HomeMy WebLinkAboutBIL 154 Draft 01 2008-2010
COUNTY OF HAWAI'I
STATE OF HAWAI'I
BILL NO. 154
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL- 5 ACRES (A-5a) TO MULTIPLE FAMILY RESIDENTIAL- 30,000
SQUARE FEET (RM-30) AT KEAUHOU, NORTH KONA, HAW AI'!, COVERED BY TAX
MAP KEY: 7-8-010:101.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'!:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai'i County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Keauhou, North Kona,
Hawai'i, shall be Multiple Family Residential- 30,000 square feet (RM-30):
Beginning at the Southwest corner of this parcel ofland and on the easterly side of
Mamalahoa Bypass Highway, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KEAUHOU COAST' being 1,637.58 feet
South and 4,235.06 feet East, thence running by azimuths measured clockwise from True
South:
1.
1450 50'
44"
119.98
feet along the easterly side ofMama1ahoa
Bypass Highway;
2. Thence along the remainder of Lot C-1-A-l ofR.P. 7844, L.c. Aw. 7715, Apana
12 to L. Kamehameha, on a curve to the left
with a radius of 30.00 feet, the chord
azimuth and distance being:
2800 50' 44"
42.43 feet;
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3.
2350 50'
44"
39.73
feet along the remainder of Lot C-I-A-l of
R.P. 7844. L.C. Aw. 7715, Apana 12 to L.
Kamehameha;
4. Thence along the remainder of Lot C-I-A-l ofRP. 7844, L.C. Aw. 7715, Apana
12 to L. Kamehameha, on a curve to the
right with a radius of 330.00 feet, the chord
azimuth and distance being:
5.
2740 50'
2.92
2550 20' 22"
220.25 feet;
feet along the remainder of Lot C-I-A-l of
RP. 7844, L.C. Aw. 7715, Apana 12 to L.
Kamehameha;
6. Thence along the remainder of Lot C-I-A-l ofR.P. 7844, L.C. Aw. 7715, Apana
12 to L. Kamehameha, on a curve to the left
with a radius of 30.00 feet, the chord
azimuth and distance being:
7.
1840 50'
89.03
229050'
42.43 feet;
feet along the remainder of Lot C-I-A-l of
R.P. 7844. L.c. Aw. 7715, Apana 12 to L.
Kamehameha;
8. Thence along the remainder of Lot C-I-A-l ofRP. 7844, L.C. Aw. 7715, Apana 12
to L. Kamehameha, on a curve to the left with
a radius of 475.00 feet, the chord azimuth and
distance being:
9.
1590 26'
50"
101.48
10.
690 26'
50"
230.09
172008' 25"
208.74 feet;
feet along the remainder of Lot C-I-A-l of
RP. 7844, L.c. Aw. 7715, Apana 12 to L.
Kamehameha;
feet along the remainder of Lot C-I-A-l of
RP. 7844, L.C. Aw. 7715, Apana 12 to L.
Kamehameha;
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11.
520 51 '
60.00
feet along the remainder of Lot C-1-A-1 of
R.P. 7844, L.C. Aw. 7715, Apana 12 to L.
Kamehameha;
12. Thence along the remainder of Lot C-1-A-1 ofR.P. 7844, L.c. Aw. 7715, Apana
12 to L. Kamehameha, on a curve to the
right with a radius of 1,030.00 feet, the
chord azimuth and distance being:
1520 30'
345.32 feet;
13.
1620 09'
502.03
feet along the remainder of Lot C-1-A-1 of
R.P. 7844, L.C. Aw. 7715, Apana 12 to L.
Kamehameha;
14. Thence along the remainder of Lot C-1-A-1 ofR.P. 7844, L.c. Aw. 7715, Apana
12 to L. Kamehameha, on a curve to the left
with a radius of970.00 feet, the chord
azimuth and distance being:
153036' 15" 288.29 feet;
15. 1100 41 ' 471.74 feet along the remainder of Lot C-1-A-1 of
R.P. 7844, L.c. Aw. 7715, Apana 12 to L.
Kamehameha;
16. 1440 30' 376.87 feet along the remainder of Lot C-1-A-1 of
R.P. 7844, L.c. Aw. 7715, Apana 12 to L.
Kamehameha;
17. 1940 02' 164.00 feet along the remainder of Lot C-1-A-1 of
R.P. 7844, L.c. Aw. 7715, Apana 12 to L.
Kamehameha;
18. 2320 21 ' 701.17 feet along the remainder of Lot C-1-A-1 and
Lot A ofR.P. 7844, L.C. Aw. 7715, Apana 12
to L. Kamehameha;
19. 1890 10' 221.00 feet along Lot A ofR.P. 7844, L.c. Aw. 7715,
Apana 12 to L. Kamehameha;
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20. 2100 05' 115 .00 feet along Lot A of R.P. 7844, L.C. Aw.
7715, Apana 12 to L. Kamehameha;
21. 1830 50' 377.00 feet along Lot A ofRP. 7844, L.c. Aw.
7715, Apana 12 to L. Kamehameha;
22. 3110 50' 700.00 feet along Lot A ofRP. 7844, L.c. Aw.
7715, Apana 12 to L. Kamehameha;
23. 3240 40' 640.00 feet along Lot A ofRP. 7844, L.C. Aw.
7715, Apana 12 to L. Kamehameha;
24. 570 00' 120.00 feet along Lot A ofRP. 7844, L.C. Aw.
7715, Apana 12 to L. Kamehameha;
25. 360 10' 142.00 feet along Lot A ofR.P. 7844, L.c. Aw.
7715, Apana 12 to L. Kamehameha;
26. 70 50' 578.00 feet along Lot A ofRP. 7844, L.C. Aw.
7715, Apana 12 to L. Kamehameha;
27. 3380 50' 30" 359.86 feet along Lot A ofRP. 7844, L.c. Aw.
7715, Apana 12 to L. Kamehameha;
28. 3420 50' 528.07 feet along Lot A ofRP. 7844, L.c. Aw.
7715, Apana 12 to L. Kamehameha;
29. 690 26' 50" 230.09 feet along the remainder of Lot C-1-A-1 of
R.P. 7844, L.C. Aw. 7715, Apana 12 to L.
Kamehameha;
30. 3390 26' 50" 101.48 feet along the remainder of Lot C-1-A-1 of
RP. 7844, L.C. Aw. 7715, Apana 12 to L.
Kamehameha;
31. Thence along the remainder of Lot C-1-A-1 ofRP. 7844, L.c. Aw. 7715, Apana
12 to L. Kamehameha, on a curve to the
right with a radius of 525.00 feet, the chord
azimuth and distance being:
352008' 25" 230.71 feet;
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32.
40 50'
89.03
feet along the remainder of Lot C-l-A-l of
RP. 7844, L.c. Aw. 7715, Apana 12 to L.
Kamehameha;
33.
Thence along the remainder of Lot C-1-A-1 ofR.P. 7844, L.C. Aw. 7715, Apana
12 to L. Kamehameha, on a curve to the left
with a radius of 30.00 feet, the chord
azimuth and distance being:
-'''"
319050'
42.43 feet;
34.
40 50'
60.00
feet along the remainder of Lot C-1-A-1 of
R.P. 7844, L.c. Aw. 7715, Apana 12 to L.
Kamehameha;
35.
940 50'
112.92
feet along the remainder of Lot C-1-A-1 of
RP. 7844, L.c. Aw. 7715, Apana 12 to L.
Kamehameha;
36. Thence along the remainder of Lot C-1-A-1 ofRP. 7844, L.C. Aw. 7715, Apana
12 to L. Kamehameha, on a curve to the left
with a radius of 270.00 feet, the chord
azimuth and distance being:
750 20' 22"
180.20 feet;
37.
550 50'
44"
39.73
feet along the remainder of Lot C-1-A-1 of
RP. 7844, L.c. Aw. 7715, Apana 12 to L.
Kamehameha;
38. Thence along the remainder of Lot C-1-A-1 ofRP. 7844, L.c. Aw. 7715, Apana
12 to L. Kamehameha, on a curve to the left
with a radius of 30.00 feet, the chord
azimuth and distance being:
100 51' 48" 42.41 feet to the point
of beginning and containing an area of
51.058 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
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SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
B. Prior to the issuance of a water commitment hy the Department of Water Supply,
the applicant, its successors or assigns shall submit the anticipated maximum
daily water usage calculations as recommended by a registered engineer and a
water commitment deposit in accordance with the "Water Commitment
Guidelines Policy" to the Department of Water Supply within 180 days from the
effective date of this ordinance.
C. The applicant, successors, or assigns shall install and construct the water
improvements outlined in the Department of Water Supply's July 29,2009
addressed to the Planning Director prior to the issuance of a Certificate of
Occupancy.
D. Construction of the proposed development shall be completed within five (5)
years from the effective date of the ordinance. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed
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development in accordance with Section 25-2-70, Chapter 25 (Zoning Code),
Hawai'i County Code. Plans shall identify all existing and/or proposed structures,
paved driveway access and parking stalls associated with the proposed
development. Landscaping shall also be indicated on the plans for the purpose of
mitigating any adverse noise or visual impacts to adjacent properties in
accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements), Chapter 25 (Zoning Code), Hawai'i County Code.
E. Access to the development shall meet with the approval of the Department of
Public Works. The roadway easement from the Mamalahoa Highway Bypass to
the project shall be constructed to County dedicable standards, including curbs,
gutters and sidewalks, meeting with the approval of the Department of Public
Works, and dedicate it to the County upon request.
F. Any vehicular security gate shall be set back approximately 60 feet from any
County dedicated road.
G. All wastewater generated shall be disposed into the Keauhou Resort's sewer
system owned and maintained by the Keauhou Community Services, Inc.
H. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
1. A drainage study shall be prepared by a licensed civil engineer and submitted to
the Department of Public Works. The recommended drainage improvements shall
be constructed, meeting with the approval of the Department of Public Works
prior to receipt of Final Plan Approval.
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J. During construction, measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the State ofHawai'i.
K. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawai'i County Code.
L. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
M. An updated Archaeological Inventory Survey, including proposed mitigation
measures, shall be submitted for the review and approval of the State Department
of Land and Natural Resources - Historic Preservation Division (DLNR-HPD)
prior to submittal of plans for Plan Approval.
N. The four archaeological sites identified in the Archaeological Inventory Survey
prepared by Cultural Surveys Hawai'i and identified on the proposed development
plan and any other sites identified for preservation in an updated ArchaeoJogical
Inventory Survey shall be preserved. The appropriate Preservation Plan, Data
Recovery Plan, and Monitoring Plan shall be prepared and submitted to the State
Department of Land and Natural Resource - Historic Preservation Division
(DLNR-HPD) for review and approval. The Burial Treatment Plan shall be
prepared and submitted to the Hawai'i Island Burial Council for review and
approval. These plans shall be approved prior to the issuance of any land
disturbance permits proximate to or affecting the archaeological features and/or
burials required for preservation.
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O. A completed Cultural Impact Assessment Report shall be submitted for review
and approval by the DLNR-HPD prior to the submittal of plans for Plan Approval.
P. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant, successors or assigns shall comply with the
requirements of Chapter 11, Article 1, Hawai'i County Code relating to
Affordable Housing Policy. This requirement shall be approved by the
Administrator of the Office of Housing and Community Development prior to
Final Plan Approval.
Q. The applicant, successors or assigns shall make its fair share contribution to
mitigate the potential regional impacts of the property with respect to parks and
recreation, fire, police, solid waste disposal facilities and roads. The fair share
contribution shall become due and payable prior to receipt of Final Plan Approval.
The fair share contribution for each unit shall be based on the actual number of
residential units developed. The fair share contribution in a form of cash, land,
facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three years after
the effective date of the amendment to the ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share
contribution shall have a maximum combined value of $7,383.36 per multiple
family residential unit ($11,506.13 per single-family residential unit). The total
amount shall be determined with the actual number of units according to the
calculation and payment provisions set forth in this condition. The fair share
contribution per single-family residential unit shall be allocated as follows:
. $3,642.00 per multiple family residential unit ($5,548.46 per single-family
residential) unit to the County to support park and recreational
improvements and facilities;
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. $115.11 per multiple family residential unit ($267.66 per single-family
residential unit) to the County to support police facilities;
. $354.08 per multiple family residential unit ($528.66 per single-family
residential unit) to the County to support fire facilities;
. $157.81 per multiple family residential unit ($231.45 per single-family
residential unit) to the County to support solid waste facilities;
. $3,114.36 per multiple family residential unit ($4,929.90 per single-family
residential unit) to the County to support road and traffic improvements;
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval ofthe
County Council.
R. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
S. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
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T. An annual progress report shall be submitted to the Planning Director prior to the
effective date of the ordinance. The report shall include, but not be limited to, the
status of the development and compliance with the conditions of approval. This
condition shall remain in effect until all of the conditions of approval have been
satisfied and the Planning Director acknowledges that further reports are not
required.
U. An initial extension of time for the performance of conditions within this
ordinance 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 are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary 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 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).
5. lfthe applicant(s) should require an additional extension of time, the
Planning Department shall submit the request to the County Council for
appropriate action.
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Should any of the conditions not be met or substantially complied with in a timely
manner, the Planning Director may initiate rezoning of the 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.
INTRODUCED BY:
&~,~
COUNCIL MEMBER, COUNTY OF HAW AI'I
, Hawai'i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REfERENCE. ~ 554
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OPEN
o
A-50
AGRICULTURAL - 5 ACRES (A-Sa)
TO MULTIPLE FAMILY
RESIDENTIAL -
30,000 SQUARE FEET (RM-30)
51.058 ACRES
OPEN
A-50
OPEN
A-50
A-50
A-50
o
1,000
2,000
4,000
6,000
8,000
Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING
THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES (A-5a) TO
MULTIPLE FAMILY RESIDENTIAL - 30,000 SQUARE FEET (RM-30)
AT KEAUHOU, NORTH KONA, HAWAI'I
MAP PREPARED BY:
COUNTY OF HAWAI'I, PLANNING DEPARTMENT
EXHIBIT "A"
DATE: June 25, 2009
(Kana Country Club, Inc -
Map 1268)
TMK: 7-8-10:101