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HomeMy WebLinkAboutORD 2000-007 1998-2000 COUNTY OF HAWAII a =STATE OF HAWAII BILL NO. 179 (Draft 4) ORDINANCE NO. 00 . `7 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 OPEN TO PROJECT DISTRICT AT KUKIO 2ND AND MANINIOWALI, HAWAII, COVERED BY TAX MAP KEY 7-2-4:18. 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 Kukio 2nd and Manini`owali, Hawaii, shall be Project District: Beginning at the east corner of this parcel of land, on the boundary between the lands of Kukio 1st and Kukio 2nd and on the northwest side of Queen Kaahumanu Highway (Kailua-Kawaihae Road), Project No. 19BC-O1-71, Keahole to Anaehoomalu Section, the coordinates of said point of beginning referred to Government Survey Triangulation Station "AKAHIPUU" being 18,991.62 feet North and 8,699.99 feet West as shown on <iovernment Survey Registered Map H.S.S. Plat 304-B, thence running by azimuths measured clockwise from True South: 1. Along the northwest side of Queen Kaahumanu Highway (Kailua-Kawaihae Road), Project No. 19BC-O1-71, Keahole to Anaehoomalu Section, on a curve to the left with a radius of 38,810.05 feet, the chord azimuth and distance being: 45° 50' 41.38" 1203.54 feet; 2. 134° 5T 23" 40.00 feet along a jog on the northwest side of Queen Kaahumanu Highway (Kailua-Kawaihae Road), Project No. l9BC-01-71, Keahole to Anaehoomalu Section; 3. Thence along the northwest side of Queen Kaahumanu Highway (Kailua-Kawaihae Road), Project No. 19BC-O1-71, Keahole to Anaehoomalu Section on a curve to the left with a radius of 38,850.05 feet, the chord azimuth and distance being: 44° 15' 04" 956.42 feet; 4. 313° 32' 45" 40.00 feet along a jog on the northwest side of Queen Kaahumanu Highway (Kailua-Kawaihae Road), Project No. 19BC-O1-71, Keahole to Anaehoomalu Section; 5. Thence along the northwest side of Queen Kaahumanu Highway (Kailua-Kawaihae Road), Project No. 19BC-O1-71, Keahole to Anaehoomalu Section on a curve to the left with a radius of 38,810.05 feet, the chord azimuth and distance being: 43° 27' 23" 121.17 feet; 6. Thence along the northwest side of Queen Kaahumanu Highway (Kailua-Kawaihae Road), Project No. 19BC-O1-71, Keahole to Anaehoomalu Section on a curve to the left with a radius of 38,810.05 feet, the chord azimuth and distance being: 41° 41' 16.5" 2274.30 feet; 7. 149° 21' 33" 1661.46 feet along the Government Land of Awakee; 8. 135° 11' 40" 1710.24 feet along Grant 2023 to Kahaialii; 9. 121° 26' 40" 200.01 feet along Grant 2023 to Kahaialii; 10. 183° OS' 30" 313.24 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 11. 191° 03' 296.00 Feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; -2- 12. 248° 40' 346.00 feet along the remainder of Tract I of Kukio-Ooma Government Tract; 13. 250° 22' 498.00 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 14. 232° 29' 652.00 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 15. 235° 15' 537.00 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 16. 226° 0T 529.00 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 17. 214° 30' 522.00 feet along the remainder of Tract 1 of Kukio-Ooma Goverrunent Tract; 18. 197° 09' 335.00 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 19. 177° O 1' 372.01 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 20. 233° 45' 498.04 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 21. 234° 13' 608.00 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 22. 226° 38' 393.00 feet along the remainder of Tract 1 of Kukio-Ooma Government Tract; 23. 335° 15' 12" 3794.62 feet along Grant 2121 to Pupule to the point of beginning and containing an area of 388.057 acres. -3- All as shown on the map attached hereto, marked 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. B. This project area shall be called the Manini`owali Project District. The development period for the Manini`owali Project District will be 20 years from the effective date of approval of the Project District Ordinance C. The Manini`owali Project District shall consist of not more than 388.057 acres for residential, golf course, golf clubhouse and tennis complex, open space and ancillary related development. Any amendment to this acreage shall require an amendment to the Manini`owali Project District Ordinance. D. The maximum number of residential units to be allowed within the Manini`owali Project District shall be 900 units. Any increase in the number of units shall require an amendment to the Manini`owali Project District Ordinance. Hotel and timeshare condominium or apartment units shall be prohibited within the Manini`owali Project District. E. The applicant shall provide perpetual open space areas of 150 feet and 400 feet widths each, respectively, along the entire makai (seaward) and mauka (east) boundaries of the subject property. In addition and in order to preserve these open areas and protect the respective viewplanes, no buildings and/or structures above ground shall be permitted within either area. Further, prior to the first occurrence -4- of either Final Subdivision Approval, Final Plan Approval, or any land alteration, the applicant shall prepare, submit for prior County approval, and then record the necessary metes and bounds descriptions and covenants in the Bureau of Conveyances to effect such conditions in perpetuity. A copy of the recorded document(s) shall then 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) Ordinance No. 96-160 are to be allowed in the Manini`owali Project District within the 388.057 acres for residential, golf course and ancillary related development: 1. Adult day care homes. 2. Bed and breakfast establishments, as permitted under section 25-4-7. 3. Boarding facilities, rooming, or lodging houses. 4. Commercial or personal service uses, on a small scale, as approved by the director, provided that the total gross floor area does not exceed one thousand two hundred square feet and a maximum of five employees. 5. Community buildings, as permitted under section 25-4-11. 6. Crop production. 7. Dwellings, double-family or duplex. 8. Dwellings, multiple-family. 9. Dwellings, single-family. 10. Family child care homes. 11. Golf courses, and related golf course uses, including golf driving ranges, golf maintenance buildings, golf clubhouses and restaurant associated with -5- the golf course. 12. Group living facilities. 13. Home occupations, as permitted under section 25-4-13. 14. Meeting facilities. 15. Model homes, as permitted under section 25-4-8. 16. Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational azeas and uses. 17. Public uses and structures, as permitted under section 25-4-11. 18. Temporary real estate offices, as permitted under section 25-4-8. 19. Wastewater treatment facilities. 20. 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. 21. Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted. H. The following design standazds shall apply: 1. Landscaping for the development shall comply with the Planning Department's Rule No. 17, Landscaping Requirements. Further, a landscaping plan shall be submitted for the golf course and golf course clubhouse as part of the plan review and approval process. Said landscaping shall incorporate, wherever possible, the predominant use of appropriate native Hawaiian plants and shall set aside areas for their preservation and/or propagation. 2. The minimum building site azea 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. -6- 4. The maximum allowable height limit for Multiple Family Residential development 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 Manini`owali 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) Multiple Family Residential Development (1) Front and rear yards, twenty feet; and (2) Side yards, eight feet for a one story building, plus an additional two feet for each additional story. 7. Exceptions to the regulations For the Manini`owali Project District regarding heights, building site areas, and yards, may be approved by the Planning Director within a planned unit development, or cluster plan development. 8. The minimum off-street parking and loading space requirements for the Manini`owali Project District will comply with the minimum standards as required by the Zoning Code, including compliance with the American Disabilities Act (ADA) requirements. 9. The portion of the designated landmark of Pu`u Kuili located on the south end of the property and the smaller unnamed pu`u located at the north end of the -7- subject property each shall remain in their natural state, and any construction and/or alteration of these areas shall be prohibited in perpetuity. Further, prior to the first occurrence of either Final Subdivision Approval, Final Plan Approval, or any land alteration, the applicant shall prepare, submit for County Planning Director approval, and then record the necessary metes and bounds description and covenant(s) in the Bureau of Conveyances to effect such conditions in perpetuity. A copy of the recorded document(s) shall then be provided to the County Planning Department. 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 development in the Manini`owali Project District. J. Construction of the residential units, 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 applicant shall provide assurance satisfactory to the Department of Water Supply and the Planning Director, upon consultation with the State Department of Health and Department of Land and Natural Resources, that water sources of sufficient quality and quantity has been established. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that water sources of sufficient quality and quantity can be established at the designated locations. L. Upon compliance with Condition 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 -g- residential 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. M. Access(es) to the project site shall meet with the approval of the Departments of Transportation-Highways Division and Public Works as follows: 1. Prior to or in conjunction with the first occurrence of either Final Subdivision Approval of any increment or occupancy permit gaining access from the respective intersection, the applicant, with the prior approval of the Department of Transportation, shall provide a fully channelized intersection, including but not limited to deceleration, acceleration and left-turn storage lanes, with Queen Ka`ahumanu Highway. The cost of such improvements shall be borne by the applicant and may be credited to or deducted from the applicant's fair share contribution for road and traffic improvements, as required under Condition (U). Unless otherwise provided herein, the location of this intersection shall be coordinated with and located immediately makai (west) of the existing access to the West Hawaii Veterans Cemetery. 2. If the applicant, the State Department of Transportation and Department of Land and Natural Resources are unable to reach a mutually satisfactory agreement within six (6) months of the effective date of this ordinance to coordinate and locate the main access road intersection makai (west) of the existing access to the West Hawaii Veterans Cemetery, then, in such case, the subject intersection shall be located at the existing permitted access point or at some other location approved by the Department of Transportation. -9- 3. A traffic monitoring program 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. 4. A roadway connection to the adjacent parcel along the northeast boundary shall be reflected in any of the approved subdivision or Plan Approval and shall be provided meeting with the approval of the Department of Public Works in conjunction with any development affecting said area. 5. No lots shall have direct access from the Queen Ka`ahumanu Highway. N. Should access to the project site be situated makai of the West Hawaii Veterans Cemetery access and if irrigation water is deemed necessary by the County Parks and Recreation Department, the applicant shall provide a minimum of 1,200 gallons per day of irrigation or non-potable water up to the Queen Ka`ahumanu Highway entrance to the West Hawaii Veterans Cemetery. Any extension beyond that point would be subject to the mutual agreement of the applicant and the County. Said water and system shall be in place prior to or in conjunction with issuance of occupancy permit for the proposed golf course or final subdivision approval of any increment gaining access from the respective intersection. Further, the cost of said improvements, including the channelized and access improvements, shall be credited to or deducted from the applicant's fair share contribution for park and recreational improvements and facilities and road and traffic improvements, as required under Condition U. O. A detailed drainage study, if required, shall be prepared by the applicant for review and approval by the Department of Public Works prior to submittal of -10- plans for Subdivision and/or Plan Approval review of the residential and golf course, whichever occurs first. The study shall take into consideration the file 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 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. P. 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. Q. A wastewater treatment system shall be constructed to service the residential development meeting with the approval of the Department of Health. R. An Emergency Preparedness and Response Plan shall be submitted for review by the Planning Department in consultation with the Fire Department 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. S. A Final Comprehensive Public Access Plan, to be developed in accordance with applicable conditions of approval of the Land Use Commission Decision and Order (Docket No. A92-677) and Land Exchange Agreement, shall be submitted in conjunction with golf course plans submitted for plan approval review or with any residential development, whichever occurs first. The plan shall be submitted for the review and approval by the Planning Director, upon consultation with the -11- Department of Land and Natural Resources (DLNR), and shall include mauka- makai, bike, pedestrian and vehicular access; parking areas and restroom facilities on State land located makai of the subject property and at locations approved by the DLNR, signage, emergency response considerations, restrictions on use (if any), and related improvements. Implementation of the public access plan shall be completed no ]ater than the opening of the golf course or Final Subdivision Approval of any residential increment. T. 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 area. U. The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $7,239.16 per single-family residential unit and $4,645.29 per multiple-family _12_ residential unit. Based upon the applicant's representation of intent to develop up to nine hundred single family_and multiple-family residential units, the indicated total of fair share contribution is $6,515,244.00 for single-family residential units. However, the actual amount shall be increased or reduced in proportion with the actual number of single family and multiple family units according to the calculation and payment provisions set forth in this Condition U. The fair share contribution shall be allocated as follows: 1. $3,490.85 per single-family residential unit for an indicated total of $3,141,765.00 to the County to support park and recreational improvements and facilities; 2. $168.40 per single-family residential unit for an indicated total of $151,560 to the County to support police facilities; 3. $332.61 per single-family residential unit for an indicated total of $299,349 to the County to support fire facilities; 4. $145.62 per single-family residential unit for an indicated total of $131,058 to the County to support solid waste facilities; and 5. $3,101.68 per single-family residential unit for an indicated total of $2,791,512.00 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute 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 approval of the director. The cost of providing and constructing the improvements required in Condition M shall be credited against the sum specified in Condition U (5) for road and traffic improvements, and the -13- cost of providing and constructing the improvements in Condition N shall be credited against the sum specified in Condition U(5) and (1). For purposes of administering Condition U, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements. V. An Archaeological Data Recovery Plan and Preservation Plan shall be submitted for the review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD). 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. Proposed mitigation treatment (preservation in place or disinternmenUreinternment) for burial sites within the subject property shall be approved by the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Data Recovery Plan and Preservation Plan shall be submitted to the Planning Director for its files prior to submitting plans for subdivision review or prior to any approval for any land alteration permits, whichever occurs first. W. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be -14- 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. X. 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 towazds the requirements of the Unified Impact Fees Ordinance. Y. The applicant shall comply with all conditions of approval of the Land Use Commission Decision and Order (Docket No. A92-677) and Exchange Deed and Agreement to Exchange dated December 28, 1990 (Document No. 92-038660), and shall not seek any amendments to said Agreement. A copy of the written documentation of compliance with these conditions shall also be submitted to the Planning Director. Z. Comply with all other applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property. AA. 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. -15- BB. Twenty (20) years from the effective date of the Manini`owali 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. CC. An initial extension of time for the performance of conditions within the 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 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 year 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 -16- Council for appropriate action. DD. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area 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. INTRODUCE Y: O 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 AQ~OVfED'AS, T~~FORM AND LEGALITY pcPllTY ~pRpOR O"N CpUN , DATED:: - ~/~~IOc -17- ~`'3~`~ Kua gay c p i ti p v-z. o ~ '`Ji v' / O ~i 1 O r n li , a{ O OPEN (0) TO ` PROJECT DISTRICT ?i ?i AREA: 3Ed.OS7 ACRES ; ~F-- , p ~ i 18.991.62 N es"~o w O , ~ ; ~ 8.699.99 W ~ `jam--= "AKAHIPUU" A - Y% O ~p a( 7o Kailua QUEEN KAAHUMANU HIGHWAY , To Waikoloa lip O p AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE B, CHAPTER 25, (ZONING CODE) Of THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO PROJECT DISTRICT AT KUKIO 2ND AND MANINIOWAU, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-2-04: 18 NOVEMBER S. 1999 EXHIBIT "A' li(~y]i' OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii (Draft 9) R0~IJOALL~~IE ~ AYES NOES ABS ~ EX Introduced By: Bobby Jean Leithead-Todd Arakaki Xr - Date Introduced: January 5, 2000 Chung X ` First Reading: January 5, 2000 Elarionoff X Published: January 14 & 17 2000 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 ABS EX Returned: January 27, 2000 Arakaki X Effective: January 27, 2000 2000 Chung X Published: February 7, Elarionoff X Jacobson X REMARKS: Leithead-Todd Pisicchio X Smith X Tyler X Yagong X 7 1 1 0 I DO HEREBYCERTIFYIhaI the foregoinK 6LLL taus adopted fi}~ the Cnanh~ C'nuncil ~~ubli.~~hecl o,c indicated above. APPROVED AS TO FORM AND LEGALITY: ~EPUTY CORPORATION COUNSEL COUNTY OF HAWAII C{ CHA/RMAN Date1~~~/I?,t t -7 NTY ('LERK Approved/Bfarrpprevecl this ~ ( day of (n.c-( ~~oap BiIINo.: 179 (Draft 9) MAYOR, COUrVPYOFHAWA77 Reference: C- 66/ -77 Ord. Na: