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HomeMy WebLinkAboutBIL 348 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 348 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (FORTH KONA ZONE (\4AP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COU'.~]TY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL-COMMERCIAL'~9IXED USE (RCX-2) AT KEAHUOLU, NORTH KONA, HAW'All. COVERED BY TAX'.vfAP KEY 7-4-8 PORTION OF 1 BE IT ORDAINED BY THE COLRJCIL OF THE COUNTY OF HAV.'A]] SECTION I Section 25-8-3. Article 8, Chapter 2> (Zoning Code) of the Hawau County Code, is amended to change the distract classtticanon of property descnbed hereinafter as follows The distract classification of the following area situated at Keahuolu, North Kona, Hawau. shall be Residential-Commercial Mixed Use (RCX-2) Beginning at the north comer of this parcel of land, on the easterly side of Palant Road, the coordinates of said point of beginning referred to Goxernment Surrey Tnangulauon Station "KAILUA (~lorth Mendtan)" being 4.377 84 feet North and 3.584 34 feet East. [hence running by azimuths measured clod.wise fmm True South I 332° 00' 983 83 feet along the remainder of R P 6851. L C Aw• 8452, Apana 12 to A Keohol.alole. i7° 25' 2.400 00 feet along R P 7456. L C Aw 8559-B. Apana 11 to ~k'tlliam C Lunalilo. 3 5ti° 25' 104 00 feet along R P 7456, L C Aw 8559-B, Apana 11 to Wtlltam C Lunalilo. 4 191 ° 46' 93 44 feet alone the easierly side of Henrv Street. 237° 25' 370 00 feet alone Lot 2-A (Electrical Substation Site), along the remainder of R P 6851, L C wv 8452. Apana 12 to A Keohokalole, 6 147° 25' 252 93 feet along Lot 2-A (Electrical Substation Site). along the remainder of R P 6851. L C Aw 8452, Apana 12 to A Keohol.alole, 7 54° 0T 36 06 feet along Lot 2-A (Electrical Substation Site), along the remainder of R P 6851, L C Aw• 8452. Apana 12 to A Keohol.alole. 8 144° 0T 20 00 feet alone the southeasterly side of Palani Road. 9 234° 0T 1,102 8> feet along the southeasterly side of Palam Road, 10 Thence along the southeasterk stile of Palam Road, on a curve to the left with a radius of 1.452 70 tee[. [he chord azimuth and distance beine 210° 42' 30" 1.15-} 26 feet, I 1 187' 18' 81 57 feet along the easterly side o1 Palam Road to the point of begummg and containing an area of 23 339 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 m district classification is condmoned upon [he following A The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval B The applicant shall participare. on a fair sh.ve bans, m the funding and construction of adeyuate water source storage. and transmission facilmes and unprovements to accommodate the proposed project as determined by the County of Hawau Department of ~~'arer Supply Compliance with Condition B shall be saustied pnor to the applicant's submittal of [he required water commument payment m Condmon C C The required water conunrtment payment shall be submitted to the Department of ~'~%ater Supply m accordance wrth rts "1~'ater Commitment Guidelines Policy " D Final Subdnision Approval for the residential-commercial mixed use subdivision development shall be sewrcd [pnor ro Futal Plan Approval ] wrthm ten (10) years tram the effectne date of [his ordm<uxe F The applicant shall participate. on a fair share basis, m the funding and construction of local and regional transportation improvements and programs, uuludmg dedication of ngh[s-ot=way as determined br the State Department of Transportation and the County Department of Public Works prior to the issuance of Final Subdn'istan Appmval F Based nn a Traftic Impact .Analysis Report (TIARprepared w'ithm one (1) year pnor to Final Subdivision Approval The applicant shall provide all roadway unprovements required by the State Department of Transportation and the County Department of Public orks pnor to the issuance of Final Subdivision Approval G Future road widening setback shall be provided fronting the enure property along Palani Road equal to half the difference behveen the existing right-ot=way and the proposed 80-too[ nght-of-way The setback line shall be delineated on [he subdivision plans lmproyements wrthm the future road widening setback area[. if required.] shall meet with the approval of the Department of Public Works. and said area including any regwred intproyements shall be dedicated [o [he County' of Hawau upon its request a[ no cost to the County - H Access(es) and uttersecuon toadvtiav unprocements to the sublect property from Palant Road shall he constructed meeting wrth the requtrements and approval of the Department of Public Worhs I Provide a left-turn lane on westbowtd Palam Road at all three proposed protect entrances with a lett-tum refuge lane for the commerctal dnveway and for one of the restdenhal dnveways exrtmg the protect J Provide a nght-turrJdecelerahon lane along Palam Road at all three proposed protect enhances and a nght-turn lane on eastbound approach of Palant Road at rts mtersechon wdh Henn Street K All roadwacs wrthtn the proposed residential-commerctal mixed use development shall be constructed meeting wrth the requtrements of Chapter 23. Subdn tston Code Road~~ag tmprovements to be dedicated to the County wrthm the proposed subdivision shall include curb gutter and sidewalks L Install street lights signs and markings meeting wrth the approval of the Department of Publtc ~4brks. Trattic Dtctston ~t The applicant shall fund. on a fair share basis, the design and construction of drainage tmprovements requtred as a result of the development and meeting ~a•tth [he approval of the County Department of Publtc Forks A drainage studs of the sublect property, tf requtred, shall he prepared for review and approval by the Department of Public 61'orks. prwr [o subnuttal of plans for subdivision review Drainage tmprovements, tt requtred, shall be constructed or bonded meeting wrth the approval of the Department of Public Works pnor to the issuance of Final Subdrvtston .Approval -q- N The applicant shall submit a Sold «'aste Management Plan for the development to the Department of Public ~'r'orks for its review and approval .A copy of the approved Plan shall be submitted to the Planning Deparunent pnor to the issuance of Final Plan Approval U The applicant shall submit an Archaeological Data Recovery Plan for the five significant hisronc sites on the subject propem to the State Department of Land and Natural Resowces-State Historic Preservation Division (DWR-SHPD) for its review and approval The apphcan[ shall subnu[ a copy of the approved Final Archaeoloeical Data Rea~cen Plan, as well as written centication fmm DLNR- SHPD that the plan has been successfully etecuted, to the Planning Director for [he Department's files pnor to subnuttmg plans for Final Subdrv~s~on Approval and or pnor to any approval for .tire land alteration pennrts P Should any previously unidentified burials, archaeological or historic sites such as artifacts, marine shell concentrations, charcoal deposes, or stone platforms. pacmgs o~ walls be found, the applicant shall stop work m the unmediate vtcmrty and the Department of Land and Natural Resources-State H~stonc Preservation Drvtston (DLNR-SHPD) shall be immedtateh• notified Subsequent wor6 shall proceed upon an archaeological clearance trom the DLNR-SHPD when n finds that mrt~gative measures have been implemented to its sausfacnon Q To ensure that the Goals and Pohues of the Housing Element of the General Plan are implemented, the apphcan[ shall compk with the reymrements of Chapter 11. Article 1, Hawau County Code ielaung to Affordable Housing Policy This regwrement shall be approved by the Counh Housing Agency pnor to Final Subdwtswn App~ocal or the issuance of building permits, ~+h~chever is applicable R The applicant shall contribute to the development, funding and'or construction of school tacilrties, on a fair share basis, as detemtined by and ro the satisfaction of the Department of Education (DOE) A Y'ulh etecuted written agreement setting forth the contribution and timing of contributions shall be agreed upon by the applicant and the DOE prior to Final Subdivision approval or the issuance of bwldmg permits, whichever is applicable S [Pro. tiled that the land uses piposed generate the need for such Yacilnies, the] The applicant shall participate m the funding and construction of adequate ~+astewatei transmission and disposal tactlrties. on a fair share basis. as determined by the County of Hawau Department of Public «'orks and the State Department oT Health prior to Final Subdivision Approval or [he issuance of bwldmg permtts, whichever is appltcable T The applicant shall. on a tair share basis. turd and construct adequate civil defense measures as determined b} the County and State Crnl Detense agencies prior to Final Subdivision Approval or the tssuance of bwldmg permtts, whichever is appltcable L' [The applicant shall make its tau share contribution to nuugate the potential impacts of the subject property wrth respect [o parks and recreation. tire, police, solid waste disposal facilities, and toads The amount of the fair share contribution shall he [he sum ~+hich is the product of multiplying the number of residential units proposed to be developed by the amounts allocated herembelow for each such umt, and shall become due and payable prior to Ynal subdivision approval or final plan approval. as applicable. tot any portion of the subject property or rts increments If the subject pmperty is developed to two of more uuiements, the amount of the tatr share contribution due and payable prior to trial subdniswn approval or trial plan approval of each increment shall be a sum -6- calculated m 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 to consultation with the affected agencies However, the total amount shall be increased or reduced m proportion w•rth the actual number of units according to the calculation and payment provisions set forth m this Condmon The fair share contribution shall be adjusted atmually beginning three years at[er the efteetice date of this change of zone ordinance. based on the percentage change in the Honolulu Consumer Price hides (HOPI) In lieu of paying the fair share contnbunon. the applicant may construct and contribute nnprovements'facihties related to parks and recreation, tire, police. solid waste disposal facilities. and roads within the region unpacted by the proposed development, subject to the approval of the Plamung Director to consultation with the appropriate agenaes ] The applicant shall make its fair share contnbunon to mmgate potential re i*' opal impacts of the subject project w•i[h respect to roads. Qarks and recreation, fire, police and solid waste disposal facilities The amount of the fair share contribution shall be the sum which is the product of multi~lyine the number of restdenual lots proposed to be subdivided by the amounts allocated herembelow for each such lot, and shall become due and payable prior to final subdivision aooroval for anv portion of the subject property or its increments [f the subject property is subdivided m nvo of more increments, the amount of the fair share contnbunon due and payable prior to tinal subdrvtston aooroval of each increment shall be a sum calculated in [he same manner according to the number of proposed restdenual lots m each such increment The fair share contnbunon, in a form of cash, land, facilities or anv combination thereof, acceptable to the director m consultation with the affected aeenaes, shall be determined by the County Council The fair share contnbunon shall have a maximum combined value of S7.876 20 per single-family residential 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 contnbutton is $1 969 050 for single-family restdennal units However. the total amount shall be increased or reduced to proportion with the actual number of units according to [he calculation and payment provisions set forth m [his Condition U The fair share contnbutton shall be allocated as follows 1 $3,798 04 per stngle-family restdennal unit for an indicated total of $949.510.00 to the County to support park and recreational improvements and facilities. 2 $183 22 per stngle-famtly restdennal unit for an tndtcated total of $45.805.00 to the County [o support police fatti[[[es. 3 $361 88 per stngle-famtly restdennal unit for an tndtcated total of $90,470.00 to the County to support fire facdmes. 4 518 43 per single-family restdennal unit for an indicated total of $39.607.50 to the County to support solid waste faahues. and 5 $3.374 63 per stngle-family restdennal unit for an tndtcated total of $843.657.50 to the State or County to support road and traffic tmprovements The fair share contributions described above shall be adjusted annually beginning three nears after the effective date of the change of zone, based on the percents eg change to the Honolulu Consumer Price Index (HCPI) [n Iteu of paving the fair share contnbutton, the applicant may construct and contribute imorovemen[s/facdmes related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the re ion impacted by the proposed development, subject to the approval of the director The cost of providing and c,onstructm the unprovements reywred m Condmons E. F. G. H. I. J. K and L shall be credited against the sum tipeafied m Condition U (51 for road and traffic tmprovements For purposes of administering Condition U. the fair market value of land contributed or the cost of any tmprovements required or -8- made in lieu of the fair share contribution shall be subject to review and approval of the director, uaon consultation with the appropriate aeencies Upon approval of the fair share contributions or m lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the speuhc approved tair share andoi m lieu contributions, as allocated. and further mtplementanon requirements V Should the Council adopt a Unitied Impact Pies Ordinance setting torth criteria for the imposition of eeachons or die assessments of unpact tees, condmons included herein shall be credited towards the requirements of the Unitied Impact Fees Ordinance In lieu of actual construuwn of mhastructure unprovemen[s as conditioned above. the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply if applicable. to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety or other secunty deemed acceptable [u the Plannme Director and the Corporation Counsel Upon execution of such agreement and or tiling of the secunty with the County. if applicable. Final Subdn•ision Appmeal for the subject property or portions thereot may be granted prior [o [he actual constiucuon of reywred infrastructure impmwements unless otherwise restricted herein A certificate of occupancy shall not be issued until the infra,tnicture mprovements have been constructed X The applicant shall notify all pmspecticz buyers of the property of the potential odor. noise and dust pollution assouaced with surrounding Agricultural Dis[nct lands _y_ Y Apphcan[ shall noun all prospeune buyers of [he property that the Hawatt Rtgh[-to-Farm Ac[. Chapter 16~. Hawau Rey tsed Statutes. limit the circumstances under wluch pre-extsung farm acttvtues may be deemed a ninsance Z Comply wnh all applicable laws. rules. regulations and regwrements of other attected agenues fur approval of the proposed development ~+•ithm the subject property A4 An annual progress report shall be submitted to the Plaiuime Director pnor to the annn•ersary date of the approval of the ordinance The report shall include, but not be luntted to. the status of the development and to what extent the conditions tit approval are brine complied with This condition shall remain m effect until allot the conditions of approval have been complied with and the Planning Direuoi ackno~~ledees [hat further reports are nut regwred BB An initial extension of time fur the performance of condtuons ~crthut the ordinance may be granted by the Planning Dtrector upon the followme urcumstances I The nun-performance is the result of conditions that could nut have been foreseen tit are beyond the umtrol of the applicant, its successors or assigns. and that are not the result of their fault or negligence -10- 2 Granting of the ume extension would not be contrary to the General Plan ur Zoning Code 3 Granting of the ume extension would not be contrary to die ongtnal reasons for [he granting of the change of zone 4 The ume extension gratued shall be fot a period not to exceed the penod ongmally granted for pertonnance (i e . a condition to be performed within one dear may he extended for up [o one additional dear) 5 If the applicant should reywre an addtuonal extension of ume, the Plaiutmg Director shall subnut the applicant's request to the County Council for approprate action CC Should any of the conditions not he met or substanualh• complied with m a timely tashion, the Director may initiate rezoning of the subject area to its original or more approprate designation SECTION ~ In the event that any portion of this ordinance is declared invalid. such invalidity shall not atfec[ the other parts of this ordinance -Il- SEC TIOV 4 This ordinance shall tale ettect upon ns approval INTRODUCED BY COf1CIL MEMBER. COLTTY OF HA~~`AII Hilo, Hawaii Date of Introduction Date of lst Reading Dale of 2nd Readm~ EYfecttve Date RSfERE~iC~, Comm. 44 _ APPROVED AS TO FOR1v1 AND LEGALITY CORPORATION COLRJSEL DATED -I'- •3n es w .sea x E •wvuu• Homes ' a umrowf A A - >a ~s F` yo " AGRICULTURAL (A-Sa) y TO RESIDENTIAL- COMMERCIAL MIXED (RCX-2a) AREA: 23 330 ACRES i, \ i i' A-sa Cu - ~ / ~ / / ~ A ~a / / i /f / A 2a i / ~ / i / A ~ / ~ / / / / / / ~ / / ~ / / ~ / ror0 9 - 5 a p - 'A 7a ~ i / ~ ? ~ i ~ ~ ~ U i~ F' /,/G a~ / ~~P ~ ~ / \ i ~ / / QUEEN KAAHUMANU HIGHWAY T<~.~.k+ra Do i / . 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 7+,~~C ,-4-8 '=o-tors cf SEPTEMBER 25 2000 „ (Cuaen Lil~uok Glum iruslj EXHIBIT A"