HomeMy WebLinkAboutCOM 0554.007 2008-2010
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DONALD IKEDA'•,~~ "''•.,y Phone No.: (808) 961-8261
Council Member ° Fax No.: (808) 961-8912
District 2 South Hilo • • E-mail: dikeda@co.hawaii.hi.us
HAWAI `I COUNTY COUNCIL
County of Hawai `i
Hawai 'i County Building
25 Aupuni Street ecs
Hilo, Hawai'i 96720 ZZ
-2
Date: November 19, 2009
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To: J Yoshimoto, Chair'
And Council Members
From: Donald Ikeda, Council Member
Re: Proposed Amendments to Bill 154, Draft 2, Which Amends
Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code)
Of The Hawaii 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, Hawaii,
Covered By Tax Map Key: 7-8-010:101.
Attached please find proposed amendments to Bill 154, Draft 2. Bill 154 was amended at the
November 17, 2009, meeting of the Planning Committee. These amendments are proposed
pursuant to the discussion that ensued at that meeting. The Ramseyered amendments, bolded for
illustrative purposes only, are as follows:
1. 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), Hawaii 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), Hawaii County Code. [in the event
submitted plans r-efleet the development of sixty (60) single family residential lo
sixty (60) single family residential units An undated traffic assessment shall be _
submitted in coniunction with the plans for Plan Approval. Should the assessment,
subiect to concurrence by the Planning Director and the Public Works Director,
conclude that the project is anticipated to generate fifty or more peak hour trips, then
a Traffic Impact Analysis Report TIAR pursuant to the concurrency requirements of
Cantu Nv._-----..
Ref. Tot
Ref. Uate NOV 2 0 2009
Hawaii County Is An Equal Opportunity Provider And Employer
November 19, 2009
Page 2 of 2
Section 25-2-46(d), Chapter 25 (Hawai`i County Code) shall be prepared and submitted for
the review and approval of the Planning Director and Public Works Director. All
recommended traffic mitigation outlined in the TIAR shall be implemented prior to issuance
of a Certificate of Occupancy for the first residential unit within the project area."
2. Amend Condition "G", regarding security gate, to read as follows:
"G. Any vehicular security gate shall be set back approximately 60 feet from any County
dedicated road. [T-be] Whenever in use, the security gate shall be [manned] staffed to
facilitate access by emergency vehicles and personnel."
Please note that in an effort to avoid unnecessary reprographic services, the attached "clean copy"
of Bill 154, Draft 2, 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.
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Att.
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SECTION 2. In accordance with Section 25-2-44, Hawaii 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), Hawaii 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), Hawaii County Code. An updated traffic
assessment shall be submitted in conjunction with the plans for Plan
Approval. Should the assessment, subject to concurrence by the Planning
Director and the Public Works Director, conclude that the project is
anticipated to generate fifty or more peak hour trips, then a Traffic Impact
Analysis Report (TIAR) pursuant to the concurrency requirements of
Section 25-2-46(d), Chapter 25 (Hawai`i County Code) shall be prepared
and submitted for the review and approval of the Planning Director and
Public Works Director. All recommended traffic mitigation outlined in
the TIAR shall be implemented prior to issuance of a Certificate of
Occupancy for the first residential unit within the project area.
E. Plans submitted for Plan Approval shall reflect a minimum 10-foot wide
emergency evacuation access route that extends from the project's easterly
boundary, through the existing golf course identified by TMK:7-8-10:051,
and up to any point along Ali`i Drive. As this access traverses an existing
golf course and will be used only for emergency evacuation purposes, it
need not be paved but will be reasonably compact enough to
accommodate vehicles leaving the project site. The right of access across
the emergency evacuation access route, including the terms of its use,
maintenance, relocation, and related matters, will be recorded as an
easement burdening TMK: 7-8-10: 051 in favor of TMK: 7-8-10: 101.
The improvements of this emergency evacuation access route, if
necessary, will be completed and the necessary easement will be recorded
prior to issuance of a Certificate of Occupancy for the first residential unit
within the project area.
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F. 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.
G. Any vehicular security gate shall be set back approximately 60 feet from
any County dedicated road. Whenever in use, the security gate shall be
staffed to facilitate access by emergency vehicles and personnel.
H. All wastewater generated shall be disposed into the Keauhou Resort's
sewer system owned and maintained by the Keauhou Community
Services, Inc.
I. All development-generated runoff shall be disposed of on-site and shall
not be directed toward any adjacent properties.
J. A drainage study shall be prepared by a licensed civil engineer and be
submitted to the Department of Public Works prior to submittal of plans
for Plan Approval. The recommended drainage improvements shall be
constructed, and approved by the Department of Public Works, prior to
issuance of a Certificate of Occupancy for the first residential unit within
the project area.
K. 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 Hawaii.
L. Earthwork and grading shall conform to Chapter 10, Erosion and
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Sediment Control of the Hawaii County Code.
M. 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.
N. 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.
0. The four archaeological sites identified in the Archaeological Inventory
Survey prepared by Cultural Surveys Hawaii 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
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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.
P. 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.
Q. 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, Hawaii County
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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.
R. 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 (HOPI). 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
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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.
S. 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.
T. The applicant shall comply with all applicable County, State and Federal
laws, rules, regulations and requirements.
U. 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.
V. An initial extension of time for the performance of conditions within this
ordinance may be granted by the Planning Director upon the following
circumstances:
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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.
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