HomeMy WebLinkAboutORD 1998-070 1996-1998COUNTY OF HAWAI: -,STATE OF HAWAII
M •. - � .R
'j• �. w• ' BILL NO. 240
(Draft 3)
ORDINANCE NO. 98
AN ORDINANCE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) AND
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 DOUBLE -FAMILY RESIDENTIAL (RD -3.75) AND
AGRICULTURAL (A -5a) TO MULTIPLE -FAMILY RESIDENTIAL (RM -1) AT
HIENALOLI 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-10:15.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-5, 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 Hienaloli 2nd, North
Kona, Hawaii, shall be Multiple -Family Residential (RM -1):
Parcel 1:
Beginning at the Southwesterly corner of this parcel of land, being also the
Northwesterly corner of Lot A and being a point on the Easterly side of Hualalai Road,
the coordinates of said point of beginning referred to Government Survey Triangulation
Station "KAILUA (NORTH MERIDIAN)" being 2,004.53 feet South and 2,084.48 feet
East and running by azimuths measured clockwise from True South:
1. 1680 25' 205.34 feet along the Easterly side of Hualalai Road
to a point;
2. 1150 05' 297.57 feet along the Easterly side of Hualalai Road
to a point;
Thence, for the next five (5) courses following along Parcel 14 of the Keopu
Channel Improvement and along the remainder of Land Commission Award 7716,
Apana 5 to R. Keelikolani:
3. 1680
27'
19.00
feet to a point;
4. 2580
27'
80.00
feet to a point;
5. 3480 27' 5.00
feet to a point;
6. 2580 27' 191.51
feet to a point;
Thence, following on a curve to the
right with a radius of 3,975.00 feet, the chord
azimuth and distance being:
7. 2590 10' 45" 101.17
feet to a point;
8. 2590 54' 30" 191.68
feet along Parcels 14 and 13 of the Keopu
Channel Improvement and along the
remainders of Land Commission
Award 7716, Apana 5 to R. Keelikolani and
Royal Patent 7904, Land Commission
Award 4226 to Kuae to a point;
Thence, for the next three (3) courses following along Parcel 13 of the Keopu
Channel Improvement and along the remainder of Royal Patent 7904, Land
Commission Award 4226 to Kuae:
9. 1690 54' 30" 5.00
feet to a point;
10. 2590 54' 30" 130.00
feet to a point;
11. 2650 21' 29.81
feet to a point;
12. 3450 21' 239.18
feet along Land Commission Award 7716,
Apana 5 to R. Keelikolani, along Lot A and
along Royal Patent 1930, No. 1 to Asa
Thurston, Land Commission Award 387,
Part 4, Section 2 to American Board of
Commissioners for Foreign Missions to a
point;
13. 770 55' 73.21
feet along Lot A and along Royal
Patent 1930, No. 1 to Asa Thurston, Land
Commission Award 387, Part 4, Section 2 to
American Board of Commissioners for
Foreign Missions to a point;
-2-
14. 590 05' 450.27 feet along Lot A and along Royal
Patent 1930, No. 1 to Asa Thurston, Land
Commission Award 387, Part 4, Section 2 to
American Board of Commissioners for
Foreign Missions to the point of beginning
and containing an area of 4.063 Acres.
(Refer to Parcel 1 as shown on Exhibit "A.")
SECTION 2. 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 Hienaloli 2nd, North
Kona, Hawaii, shall be Multiple -Family Residential (RM -1):
Parcel 2:
Beginning at the Southeasterly corner of this parcel of land, being also the
Northeasterly corner of Lot A, an angle point on the Southerly boundary of Parcel 14 of
the Keopu Channel Improvement and being the Northwesterly corner of Parcel 17 of the
Keopu Channel Improvement, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being
1,619.66 feet South and 2,975.56 feet East and running by azimuths measured clockwise
from True South:
Thence, for the next three (3) courses following along Lot A and along Royal
Patent 1930, No. 1 to Asa Thurston, Land Commission Award 387, Part 4,
Section 2 to American Board of Commissioners for Foreign Missions:
1.
720
40'
5.36
feet to a point;
2.
790
46'
6.16
feet to a point;
3.
720
39' 30"
443.06
feet to a point;
4. 1650 21' 235.62 feet along Royal Patent 7904, Land
Commission Award 4226 to Kuae to
a point;
Thence, for the next four (4) courses following along Parcel 14 of the Keopu
Channel Improvement and along the remainder of Land Commission Award 7716,
Apana 5 to R. Keelikolani:
-3-
a
5. 2650 21'
6. 3130 45'
7. 2590 54' 30"
83.56 feet to a point;
147.69 feet to a point;
266.83 feet to a point;
8. 3170 24' 30" 60.62 feet to the point of beginning and
containing an area of 1.150 Acres.
(Refer to Parcel 2 as shown on
Exhibit "A".)
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 3. These changes in district classification are conditioned upon the following:
A. The applicant, its successors or assigns, shall be responsible for complying with
all conditions of the change of zone.
B. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
C. Construction of the proposed development shall be completed within five (5)
years from the effective date of this ordinance. Prior to commencing
construction, Final Plan Approval for the proposed improvements shall be
secured from the Planning Director in accordance with Chapter 25-2-70 of the
Zoning Code. Plans shall identify the proposed structures, vehicular traffic,
paved driveway access and parking stalls associated with the proposed use.
Landscaping shall also be indicated on the plans and be provided for the purpose
of mitigating any adverse noise or visual impacts to adjacent properties.
Landscaping along the project site's boundaries shall be provided to the extent
that a continuous, unbroken, heavy planting screen, no less than 5 feet in height,
is established prior to the issuance of a certificate of occupancy.
-4-
D. Access to the subject property from Hualalai Road shall meet with the
requirements of the Department of Public Works. The entrance roadway sight
distance shall meet the requirements of the Statewide Design Manual.
E. Hualalai Road shall be improved equal to half the difference between 50 feet and
the existing right-of-way width, meeting with the approval of the Department of
Public Works and prior to the issuance of a certificate of occupancy. These
improvements shall be dedicated to the County of Hawaii upon its request.
F. In order to ensure the safety of bicyclists and pedestrians, the applicant shall
construct curb, gutter and sidewalks, and relocate utilities, along the entire
Hualalai Road frontage of the property meeting with the approval of the
Department of Public Works. All these improvements shall be completed prior
to the issuance of a certificate of occupancy.
G. A Traffic Impact Analysis Report to enable proper design of roadways shall be
prepared and submitted for approval by the Department of Public Works prior
to submittal of plans for Plan Approval review.
H. A Drainage Study shall be prepared for review and approval by the Department
of Public Works. The drainage study shall be submitted to Federal Emergency
Management Agency (FEMA) and a letter of map revision (LOMR) or a
Physical Map Revision (PMR) shall be issued prior to construction, if required.
I. Sewer lines shall be installed within the development to tie in with the
Kealakehe Wastewater Treatment Plan, meeting with the approval of the
Department of Public Works and prior to the issuance of a certificate of
occupancy.
-5-
J. A Solid Waste Management Plan for the development shall be prepared and
submitted for approval by the Department of Public Works prior to issuance of a
certificate of occupancy for any portion of the project. A copy of the approved
Plan shall be submitted to the Planning Department for its files.
K. To ensure that the goals and policies of the Housing Element of the General
Plan are implemented, the applicant shall, if required, comply with the
requirements of Chapter 11, Article 1, Hawaii County Code, relating to
Affordable Housing. If the site is developed as an Assisted Living Facility as
proposed, this condition shall not apply.
L. A Cultural Resources Management Plan shall be submitted for sites
recommended for preservation including the Kuakini Wall. The management
plan shall include provisions for buffer areas, structural setbacks and a
maintenance program shall be submitted to the Department of Land and Natural
Resources -Historic Preservation Division (DLNR-HPD) and the Planning
Department for review and approval. Approval of the plan shall be secured
from the DLNR-HPD prior to final plan approval of any portion of the subject
property.
M. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials 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 finds that sufficient mitigative measures have been
taken.
N. 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
multiple -family residential units proposed by the amounts allocated hereinbelow
for each such unit, 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 $4,645.29 per multiple -family residential unit. Based upon the
applicant's representation of intent to develop up to 129 residential units, the
indicated total of fair share contribution is $599,242.41 for multiple -family
residential units. However, the total amount shall be increased or reduced in
proportion with the actual number of units according to the calculation and
payment provisions set forth in this Condition N. The fair share contribution
shall be allocated as follows:
1. $2,291.39 per multiple -family residential unit for an indicated total of
$295,589.31 to the County to support park and recreational
improvements and facilities;
2. $72.42 per multiple -family residential unit for an indicated total of
$9,342.18 to the County to support police facilities;
3. $222.77 per multiple -family residential unit for an indicated total of
$28,737.33 to the County to support fire facilities;
4. $99.29 per multiple -family residential unit for an indicated total of
-7-
$12,808.41 to the County to support solid waste facilities; and
5. $1,959.42 per multiple -family residential unit for an indicated total of
$252,765.18 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 N shall be credited against
the sum specified in Condition N (5) for road and traffic improvements. For
purposes of administering Condition N, 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.
If the assisted living facility is constructed, there will be minimal impact on road
and park improvements when compared with the 47 single family homes which
could be constructed under the current RD -3.75 zoning. In recognition of this
and the public interest in providing assisted living facilities, the fair share
contribution for roads and parks shall not apply, and the remaining fair share
IM
•
contributions shall be imposed.
O. 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.
P. Comply with all other applicable laws, rules, regulations and requirements of
affected agencies for approval of the proposed development within the subject
property.
Q. An annual progress report shall be submitted to the Planning Director prior to
each anniversary date of the approval of this change of zone. The report shall
address in detail the status of the development 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.
R. An initial extension of time for the performance of conditions within the
ordinance may be granted by the 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
In
I
reasons for the granting of the change of zone.
4. The time extension 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).
S. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director shall initiate rezoning of the subject property to its
original or more appropriate designation.
SECTION 4. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
INTROD410ED:•
Hilo, Hawaii
Date of Introduction:
June
1,
1998
Date of 1st Reading:
June
1,
1998
Date of 2nd Reading:
June
16,
1998
Effective Date:
July
2,
1998
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-10-
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A -55.Y PL.
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1,619.66 S
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2,975.56 E
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PL.
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STREET em -/
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h RESIDENTIAL (RD -3.75)
----- TO MULTIPLE—FAMILY
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D
j bs RESIDENTIAL (RM -1)
Q zM /
CV -7.5
AREA: 4.065 ACRES
75
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c V11- 7.5 PARCEL 2:
STREET
AGRICULTURAL (A -5a)
ALAHOU
/ TO MULTIPLE—FAMILY
KM -
RESIDENTIAL (RM -1)
cv-
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A -la AREA: 1.150 ACRES
7.5 M
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cv -7.5
KALAWA STREET
2,004.53 S
A -la A'M -Z
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2,084.48 E
"KAILUA
(NORTH
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CV -7.5 cV -7.5
MERIDIAN"
KUAKINI
HIGHWAY
AMENDMENT TO
THE ZONING CODE
AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) AND 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 DOUBLE—FAMILY RESIDENTIAL (RD -3.75)
AND AGRICULTURAL (A -5a) TO MULTIPLE—FAMILY RESIDENTIAL (RM -1) AT HIENALOLI 2ND,
NORTH KONA, HAWAII.
PREPARED BY
: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 7-5-10:15
APRIL 15, 1998
EXHIBIT" A"
(REGENCY PACIFIC. INC.
4 r
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
Bobby Jean Leithead-Todd
June 1, 1998
June 1, 1998
June 8, 1998
June 16. 1998
June
16,
1998
July
2,
1998
July
2,
1998
July
10,
1998
�fi7�iie?il
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. AP7`RVFD AS T
FORM AND LEGALITY:
DEP! JTY CGRF0,c A T ;Ott COW-4:;EL
COUNTY OF IiAWAIII
Date Ota 2' :, 1996
Approved/iWM9rpP8*ed this 2 day C N L CHAIRMAN
Of 19_.
COUNTY CLERK
Bill No.: 240 ( Draft 3 )
Reference: C-830.03/PC-118
Ord. No.: 98 70
ROLL CALL VOTE
AYES NOES ABS EX
kaki
X.
Chung
X
Leithead-Todd
X
Ray
x
Reynolds
X
Santangelo
X
Smith
X
Tyler
X
Yagong
X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. AP7`RVFD AS T
FORM AND LEGALITY:
DEP! JTY CGRF0,c A T ;Ott COW-4:;EL
COUNTY OF IiAWAIII
Date Ota 2' :, 1996
Approved/iWM9rpP8*ed this 2 day C N L CHAIRMAN
Of 19_.
COUNTY CLERK
Bill No.: 240 ( Draft 3 )
Reference: C-830.03/PC-118
Ord. No.: 98 70
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Chung
X
Leithead-Todd
X
Ray
X
Reynolds
X
Santangelo
X
Smith
X
Tyler
X
Yagong
X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. AP7`RVFD AS T
FORM AND LEGALITY:
DEP! JTY CGRF0,c A T ;Ott COW-4:;EL
COUNTY OF IiAWAIII
Date Ota 2' :, 1996
Approved/iWM9rpP8*ed this 2 day C N L CHAIRMAN
Of 19_.
COUNTY CLERK
Bill No.: 240 ( Draft 3 )
Reference: C-830.03/PC-118
Ord. No.: 98 70