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HomeMy WebLinkAboutCOM 0554.005 2008-2010 BRENDA J. FORD Council Member Council District 7 - Central Kana Phone: (808) 326-5684 Fax: (808) 329-4786 Email: bford@co.hawaii.hi.us Hawai'i County Council County of Hawai 'i Kailua Trade Center 75-5706 Hanama Place, Suite 109 Kailua-Kona, Hawai'i 96740 Date: November 16, 2009 To: J Yoshimoto, Chair And Council Members From: Brenda J. Ford, Council Member ~~ I"'..> = = CQ Z c:.::::> c:.:::: ~ .....,J ::n .:::::3 (.Q U1 '-D Proposed Amendments to Bill 154, Which Amends 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, Hawai'i, Covered By Tax Map Key: 7-8-010: 101. Applicant: Kona Country Club, Inc. Re: Attached please find proposed amendments to Bill 154. The proposed amendments are illustrated via Ramseyer format with respect to the contents of Bill 154, bolded for illustrative purposes only, and read as follows: 1. Amend Condition "e" to insert language that was inadvertently left out, to read as follows: "C. The applicant, successors, or assigns shall install and construct the water improvements outlined in the Department of Water Supply's July 29, 2009 memorandum addressed to the Planning Director prior to the issuance of a Certificate of Occupancy. " 2. Amend Condition "D" regarding Traffic Impact Analysis Report to read as follows: "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 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 Comm. No. ~ 5" '-I. S" Serving the Interests of the People of Our Island Ref. To: -PI pc, Hawai'i County is an Equal Opportunity Provider and Employer Ref. Date NOV 1 720\1' November 16,2009 Page 2 of3 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. If the number of single family houses is substantially different from the original proiect description submitted to the leeward planning commission. the planning director. or the county council. and may have a significant impact on traffic. then either the director of public works or the director of planning shall require the applicant to prepare and submit a Traffic Impact Assessment Report (TIAR) pursuant to the concurrency requirements of Chapter 25. Hawai'i County Code. Section 25-2-46( d) for the review and approval of the director of public works and the director of planning. All recommended traffic mitigation identified in the TIAR shall be completed bv the applicant prior to issuance of a Certificate of Occupancy for the first residential unit within the proiect area." 3. Amend Condition F to read as follows: "F. [ Any vehicular security gate shall bc set back approximately 60 feet frem any County dedicated read.] Emergencv ingress to and egress from the applicant's proiect. 1. There shall be a secondary. drivable. all-weather emergency evacuation route from the proiect that is a minimum of ten feet wide and capable of supporting passenger vehicles. The emergency evacuation route shall comply with the State Model Fire Code adopted in 1992 (as amended) which incorporated the Uniform Fire Code 1988 of the Western Fire Chiefs Association. Inc. (as amended) pursuant to HRS 132-3 and Hawai'i County Fire Code. Chapter 26 (as amended). If the emergency evacuation route is through another property than the applicant's proiect. then an easement shall be recorded with the deed for Tax Map Kev: 7-8-010:101 and the deed for any other property involved with the easement prior to issuance of a Certificate of Occupancy for the first residential unit within the proiect area. 2. Anv vehicular security gate shall be set back approximately 60 feet from any County dedicated road and shall require a security guard 24 hours- per-day. 365 davs-per-vear. or in the instance of a leap year. 366 davs- per-year. for emergency access bv the Police and Fire Department's personnel and vehicles." 4. Amend Condition I to read as follows: "1. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to submittal of plans for Final Plan Approval. The recommended drainage improvements shall be constructed [ ., ] meeting with the approval of the Department of Public Warks prior to [receipt ef Final Plan ;"1ppreval ] issuance of a Certificate of Occupancy for the first residential unit within the proiect area." November 16, 2009 Page 3 of3 Please note that in effort to avoid unnecessary repro graphic services, the attached "clean copy" of Bill 154, with the proposed amendments incorporated, starts with Section 2, regarding the conditions of rezoning and does not include Section 1, regarding the subject property description. BJF:dkr Att. 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 by 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 memorandum 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 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. If the number of single family houses is substantially different from the original project description submitted to the leeward planning commission, the planning director, or the county council, and may have a significant impact on traffic, then either the director of public works or the director of planning shall require the applicant to prepare and submit a Traffic Impact Assessment Report (TIAR) pursuant to the concurrency requirements of Chapter 25, Hawai'i County Code, Section 25-2-46(d) for the review and approval of the director of public works and the director of planning. All recommended traffic mitigation identified in the TIAR shall be completed by the applicant prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. E. Access to the development shall meet with the approval of the Department of Public Works. The roadway easement from the Mfunalahoa 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. Emergency ingress to and egress from the applicant's project. 1. There shall be a secondary, drivable, all-weather emergency evacuation route from the project that is a minimum often feet wide and capable of supporting passenger vehicles. The emergency evacuation route shall comply with the State Model Fire Code adopted in 1992 (as amended) which incorporated the Uniform Fire Code 1988 of the Western Fire Chiefs Association, Inc. (as amended) pursuant to HRS 132-3 and Hawai'i County Fire Code, Chapter 26 (as amended). If the emergency evacuation route is through another property than the applicant's project, then an easement shall be recorded with the deed for Tax Map Key: 7-8-010:101 and the deed for any other property involved with the easement prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. 2. Any vehicular security gate shall be set back approximately 60 feet from any County dedicated road and shall require a security guard 24 hours-per-day, 365 days-per-year, or in the instance of a leap year, 366 days-per-year, for emergency access by the Police and Fire Department's personnel and vehicles. 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 prior to submittal of plans for Final Plan Approval. The recommended drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. 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 of Hawai'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 Archaeological 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. 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; . $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 of the 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. 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 oftime 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. If the applicant(s) should require an additional extension of time, the Planning Department shall submit the request to the County Council for appropriate action. 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.