidentified burials, archaeological or htstonc sites such as artifacts, manne shell concentrations, charcoal deposits, or stone platforms, pavmgs or walls he found, [he applicant shall stop wort. to the immediate vtcmtty and the Department of Land and Natural Resources-State Htstonc Preservation Division (DLNR-SHPD) shall be immediately notified Subsequent wort. shall proceed upon an archaeoloetcal clearance from the DLNR-SHPD when rt finds that mmgauve measures have been unplemented to its satisfaction Q To ensure that the Goals and Policies of the Housng Element of the General Plan are tmplemented. the appitcant shall comply with the requirements of Chapter 1 I, Article I, Hawau County Code relating to Affordable Houstng Poltc} Thts reywrement shall be approved by the County Houstng Agency pnor [o Final Subdivision Approval or the tssuance of bmldmg permits, whichever is applicable R The applicant shall contribute w the development. funding and'or construction of school tacilrttes. on a fact share basis. as determined by and to the sansfacuon of the Department of Education (DOE) .A tulle esecuted wntten agreement setting torch the contnbuuon and timing of contnbuhons shall be agreed upon by the applicant and the DOE pnor to Final Subdrvis~on approval or the issuance tit bwldmg pennrts, whtchecer is applicable S The applicant shall participate m the funding and construction of adequate wastewater transmission and disposal tac~lmes, on a fair share basis as determined by the County of Hawan Department of Public tiVorks and the State Department of Health pnor to Final Subdivision approval or the issuance of bwldmg permus, whichever is applicable f The appltcant shall. on a twr share hasis, fund and construct adequate cavil detense measures as determined b~ the County and S[a[e Civil Defense agencies pnor to Fatal Subdivision Approval or [he issuance of bwldmg pernuts, w•hichecer is applicable U The applicant shall make rts fact share contnbuuon to mmgate potential regional impacts of the subject project wnh respect to roads, parks and recreation, fire. police and solid waste disposal facthties The amount of the fact share contnbuuon shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated herembelow for each such lot, and shall become due and payable pnor to tmal subdivts~on approval for any portion of the subject property or ns increments [f the subject property is subdivided m two or more increments, the amount of the tart share contnbuuon due and payable pnor to final subdivision approval of each increment shall be a sum calculated m the same manner according to the number -G- of proposed residential lots m each such increment The fair share contnbuuon, in a form of cash, land, facilities or any combination thereof, acceptable to the director m consultation w•rth the affected agencies, shall be determined by the County Council The fair share contnbunon shall have a maximum combined value of S7,876 20 per single-family restdennal unit Based upon the applicant's representation of intent to develop up to two hundred fifty (250) restdennal units. the indicated total of fair share contnbunon is $1,969,050 for single-famih• residential units However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth m this Condmon U The fair share contnbuuon shall he allocated as tollows 1 $3.798 04 per single-tamily residential unit for an indicated total of $949,510.00 to the County to support park and recreational improvements and facilities. 2 5183 22 per single-family residential unit for an indicated total of $45,805.00 to the County to support police facilities, 3 $361 88 per single-family restdential unit for an indicated total of $90,470.00 to the County to support fire facdiues, 4 S158 43 per single-family residential unit for an indicated total of $39,607.50 to the County ro support solid waste facihnes, and 5 S3,374 63 per single-tamtly restdential um[ for an mdtcated total of $843,657.50 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 (HOPI) In lieu of paying the fair share contnbunon, the applicant may construct and contribute improvements%facihnes related to parks and recreation, fire, police, solid waste -7- disposal factlmes, and roads within the region impacted by the proposed development, subJect to the approval of the dtrector The cost of providing and constructing the tmprovements required m Conditions E, F, G, H, I. J, K and L shall be credited against the sum specified m Condrtton U (5) for road and traffic tmprovements For purposes of administering Condrtton U, the fair market value of land contributed or the cost of any tmprovements reginred or made m Iteu of the fair share contnbunon shall be subJect to review and approval of the dtrector, upon consultation with the appropriate agencies Upon approval of the fair share contributions or m lieu contnbuuons by the dtrector, the dtrector shall submit a final report to the Council for its information that identifies the speahc approved fair share and/or m Iteu contributtons, as allocated, and further implementation requirements C Should the Counctl adopt a Unified Impact Fees Ordinance setting forth criteria for the unposnton of exactions or the assessments of impact tees, condmons included herein shall be credited towards [he reyutremen[s of the Umtied Impact Fees Ordinance V In Iteu of actual construction of tntiastructure unprovements as conditioned above. the applicant may enter inui an agreement w•rth the Plannme Dtrector and the Department of Public orks and the Department of Vb'ater Supply. tf applicable, ro assure the Count} that the infrastructure tmprovements will be constructed together with the appropriate bond. surety or other security deemed acceptable to the Planning Dtrector and the Corporatwn Counsel Upon execution of such agreement and or tiling of the security w•rth the County, if applicable, Final Subdn•tswn Approval for the sublet[ ptopert~ or pomons thereof may he granted prior [o the actual construction of reymred infrastructure tmprovements -H- unless otherwise ~estitc[ed herein ;y certificate of occupancy shall not be issued until the infrastructure mtpmvements have been constructed ~k' The applicant shall notify all prospective buyers of the property of the potential odor, noise and dust pollution associated with surrounding 4gncultural Distract lands X 4pphcant shall nouh• all prospective buyers of the property that the Hawvau Right-to-Farm Act. Chapter 16>, Hawvati Revised Statutes, hmrt the circumstances under wvhich pre-existing farm activities may be deemed a nuisance Y Comply with all applicable laws rules, regulations and requirements of other affected agencies for approval of the proposed development within the subject property Z ,4n annual progress report shall be submitted to the Planning Director pnor to the anniversarn date of the approval of the ordinance The report shall include, but not be limned to. the status of the development and [o what extent the conditions of approval are being complied wwrth This condmon shall remain m effect until all of the conditions of approval hate been complied worth and the Planning Director acknowledges that further reports are not regwred 44 4n uuual extension of time for [he performance of condmons wrthm the ordinance may be granted by the Plamm~~ Director upon the following circumstances I The non-pertormance is the result of condmons that could not hate been foreseen or are beyond the control of the applicant, its successors or assiens. and that are not the result of their fault or negligence 2 Granting of the trine extension would not be contran• 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 Ame extenswn granted shall be for a penod not to exceed [he penod uneinally granted for performance (r e , a condition to be performed within one year may be extended for up to one addttwnal year) ~ If [he applicant should regwre an addmonal extension of tune. [he Planning Duector shall submit the applicant's request to the County Council for appropriate action BB Should any of [he conditions not be met or substantially complied ~a'rth m a timely fashion, the Drrector may inmate rezoning of the subject area to its original or more appropriate designation SECTIOK 3 In the event that any portion of this ordinance rs declared imalyd, such invalidity shall not affect the other pans of this ordinance - l l)- SECTION 4 T ha ordinance shall tale ettect upon ns approval INTRODUCED BY ~ ~ CO CIL ME94BER. COtR~ITY OF HA~b'AII Halo. Ha~4au Date of Introduction Date of 1st Reading Date of 2nd Reading Effective Dale REFERENCE: Comm. 44.1 APPROVED AS TO FORM AND LEGALITY CORPOR.ATiON COUNSEL DATED -II- asn ea N ~ sea x e F ..d 'YNLW' NOHIH ~~~~NS . ' a P G^ ~p AGRICULTURAL (A-Sa) / y COMMERCIAL SMI%EDI (RC%-2a) ~ AREA• ZS 3SY ACRES ; / i i i o a / Su - %O A_~a ~ ~i j' A - 5a ~ O''EN j i i / • / / _ / / ~ / / / ~ i Or0 n- 9 a ~ ~ ~ ~ ~ i / ~ Z ~ C ? %C' ~ i / Aj _ ~ ~ 9<'EV F ~ i ?O n ~ , ~ ~ i rJ ~ ~ ~Cri ?O ~ ~ i ~ i i ~ _ A - is Ps \ f,( F% i w ~ ~ ~ LG ~ u"- - ~ A 5 a A 'a QUEEN KMHUMANU HIGHWAY Te rde~.e» ~ / / % ,1_ 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 -6AK '-4-k --^icn~ cr 1 SEPTE.ABEP c5 2000 EXHIBIT ..A» ~~~ee, L~~~~e.a;a,~ r~~:., l~S!