HomeMy WebLinkAboutBIL 348 Draft 04 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 348
(Drafr 4)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COLT]TY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (.4-Sa) TO
RESIDENTIAL-COM~4ERCIAL ti11XED USE (RCX-2) AT KE4HUOLU, NORTH KONA,
HAWAII, COVERED BY TAX b1.AP KEY 7-4-8 PORTION OF 1
BE IT ORDAINED BY THE COLTICIL OF THE COUNTY OF HA~VA[I
SECTION 1 Section 25-8-3, Article 8. Chapter 35 (Zoning Code) of the Hawau County
Code, is amended to change the d~stnct class~ticauon of properly described heremafrer as
follows
The distract class~ficauon of the followma area situated at Keahuolu, North Kona.
Hawau, shall he Residential-Commercial Voted Use (RCX-2)
Beginning at the north corner of thts parcel of land, on the easterly stde of Palam Road,
the coordinates of said point of begimung referred to Government Survey Tnangulauon
Statwn "lC4[LL"A (Noah Mei~dtan)" being 4,377 84 feet North and 3,584 34 feet East,
thence runnmu by azmurths measured clockwise from True South
I 332° 00' 983 83 feet along the remainder of R P 6851, L C
Aw• 8.152, Apana L to 4 Keohokalole.
2 57° 25' 2.400 00 feet along R P 7456, L C Aw 8559-B.
Apana 11 to ~4'~Iham C Lunalilo
3 56' 35' 10.4 00 feet along R P 7456, L C .4w 8559-B.
Apana l 1 to ~~'ill~am C' Lunahlo.
4 I91 ° a6' 93 44 feet along the easterly side of Henry Street,
237° 25' 370 00 feet alone Lot 2-A (Electncal Substation
Srte), alone the remainder of R P 6851. L C
Aw 8452, Apana 12 to A Keohokalole,
6 147° 25' 252 93 feet along Lot 2-A (Electncal Substation
Sr[e), along the remarnder of R P 6851, L C
.Aw 8453, Apana 12 to ~ Keohokalole,
7 54° 0T 36 06 feet along Lot 2-A (Electncal Substatron
Srte), along the rematnder of R P 6851. L C
Aw 8452, Apana 12 to A Keohokalole,
8 144° 0T 20 00 feet along the southeasterly srde of Palanr
Road,
9 234° 0T 1,102 85 feet along [he southeasterly' srde of Palam
Road,
10 Thence alone [he southeasterly side of Palant Road, on a curve to the left with a
radius of 1,452 70 feet, the chord azunuth
and distance being
210° 42' 30" 1,154 26 feet.
1 1 187° l8' 81 57 feet along the easterly side of Palanr Road to
the point of beginning and containing an
aria of 23 339 acres, morn or less
.All as shown on the map attached hereto, marked Eahrbrt "A" and by reference
made a part hereof
SECTION 2 Thrs chanee m drstnct classrticaLon rs condrtroned upon the following
A The applicant. rts successors or asrgns shall be responsible for complying with all
of the stated condrtrons of approval
B The applicant shall participate, on a fair share oasts, m the funding and
construction of adequate ~~a[er source, storage. and transnussion facilities and
improvements to accommodate the proposed protect as determined by the County
oY Haw:ut Department of ~~'ater Suppl} Compliance with Crniditron B shall be
satisfied pnor to the applicant's submittal of the required water commttment
payment m Condrtron C
C The requtred water commitment payment shall be submitted to the Department of
VFater Supply m accordance with its "~i~'ater Commitment Gwdehnes Pohcp• "
D Final Subdrvt,wn Approval for the restdenual-commercial mixed use subdrvrston
development shall be secured within ten (10) years tiom the effective date of flies
ordinance
E The applicant shall participate, on a fair share basis, m the funding and
construction of local and regional transportation unprovemen[s and proerams,
rncludtng dedication of nghts-of-w•ay as determtnzd by the State Department of
Transportation and the County Department of Public V. orks pnor to the issuance
of Final subdtvtston Approval
F Based on a Traftic Impact Analysts Report (TZAR) conducted within one (1) yeaz
of Final subdtvtston Approval, the applicant shall provide all roadway
unprovements requtred by the State Department of Transportation and the County
Department of Public «'orks pnor to the tssuance of certificate of occupancy
G Future road widenme setbacks shall be provided fronting the enure property along
Palant Road equal to half the difference between the existing nght-of=way and the
proposed 80-foot nght-of-way the setback tine shall be delineated on the
subdtvtston plans Lnprocements wtthrn the future road widening setback area
shall meet with [he approval of the Department of Public ~4-orks, and said area
including any ieywred unprovements shall be dedicated to the County of [Iawan
upon its request at no cost to the County
H Access(es) and intersecUOn roadway unprocenren[s to [he subtect property Yiom
Palant Road shall be constructed meeting wtth the regwrements and approval of
the Department of Public ~~'orks
I Provide a left-turn lane nn ~+estbound Palam Road at all three proposed protect
entrances with cleft-turn refuee lane for the commerctal dnvewav and for one of
the residential dnvew•ays exttme the protect
J Provide a ngh[-tum•deceleratton lane along Palam Road at all three proposed
protect entrances and a ngh[-turn lane on eastbound approach of Palant Road at us
intersection with Henry Street
K All roadways within the proposed residential-commerctal mtaed use development
shall be constructed meeting wrth the requirements of Chapter 23, subdtvtston
Code Roadway unprovements [o be dedicated [o the County wrthm [he proposed
subdtvtston shall include curb, gutter and sidewalks
L Install street lights, steps and markings meeting with [he approval of the
Department of Publtc ~'l'orks. Traffic Division
(`i The applicant shall fund, on a fair share basis, the design and constntction of
drainage improvements required as a result of [he development and meeting wrth
the approval of the County Department of Public lb`orks A drainage swdy of the
subject property, tf regmred, shall be prepared for revtew• and approval by the
Department of Public ~l'urks, pnor to subnuttal of plans for subdtvtston review
Drainage unpmvements. tf requucd shall be constructed or bonded meeting with
the approval of [he Department of Publtc ~borl<s pnor to the issuance of Final
Subdrvuton Approval
-q-
V The apphcant shall submit a Sold \~'aste ~9anagement Plan for the development
to the Department of Public otks for rts review and approval A copy of the
approved Plan shall be submitted to the Pla~tnutg Department pnor to the issuance
of Final Plan Approval
O The applicant shall suhnut an .Archaeological Data Recovery Plan for the Yive
sigmticant historic saes on fire subject property to the State Department of Land
and Natural Resources-State Historic Preservation Division (DLNR-SHPD) for rts
review and approval 7~he apphcant shall submit a copy of the approved Final
~rchaeulo~ical Data Recovery Plan, as well as written verification from DLNR-
SHPD drat the plan has been successfully executed, to the Plamune Director for
the Department's tiles prior to suhnutting plain for Final Subdivision -approval
and%or pnor to any approval for any land alteration permits
P Should anv previously umdenufied burials, archaeological or historic saes such as
artifacts, marine shell concentrations, charcoal deposits, or stone platforms,
pavmgs or walls he found. the apphcant shall stop work m the immediate vtcmrty
and the Department of Land and Natural Resources-State Historic Preservation
Division (DLNR-SHPD) shall be immediately notified Subsequent work shall
proceed upon an archaeological clearance from the DLNR-SHPD when it finds
that mmeative measures have been unplemented to its satisfaction
Q Tu ensure that the Goals and Polices of the Housing Flemen[ of die General Plan
are implemented, the applicant shall comply wrth the requirements of Chapter 11,
?,rticle 1. Hawau County Cude relating [o :~ffurdable Housing Policy This
requirement shall be approved by [he County Housing agency pnor to Final
Subdn'ision approval or the tssumtce of bwldutg pernuts, whichever is
applic,ible
R The applicant shall contnbu[e to the development, funding and%or cons[rucuon of
school facthues, on a fair share basis, as determined by and to the sausfacuon of
the Department of Education (DOE) A fitlly executed w•ntten agreement setting
forth [he contnbuuon and ummg of contnbuurnts shall be agreed upon b~ the
applicant and the DOE pnor to Final subdtvtston Approval or the tssuance of
bwldmg penntts, whichever is appltcable
S The applicant shall participate m the hindmg and construction of adequate
wastewater transmission and dtsposal facthues, on a fair share basis, as
detennmed by the County of Hawau Depamnent of Public Works and the State
Department of Health pnor to Final Subdrvtston Approval or the tssuance of
bmlding permits, whichever is applicable
T The applicant shall, on a fair share basis, fund and construct adequate civil
defense measures as determined by the County and State Crnl Defense agencies
pnor to Final subdtvtston Approval or [he tssuance of building permns,
whichever is appltcable
LJ The applicant shall make its fair share contnbuuon to mrttgate potential regional
impacts of the subJect project with respect to roads, parks and recreation, fire,
police and sold waste dtsposal facthues The amount of the fair share
e ontnbuuon shall be the sum which is the product of multiplying the number of
residential lots proposed to he subdtvtded by the amounts allocated herembelow
for each such lot, and shall become due and payable pnor to final subdtvtston
approval for any portion of the subject property or t[s increments If the subject
property is subdtvtded m two or more mctements, the amount of the tau share
contnbuuon due and payable pnor to final subdtvtston approval of each
increment shall be a sum calculated m the same manner accotdme to the nuntbet
of proposed testdennal lots m each such mc.rement The fair ,hare contnbunon.
_t,_
to a Corm of cash, land, tacthttes or any combination thereof acceptable to the
director m consultation wnh the aftected agencies, shall be determined by the
County Council The fair share contribution shall have a maximum combined
value of 57,876 20 per stngle-family restdenttal unit Based upon the
applicant's representation of intent to develop up to nvo hundred fifty (2~Oj
testdenttal unus, the indtcated total of fair share contribution is $1,969,050 for
smele-faintly restdenttal units However, the total amount shall be increased or
reduced m ptoporhon with the actual number of units accord mg to the
calculation and payment ptovtstons set forth m this Condmon U The fair share
contribution shall be allocated as follows
1 53,798 04 per stngle-family restdenttal unit for an indtcated total of
$949,510.00 to the County to support park and tecreanonal
tmprovements and facthttes,
2 $183 22 per single-family restdenttal unit for an indtcated total of
$45,805.00 to the County to support police facthttes,
3 5361 88 per stngle-family restdenttal unit for an indtcated total of
$90,470.00 to the County to support fire tactltttes,
4 S158 43 pet stngle-famtly restdenttal unit for an indtcated total of
$39,607.50 to the County to suppott solid waste faciltttes, and
5 53.374 63 per single-family restdenttal unit for an indtcated total of
$843,657.50 to the State or County to support road and trathc
tmprovements
The fair share contributions descstbed above shall be adjusted atutually
beginning three years after the effective date of the change of zone. based on the
percentage change to the Honolulu Consumer Price Index (HOPI) In lieu of
paying the tau share contitbuuon, the applicant may construct and contnbure
tmproventen[s facilities related to parks and recreation, fire, police, solid waste
disposal tacthues and roads wrthm the tegton impacted by the proposed
development, subiect to the apptoval of the dtrector The cost of providing and
consttucung the unprovements reyuired m Conditions E, F, G, H. I, J, K and L
shall be credited aeamst the sum specified m Condition U (5) for road and
traffic tmprovements For purposes of admmtstenng Condmon U, the fair
market value of land contributed or the cost of any tmprovements reyutred or
made to Iteu of the fair share rnntnbutton shall be subject to review and
approval of the duector, upon consultation with the appropriate agencies
Upon approval of the fau share contnbuuons or m Iteu contributions by the
dtrector the duectot shall submit a final report to the Councd for its
information that identifies the specific approved fair share andior m Iteu
contnbuuons, as allocated, and further tmplementauon requirements
[C]V Should the Counctl adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessments of impact fees, conditions
included herein shall be credited towards the reyutrements of the L'mfied Impact
Fees Onimance
[V]~~% In lieu of actual construction of infrastructure tmprovements as conditioned
above, the applicant may enter into an agreement with the Plannm~ Director and
the Department of Public Works and the Department of ~~'ater Supply, if
applicable. to assure the County that the inftastrucutre tmprovements will be
constructed toeethet with the appropt i ate bond, surety or othzr security deemed
acceptable [o die Planning Director and the Corporation Counsel Upon e~ecuuon
of such agreement and-or tiling of the securtn• v+'i[h the County if applicable.
Final Subdn•iston approval for the subiect property or portions thereof may be
granted prior to the actual construc.uon of tegmied infrastructure unptovements
unless otherwise testncted herein ~ certificate of oceripancy shall not be issued
anal the utfrastrucnue mtprovements hate been constructed
-S-
[W]X The applicant shall notify all pmspectrve buyers of the property of the potential
odor, noise and dust pollution associated with surrounding Agncultural Distract
lands
[X]1' applicant shall notify all prospective buyers of the property [hat the Hawau
Right-to-Farm act, Chapter 16~. Hawau Revised Statutes, limit the ctrcumstances
under which pre-existing tarm actn~ties may be deemed a ninsance
[Y]Z Comply with all applicable laws, rules, regulations and reginrements of other
affected agencies fog approval of the proposed development within the subject
property
[Z]AA .An annual progress report shall be submitted to the Planning Director pnor to the
amuveisary date of the approval of the ordinance The report shall include, but
nut be limited to. the status of the development and [o what extent the conditions
of approval are bem~~ complied with This condition shall remain m effect until
all of the conditions of approval have been complied with and the Plannme
Duector ac6nowledees that further reports are not required
[AA]BB An uutial extension of time for the performance of condmons within the
ordinance may be granted by the Plannutg Director upon the following
circumstances
1 The non-pertormance is the result of conditions that could not have been
toreseen or are beyond the control of the applicant, its successors or
assigns, and that are not the result of their fault or negligence
Grannne of the tune ettcnsion would not be contras to the General Plau
or Zonme Codc
3 Granting of the tune extenston 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 pertod not to exceed the period
originally granted for performance e , a condttton to be performed
wrthm one year may he et[ended for up to one addmonal year)
~ If the applicant should reywre an additional extenston of [tine, the
Planning Director shall suborn the applicant's request to [he County
Cowtctl for appropriate action
[BB]CC Should any of the condmons no[ be met or substantially complied with to a
umeh fashion, [he Director may uuttate rezoning of the subject area to rts oneinal
or more appropriate desienation
SECTION 3 In the event that any portion of flits ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance
_jp_
SECTION This ordinance shall tape effect upon rts approval
WTRODUCED BY
COI.R~CIL MEMBER, COUNTY OF HA~'~'AI[
Hilo, Hawau
Date of Innoduchon
Date of 1st Reading
Date of 2nd Readms
Effectne Date y 44.2
REFERENCE, Comm.
APPROVED .AS TO FORb1 .AND LEGALITY
CORPORATION COLNSEL
D:~TED
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A_M_ ENDMENT 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
-HK %-4-~ u,ns 1 SEP7E bBE•: c5 2000
iCu.an 4M1UO.o any Try.
EXHIBIT °A~
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