HomeMy WebLinkAboutORD 2000-006 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 178
ORDINANCE NO. 00 6
AN ORDINANCE 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 RESORT (V), MULTIPLE FAMILY
RESIDENTIAL (RM-3 AND RM-10), VILLAGE COMMERCIAL (CV-10) AND OPEN (O)
TO PROJECT DISTRICT AT KAUPULEHU, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-2-10:1, PORTION OF 2, 8, 9; 7-2-12:2.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kaupulehu, North
Kona, Hawaii, shall be Project District:
Beginning at the southwest corner of this parcel of land, on the northerly side of Queen
Kaahumanu Highway, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "AKAHIPUU" being 20,974.30 feet North and 6,383.09
feet West, thence running by azimuths measured clockwise from True South:
1. 150° 03' S5" 5,074.59 feet along Grant 2121 to Pupule;
2. 288° 20' 40" 172.80 feet along Lots 7 and 6 of Hualalai Resort
"K-1" Subdivision (File Plan 2184);
3. 275° 11' 164.76 feet along Lot 5 of Hualalai Resort "K-1"
Subdivision (File Plan 2184);
4. 298° 48' 116.03 feet along Lot 4 ofHualalai Resort "K-1"
Subdivision (File Plan 2184);
5. 291° 38' 126.34 feet along Lot 3 of Hualalai Resort "K-1"
Subdivision (File Plan 2184);
6. 239° 18' 170.31 feet along Lot 3 of Hualalai Resort "K-1"
Subdivision (File Plan 2184);
7. 184° 38' 145.76 feet along Lot 3 of Hualalai Resort "K-1"
Subdivision (File Plan 2184);
8. 274° 38' 193.18 feet along the southerly side of Lot 28
(Waiulu Street) of Hualalai Resort "K-1"
Subdivision (File Plan 2184);
9. Thence along the southerly side of Lot 28 (Waiulu Street) of Hualalai Resort
"K-1" Subdivision (File Plan 2184), on a
curve to the left with a radius of 1,225.00
feet, the chord azimuth and distance being:
265° 38' 383.26 feet;
10. 256° 38' 66.02 feet along the southerly side of Lot 28
(Waiulu Street) of Hualalai Resort "K-1"
Subdivision (File Plan 2184);
11. 346° 38' 145.36 feet along Lot 1 of Hualalai Resort "K-1"
Community Meeting Facility Subdivision
(File Plan 2222);
12. 286° 08' 150.00 feet along Lot 1 of Hualalai Resort "K-1"
Community Meeting Facility Subdivision
(File Plan 2222);
13. 273° O1' 138.00 feet along Lot 1 of Hualalai Resort "K-1"
Community Meeting Facility Subdivision
(File Plan 2222);
14. 296° 51' 388.00 feet along Lot 1 of Hualalai Resort "K-1"
Community Meeting Facility Subdivision
(File Plan 2222);
15. 335° 18' 117.00 feet along Lot 1 of Hualalai Resort "K-1"
Community Meeting Facility Subdivision
(File Plan 2222);
-2-
16. Thence along Lot 1 of Hualalai Resort "K-1" Community Meeting Facility
Subdivision (File Plan 2222), on a curve to
the left with a radius of 939.82 feet, the
chord azimuth and distance being:
241° 50' S4" 113.17 feet;
17. Thence along Lots 1 and 2 of Hualalai Resort "K-1" Community Meeting
Facility Subdivision (File Plan 2222) and
the easterly end of Lot 28 (Waiulu Street) of
Hualalai Resort "K-1" Subdivision (File
Plan 2184), on a curve to the left with a
radius of 770.00 feet, the chord azimuth and
distance being:
222° 02' 35" 433.61 feet;
18. 292° 20' 162.11 feet along the remainder of Lot 10
(Ka'upulehu Drive) of Hualalai Resort
(Amended) (File Plan 2180) and along Lot 3
of Hualalai Resort (Amended) (File
Plan 2180);
19. 348° 39' 351.00 feet along Lot 3 of Hualalai Resort
(Amended) (File Plan 2180);
20. 334° 57' 538.57 feet along Lot 3 of Hualalai Resort
(Amended) (File Plan 2180);
21. 312° 02' 561.64 feet along Lot 3 of Hualalai Resort
(Amended) (File Plan 2180);
22. 281° 55' 77.94 feet along Lot 3 of Hualalai Resort
(Amended) (File Plan 2180);
23. 343° 07' 261.00 feet along Lot 4 of Hualalai Resort
(Amended) (File Plan 2180);
24. 239° 27' 399.10 feet along Lot 4 of Hualalai Resort
(Amended) (File Plan 2180);
25. 277° 37' 82.44 feet along Lot 4 of Hualalai Resort
(Amended) (File Plan 2180);
-3-
26. 199° 58' 151.10 feet along the remainder of Lot 4 of Hualalai
Resort (Amended) (File Plan 2180);
27. Thence along the remainder of Lot 4 of Hualalai Resort (Amended)
(File Plan 2180), on a curve to the left with a
radius of 375.00 feet, the chord azimuth and
distance being:
175° 07' 315.18 feet;
28. 150° 16' 66.43 feet along the remainder of Lot 4 of Hualalai
Resort (Amended) (File Plan 2180);
29. Thence along the remainder of Lot 4 of Hualalai Resort (Amended)
(File Plan 2180), on a curve to the right with
a radius of 20.00 feet, the chord azimuth and
distance being:
195° 16' 28.28 feet;
30. 240° 16' 16.56 feet along the remainder of Lot 4 of Hualalai
Resort (Amended) (File Plan 2180);
31. Thence along the remainder of Lot 4 of Hualalai Resort (Amended)
(File Plan 2180), on a curve to the right with
a radius of 40.00 feet, the chord azimuth and
distance being:
260° 19' 35" 27.44 feet;
32. Thence along the remainder of Lot 4 of Hualalai Resort (Amended)
(File Plan 2180), on a curve to the left with a
radius of 45.00 feet, the chord azimuth and
distance being:
253° 13' S1" 41.08 feet;
33. 259° 03' 257.22 feet along the remainder of Lot 4 of Hualalai
Resort (Amended) (File Plan 2180);
34. 355° 23' 145.77 feet along Lot 6-K, along the remainder of
R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
35. 338° 27' 503.00 feet along Lot 6-K, along the remainder of
R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
-4-
36. 319° 35' 517.00 feet along Lot 6-K, along the remainder of
R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
37. 251° 23' 195.00 feet along Lot 6-K, along the remainder of
R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
38. 189° 53' 140.00 feet along Lot 6-K, along the remainder of
R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
39. 239° 33' 95.91 feet along Lot 6-K, along the remainder of
R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
40. 338° 20' 48" 1,598.84 feet along the remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L. Kamehameha;
41. Thence along the northerly side of Queen Kaahumanu Highway, on a curve to the
left with a radius of 9,400.02 feet, the chord
azimuth and distance being:
74° 32' S2" 380.14 feet;
42. 163° 23' 21" 10.00 feet along the northerly side of Queen
Kaahumanu Highway;
43. Thence along the northerly side of Queen Kaahumanu Highway, on a curve to the
left with a radius of 9,410.02 feet, the chord
azimuth and distance being:
64° 06' 23.8" 3,035.74 feet to the
point of beginning and containing an area of
279.18 acres, more or less.
All as shown on the map attached hereto, mazked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
-5-
B. This project area shall be called the Hualalai Resort Project District. The
development period for the Hualalai Resort Project District will be 20 years
from the effective date of approval of the Project District Ordinance.
C. The Hualalai Resort Project District shall consist of not more than 279.179
acres for residential, commercial, golf course, golf clubhouse and open space
and ancillary related development. Any amendment to this acreage shall require
an amendment to the Hualalai Resort Project District Ordinance.
D. The maximum number of residential units to be allowed within the Hualalai
Resort Project District shall be 612 units. Any increase in the number of units
shall require an amendment to the Hualalai Resort Project District Ordinance.
E. There shall be a 150-foot wide open space fronting Queen Ka'ahumanu
Highway. A copy of the metes and bounds, and proposed covenant(s) to be
recorded in the Bureau of Conveyances shall be submitted to the Planning
Director for review and approval prior to the issuance of Final Subdivision
Approval, Final Plan Approval, or land alteration activities, whichever occurs
first. The approved covenant(s) shall be recorded in the Bureau of Conveyances
prior to the issuance of Final Subdivision, Final Plan Approval, or land
alteration activities, whichever occurs first. A copy of the recorded covenant(s)
shall be provided to the Planning Department.
F. The applicant shall disclose to all potential buyers of lots or units within the
proposed project that internal infrastructure and community facilities shall be
developed and maintained privately and that the County is not obligated to
construct any public facilities within the project area.
G. The following permitted uses as defined in Chapter 25 (Zoning Code)
-6-
Ordinance No. 96-160 are to be allowed in the Hualalai Resort Project District
within the 279.179 acres for residential, commercial, golf course and ancillary
related development:
1. Amusement and recreation facilities, indoor.
2. Art galleries, museums.
3. Automobile service stations.
4. Bars.
5. Business services.
6. Churches, temples and synagogues.
7. Day care centers.
8. Convenience stores.
9. Community buildings.
10. Display for products sold elsewhere.
11. Dwellings, single-family.
12. Dwellings, double-family or duplex.
13. Dwellings, multiple-family.
14. Farmers Market.
15. Financial institutions.
16. Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
17. Home Occupations as permitted within Section 25-4-13 of the Zoning
Code.
18. Major outdoor amusement and recreation facilities.
19. Medical clinics.
20. Meeting facilities.
21. Model homes.
22. Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
-7-
23. Offices.
24. Personal services.
25. Photography studios.
26. Public and private utility uses and structures.
27. Real estate sales offices.
28. Restaurants.
29. Retail establishments.
30. Schools.
31. Security gates and security stations.
32. Spa and Fitness clubs.
33. Telecommunication antennas and towers as permitted under
Section 25-4-12 of the Zoning Code.
34. Theaters.
35. Time share units, including units with fractional ownership and short
term rental units.
36. Utility substations, wastewater treatment plants, landscaping and plant
nurseries, and vehicle maintenance service yards.
37. Visitor information center.
38. Any uses similar in nature to the above permitted uses shall be permitted
upon submittal of a request by the applicant and approved by the
Planning Director.
39. Buildings and uses normally considered directly accessory to the uses
permitted in this section shall also be permitted.
H. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements.
-8-
2. The minimum building site area shall be 7,500 square feet which may
include flag lots.
3. The maximum allowable height limit for Single Family Residential units
shall be thirty-five feet.
4. The maximum allowable height limit for Multiple Family Residential
and Commercial developments shall be 45 feet.
5. The minimum average lot widths shall be determined by the applicant in
conjunction with its development plans.
6. The minimum yards in the Hualalai Resort Project District shall be as
follows:
a. Single Family Residential Development
(1) Front and rear yards, fifteen feet; and
(2) Side yards, eight feet.
b. Commercial Development
(1) Front and rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site
is a residential development site, when the side yard
adjoins the side yard of a residential development site,
there shall be a minimum side yard of eight feet.
7. Exceptions to the regulations for the Hualalai Resort Project District
regarding heights, building site areas, and yards, may be approved by
the Director within a planned unit development, or cluster plan
development.
-9-
8. The minimum off-street parking and loading space requirements for the
Hualalai Resort Project District will comply with the minimum standards
as required by the Zoning Code, including compliance with the
American Disabilities Act (ADA) requirements.
I. Final Subdivision or Final Plan Approval, whichever is applicable, shall be
secured from the Planning Director for any of the above uses prior to the
issuance of any land alteration permits for any residential or commercial
development in the Hualalai Resort Project District.
J. Construction of the residential units, commercial development, golf course and
other related improvements shall commence only after Final Subdivision
Approval or Final Plan Approval has been secured from the Planning Director.
K. The actual development of the water source and its water transmission and
distribution system shall be developed in conjunction with the subdivision
approval process. Final inspection to the residential and commercial structures
shall not be issued until the approved water source is developed and its
transmission and distribution system for such source to the subject property has
been constructed. Residential building permits may be issued for model home
complexes, provided that such model homes will not be used for residential
purposes until the approved water source is developed.
L. The interior roadway requirements for the Hualalai Resort Project District may
be designed to resort standards as allowed by the Subdivision Code.
M. Access(es) to the project site shall meet with the approval of the Departments of
Transportation-Highways Division and Public Works as follows:
-10-
1. A traffic monitoring prograzn at the intersection of Queen Ka'ahumanu
Highway shall be submitted to and approved by the State Department of
Transportation, Highways Division, prior to receiving Final Plan
Approval for any portion of the proposed development. If additional
intersection improvements such as a fully channelized intersection with
acceleration deceleration lanes are required as determined by the
findings of subsequent monitoring and analysis, the applicant shall
provide the improvements in conformance with the requirements of the
State Department of Transportation, Highways Division.
2. All internal roadways within the proposed development may be
constructed in accordance with the Resort Standards or other applicable
provisions of the Zoning Code and the Subdivision Code.
3. A roadway connection to the adjacent property along the southwestern
boundary shall be provided meeting with the approval of the Department
of Public Works.
4. No lots shall have direct access from the Queen Ka'ahumanu Highway
except through an access point approved by the State Department of
Transportation.
N. A detailed drainage study, if required, shall be prepazed by the applicant for
review and approval by the Department of Public Works prior to submittal of
plans for Subdivision and/or Plan Approval review of the residential and golf
courses subdivisions. The study shall take into consideration the the drainage
system, retention basins and `reduced turf' design which may be incorporated
into the golf course. A drainage system for each phase of development in the
-11-
project area shall be installed meeting with the approval of the Department of
Public Works, prior to issuance of Final Subdivision Approval, a Certificate of
Occupancy or golf course opening, whichever occurs first.
O. A Solid Waste Management Plan shall be prepared and submitted for approval
to the Department of Public Works prior to submitting plans for subdivision
approval. Approved recommendations and mitigation measures shall be
implemented in a manner meeting with the approval of the Department of Public
Works.
P. A wastewater treatment system shall be constructed to service the residential
and commercial developments meeting with the approval of the Department of
Health.
Q. An Emergency Prepazedness and Response Plan shall be submitted for review
by the Planning Department in consultation with the Fire Depaztment and the
Civil Defense Agency prior to the issuance of a Certificate of Occupancy for
any residential unit. The plan shall be limited to a review of the emergency
roadway network and emergency contact people or association.
R. The applicant shall comply and implement the Final Comprehensive Public
Access Plan approved by the Planning Department.
S. To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented, the applicant shall comply with the requirements of
Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing
Policy. This requirement shall be approved by the County Housing Agency
prior to Final Subdivision approval of any portion of the residential azea.
-12-
T. An archaeological mitigation and interpretation plan shall be prepared and
submitted, with comments from Hawaiian community organizations, for
approval by the Planning Director and the Department of Land and Natural
Resources-Historic Preservation Division prior to submitting plans for
subdivision review. The Plan shall consist of three subplans: (1) an
archaeological data recovery plan for the sites to undergo data recovery, (2) a
detailed interim protection preservation plan for the sites to undergo
preservation, and (3) an interpretation plan which shall include buffer zones,
signage and long-range preservation concerns which may be submitted at a later
date. Approved mitigation measures shall be implemented prior to this issuance
of any land alterations permits for each phase of development within the project
area.
U. Should any unidentified sites or remains such as artifacts, shell, bone, or
chazcoal deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Department of
Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall
be immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when it is found that sufficient mitigative
measures have been taken.
V. 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.
-13-
W. The applicant shall comply with all other applicable requirements of the Land
Use Commission conditions of approval and a copy of the written
documentation of compliance with these conditions shall also be submitted to
the Planning Director.
X. Comply with all other applicable laws, rules, regulations and requirements of
affected agencies for approval of the proposed development within the subject
property.
Y. An annual progress report shall be submitted to the Planning Director prior to
each anniversary date of the approval of this Project District Ordinance. The
report shall address in detail the status of the development, the number of units
constructed, sold and occupied and the compliance with the conditions of
approval. This condition shall remain in effect until all of the conditions of
approval have been complied with and the Director acknowledges that further
reports are not required.
Z. Twenty (20) years from the effective date of the Hualalai Resort Project District
Ordinance, the applicant shall submit a Detailed Status Report of the Project,
including the number of units completed and other related construction
development. This Detailed Status Report shall be submitted to the Planning
Department for transmittal to the Planning Commission for their review and
recommendation and then forwarded to the County Council for their review and
action.
AA. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances.
-14-
(1) The non-performance is the result of conditions that could not have been
foreseen or aze 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 Project District.
(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 yeaz may be extended for up to one additional year).
(5) If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
BB. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject azea 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.
-15-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY: ~J/~
~C CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: January 5, 2000
Date of lst Reading: January 5, 2000
Date of 2nd Reading: January 20, 2000
Effective Date: January 27, 2000
REFERENCE: Cantu. 56 5
APPROVED AS TO FORM AND LEGALITY
DEPUTY - , ~ -
CORPORATION COUNSEL
DATED: C~ZG/~~1
-16-
V-7
0
v-~
s • O V-2.75
=off ~ O ~ O O O
'Y
Jc~ ~ 'J-7
ti~ g°' " t/-7.25
~ ~ ~ O tih ,PM-3 O O
~ s p O O ~
.P O
3 O
O V-l.O ~,y i kM-I O
v
O o
G p O
V-2.O P'L/-/O
D
O ,N i I'V
O
h
h~ ~ M ~ O
0
~ 0
~ a`~ a~'
~ D
D
20,974.30 N
6,383.09 W ~ RESORT (V-2.25), MULTIPLE
O "AKAHIPUU'. O FAMILY RESIDENTIAL (RM-3) do / pp
(RM-5), VILLAGE COMMERCIAL
(CV-10) AND OPEN (0)
O c~ " TO PROJECT DISTRICT
'I°
~:r o AREA: 279.18 ACRES p
DD
RS-lO
O
KAAHUMANU HIGHWAY O
O QUEEN
ro
jo Kp1WO O wOikOl00
O •~j
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
RESORT (V-2.25), MULTIPLE FAMILY RESIDENTIAL (RM-3) do (RM-10), VILLAGE COMMERCIAL
(CV-10) & OPEN (0) TO PROJECT DISTRICT AT KAUPULEHU, NORTH KONA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-2-10:1, PORTION OF 2,8,9: 7-2-12:2 NOVEMBER 3, 1999
EXHIBIT "A" twwvu.Enu wuw vermiwc7
Z~
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii
ROLL CALL VOTE
~ jAY 1N~ ABS EX
Introduced By: Bobby Jean Leithead-Todd Arakaki X
Date Introduced: January 5, 2000 Chung X
First Reading: January 5, 2000 Elarionoff k'
Published: N/A Jacobson X
Leithead-Todd X
REMARKS: Pisicchio X
Smith X
Tyler X
Yagong X
8 1 0 0
Second Reading: January 20, 2000 ROLL CALL VOTE
To Mayor: January 25 2000 AYES NOES ARS EX
Returned: January 27, 2000 Arakaki X
Effective: January 27, 2000
Chung X
Published: February 7, 2000
Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
7 1 1 0
I DO HEREBYCERT/FYlha/ the fnreRoittg BILL tii~as adop[ed by the County Cntmcil publr.ched a.r
indicated afiove.
APPROVED AS TO
F AND LEGA TY: ;
',t.~->~i.:,L~ . ~ ,u, - - ~ ~
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII COU ClIA/KHAN
Date ~~L~l.''i
COZ7NT}' Cl F.RK
Apprlo_ved/~ea~recl this ~ ~ day
of l~~^^~uu-~. ,-+~Z~~.
Bill No.: 178
CI/J-
MAYOR, COU YOFHAWA/1 Reference: c-565/PC-76
Ord. No.: