HomeMy WebLinkAboutORD 1989-110 1988-1992COUNTY OF HAWAII,,:'.,_ _STATE OF HAWAII
Bill No. 681
(Draft 5)
ORDINANCE NO. 89 110
AN ORDINANCE AMENDING SECTION 25 -89 (KAILUA URBAN ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY
RESIDENTIAL (RM -3) TO MULTIPLE FAMILY RESIDENTIAL (RM -2) AT
PUAA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7 -5 -10:6.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -89, Article 3, 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 Puaa 1st, North Kona, Hawaii, shall be
Multiple Family Residential (RM -2):
Beginning at a pipe in concrete marked "29" at the
Southwest corner of this parcel of land, being also the
Southeast corner of Lot 4 -B on the boundary between
Puaa 1st and Puaa 2nd and being a point on the Great wall
of Kuakini, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"KAHELO" being 4,606.57 feet North and 29.02 feet West and
running by azimuths measured clockwise from True South:
1. 1660 38' 421.96 feet along the Great
Wall of Kuakini and
along Lot 4 -B to a pipe
in concrete marked 028";
2. 2630 33' 50" 1,237.79 feet along Land Court
Application 1874
(Amended) to a pipe in
concrete marked 031"
and passing over a pipe
in concrete marked "71"
at 1,233.04 feet;
Thence, following along the Southwesterly side of
Hualalai Road along an existing stonewall, the direct
azimuth and distance being:
3. 2920 18' 758.53 feet to a pipe in
concrete marked "33 "•
4. 780 33' 1,255.65 feet along Lot 2 -A and
along Grant 1744 to
Kahaunaele to a pipe in
concrete marked "30 "•
5. 880 50' 604.00 feet along Lot 2 -A and
along Grant 1744 to
Kahaunaele to the point
of beginning and
containing an area of
15.4 Acres, more or
less.
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) The applicant shall submit
the required water commitment payment to the Department of
Water Supply in accordance with its Rules and Regulations
within ninety days from the date of approval of the change of
zone. The zoning of the property shall not be in effect until
the payment is accepted by the Department of Water Supply and a
water commitment is formally issued; (C) Final Plan Approval
for Phase I development consisting of a maximum of 114 units
shall be secured from the Planning Department within one year
from the effective date of the change of zone. To assure
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adequate time for plan approval review and in accordance with
Chapter 25 -244 (Zoning Code), plans shall be submitted a
minimum of forty -five days prior to the date by which plan
approval must be secured. Parking shall comply with the
requirements of Chapter 25 (Zoning Code); (D) Construction of
the Phase I development and related improvements shall commence
within one year from the date of receipt of Final Plan Approval
and be completed within two years thereafter; (E) The
development of Phases II and III may commence after water
improvements as required by the Department of Water Supply have
been installed; (F) A drainage system shall be installed
meeting with the approval of the Department of Public Works;
(G) Access(es) to the property shall be via Hualalai Road and
shall meet with the approval of the Department of Public Works;
(H) A traffic impact study meeting with the approval of the
Department of Public Works shall be submitted at the time of
plan approval review. The findings of this study shall be used
to determine what mitigating measures the Department of Public
Works shall require to reduce the impact from development
generated traffic; (I) A 5 -foot wide strip along Hualalai Road
shall be set aside for future road widening purposes. No
structural improvements shall be allowed within this 5 -foot
wide strip. Further, the minimum setback shall be taken from
this future road widening line; (J) The method of sewage
disposal shall meet with the approval of the appropriate
3
governmental agencies; (K) The Great Wall of Kuakini, situated
on the makai property line, shall not be disturbed;
(L) To ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented as proposed, the
applicant shall work with the Office of Housing and Community
Development and the Planning Department to formulate a housing
plan for the development to assure it addresses the affordable
housing needs of the community. [This housing plan shall be
approved by the County Housing Agency prior to the issuance of
a building permit for the project;] "Affordable housing units
provided to satisfy this requirement shall be subject to the
following guidelines:
1. A maximum of 60% of the 2 and 3 bedroom
units developed shall be offered for rent
in the range between $650 -$850 per month,
without utilities, distributed as provided:
"CLASS I UNITS
Unit Size Base Monthly Rent* Number of Units **
2 bedroom 1 bath 650 34
2 bedroom 2 bath 700 33
3 bedroom 2 bath $775 33
CLASS II UNITS (Improved amenities and location)
flni f- q 7P
2 bedroom 2 bath
3 bedroom 2 bath
Base Monthly Rent*
Number of Units **
$825 51
$850 51
2. Rental guidelines shall be in effect for a
minimum of ten years;
3. Adjustments to the rental rates shall be
made as HUD annually updates median income
figures for their Federal Housing Programs;
4. Adjustments to the rental rates may also be
considered when justified by extraordinary
circumstances beyond the control of the
petitioner, his successors or assigns."
V
(M) The applicant shall consider the master plan of the
neighboring Pacific and Asia Christian University, when
designing its project's layout. In particular, the applicant
shall plan for adequate setback and appropriate noise barriers
to mitigate noise which may be generated by the University's
proposed assembly facility and other facilities which may
produce social noise; (N) Should any unanticipated
archaeological /historical sites or features of importance be
uncovered during land preparation activities, work in the
affected area shall cease immediately and the Planning Director
shall be notified. Work in the affected area shall not resume
until such time that clearance is obtained from the Planning
Director; (0) All other applicable laws, rules, regulations and
requirements be complied with; (P) Should the council adopt a
Unified Impact Fees ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees,
conditions included herein may, at the developer's election, be
satisfied by performance in accordance with the requirements of
the Unified Impact Fees Ordinance; (Q) An annual progress
report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the zone change. The
report shall address 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 Planning Director acknowledges
that further reports are not required; and, (R) An initial
extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the
5
following circumstances: 1) the non - performance is the result
of conditions that could not have been foreseen or are beyond
the control of the applicants, 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; and 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); and 5) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of
the conditions not be met or substantially complied with in a
timely fashion, the Director shall initiate rezoning of the
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.
INT ODUCED BY:
CO CI MEMBER, COUNTY OF ,gAII
Hilo, Hawaii
Date of Introduction:
April
5,
1989
Date of 1st Reading:
April
5,
1989
Date of 2nd Reading:
August
2,
1989
Effective Date:
August
7,
1989
9
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AMENDMENT TO THE ZONING CODE
AMI ENDING SCCTION �S -SaJ (KAILUA URDAN ZONE
MAP) ARTICLC 3, CHAPTER -a5
(zONING COL3C - -) or-
THE HAWAII COUNTY CODE, 15Y
CHANGING THE
D1STR)CT CLASSIFICATION FROM MULTIPLE
FAMILY 1QESIbE1V-r1AL (mm-S)
To MULTIPLE
FAMILY (RM --2)
AT l°uAA 1ST,
NORTH KONA, HAWALI-
PRCPAt2Ep 15Y = I°L.ANNING' pEPARTM> =NT
CouNTY of
1-iAWAII
TMK = 7-5 -IO = 6
ocT- 7 1_e�88
EXHIBIT 11 A11