HomeMy WebLinkAboutBIL 023 Draft 01 2018-2020 -01
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 23
ORDINANCE NO.
AN ORDINANCE AMENDING: (1) ORDINANCE NO. 09-049, WHICH AMENDED
ORDINANCE NO. 95-118, WHICH AMENDED ORDINANCE NO. 92-036, WHICH
RECLASSIFIED LANDS FROM UNPLANNED (U) AND DOUBLE-FAMILY RESIDENTIAL
—3,750 SQUARE FEET (RD-3.75) TO MULTIPLE FAMILY RESIDENTIAL—2,500
SQUARE FEET (RM-2.5) AND VILLAGE COMMERCIAL—7,500 SQUARE FEET (CV-7.5),
RESPECTIVELY, AT HIENALOLI 4TH AND 5TH,NORTH KONA, HAWAII, TAX MAP
KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:063); AND (2) ORDINANCE NO.
09-050, WHICH AMENDED ORDINANCE NO. 06-138, WHICH AMENDED ORDINANCE
NO. 90-010, WHICH AMENDED ORDINANCE NO. 86-049, WHICH RECLASSIFIED
LANDS FROM MULTIPLE FAMILY RESIDENTIAL—2,000 SQUARE FEET (RM-2) TO
VILLAGE COMMERCIAL—7,500 SQUARE FEET (CV-7.5) AT HIENALOLI 5TH AND
6TH,NORTH KONA, HAWAII, TAX MAP KEY: 7-5-010: PORTION OF 013 (FORMERLY
7-5-023:064 AND 067).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 1 and Section 2 of Ordinance No. 92-036 are repealed.
SECTION 2. Section 1 of Ordinance No. 86-049 is repealed.
SECTION 3. The district classification of the following area situated at Hienaloli 4th
North Kona, Hawai`i shall be Multiple Family Residential (RM-2.5):
Beginning at the Southwesterly corner of this parcel,of land, being also a point
on the Northerly boundary of Lot 375 of Aloha Kona Subdivision (File Plan 871),
the coordinates of said point of beginning referred to Government Survey
Triangulation Station"KAILUA (NORTH MERIDIAN)"being 1,994.27 feet South
and 2,638.27 feet East and running by azimuths measured clockwise from True
South:
-1-
Thence, for the next seven(7) courses following along the remainders of Lot
A-1 and Royal Patent 1600 and 1930 to Asa Thurston, Land Commission
Award 387, Part 4, Section 2 to the American Board of Commissioners for
Foreign Missions:
1. 160° 09' 29.34 feet along stonewall to a point;
2. 172° 05' 19.70 feet partially along stonewall to a
point;
3. 164° 48' 25.00 feet to a point;
4. 156° 40' 58.10 feet partially along stonewall to a
point;
5. 141° 07' 50.20 feet along stonewall to a point;
6. 146° 49' 35.90 feet along stonewall to a point;
7. 172° 31' 42.02 feet along stonewall to a point;
8. 257° 55' 2.01 feet along stonewall and along
Royal Patent 7904, Land
Commission Award 4226 to Kuae
to a spike (found);
9. 165° 21' 3.56 feet along stonewall and along Royal
Patent 7904, Land Commission
Award 4226 to Kuae to a 1/2 inch
pipe (found);
10. 252° 39' 30" 443.06 feet along Land Commission Award
7716, Apana 5 to R. Keelikolani to a
point;
11. 259° 46' 6.16 feet along Land Commission Award
7716, Apana 5 to R. Keelikolani to a
1/2 inch pipe in concrete (found);
12. 252° 40' 5.36 feet along Land Commission Award
7716, Apana 5 to R. Keelikolani to a
point;
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Thence, for the next four(4) courses following along the Southerly side of the
Keopu Channel Improvement Parcel 17 (County of Hawaii, Owner):
13. 317° 24' 30" 73.20 feet to a point;
Thence, following on a curve to the left with a radius of 150.00 feet, the chord
azimuth and distance being:
14. 305° 09' 30" 63.65 feet to a 1/2 inch pipe (found);
15. 292° 54' 30" 197.59 feet to a point;
16. 342° 48' 16.26 feet to a 1/2 inch pipe (found);
17. 72° 51' 37" 642.08 feet along Lots 361, 362, 363, 364,
365, 371, 372, 373, 374 and 375 of
Aloha Kona Subdivision (File Plan
871) and along Land Commission
Award 8524-B, Part 3 to Peke to a
rebar in concrete (found);
18. 80° 55' 37" 11.25 feet along Lot 375 of Aloha Kona
Subdivision(File Plan 871) and
along Land Commission Award
8524-B, Part 3 to Peke to the point of
beginning and containing an area of
3.227 Acres.
SECTION 4. The district classification of the following area situated at Hienaloli 4th
North Kona, Hawai`i shall be Village Commercial (CV-7.5):
Beginning at a 1/2 inch pipe (found) at the Northwesterly corner of this parcel
of land,being also the Northeasterly corner of Lot A-2 (Road Widening Lot) and
being an angle on the Northeasterly side of Hualalai Road, the coordinates of said
point of beginning referred to Government Survey Triangulation Station"KAILUA
(NORTH MERIDIAN)"being 2,004.99 feet South and 2,083.75 feet East and
running by azimuths measured clockwise from True South:
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1. 239° 05' 449.95 feet along Lot 1 and along Land
Commission Award 7716, Apana 5
to R. Keelikolani to a 1/2 inch pipe
in concrete(found);
2. 257° 55' 71.20 feet partially along stonewall and
along Royal Patent 7904, Land
Commission Award 4226 to Kuae to
a point;
Thence, for the next seven (7) courses following along the remainder of Lot
A-1 and along the remainder of Royal Patent 1600 and 1930 to Asa Thurston,
Land Commission Award 387, Part 4, Section 2 to the American Board of
Commissioners for Foreign Missions:
3. 352° 31' 42.02 feet along stonewall to a point;
4. 326° 49' 35.90 feet along stonewall to a point;
5. 321° 07' 50.20 feet along stonewall to a point;
6. 336° 40' 58.10 feet partially along stonewall to a
point;
7. 344° 48' 25.00 feet along stonewall to a point;
8. 352° 05' 19.70 feet along stonewall to a point;
9. 340° 09' 29.34 feet along stonewall to a point;
10. 80° 55' 37" 69.16 feet along Lot 376 of Aloha Kona
Subdivision (File Plan 871) and
along Land Commission Award
8524-B, Part 3 to Peke to a 1/2 inch
pipe in concrete(found);
11. 342° 04' 37" 110.94 feet along Lot 376 of Aloha Kona
Subdivision(File Plan 871) and
along the remainder of Land
Commission Award 8524-B, Part 3
to Peke to a point;
-4-
Thence, for the next six (6) courses following along Lot A-2 (Road
Widening Lot):
12. 72° 00' 40" 105.80 feet along the remainders of Land
Commission Award 8524-B, Part 3
to Peke and Grant S-15700 to James
F. Boe to a point;
Thence, following along the remainder of Grant S-15700 to James F. Boe on a
curve to the right with a radius of
470.00 feet, the chord azimuth and
distance being:
05" 146.08 feet to a point;
13. 80° 57' p ,
14. 89° 53' 30" 86.32 feet along the remainder of Grant
S-15700 to James F. Boe to a point;
Thence, from a tangent azimuth of 101° 22' 20" following along the
remainders of Grant S-15700 to
James F. Boe, Land Commission
Award 8524-B, Part 3 to Peke and
Royal Patent 1600 and 1930 to Asa
Thurston, Land Commission Award
387, Part 4, Section 2 to the
American Board of Commissioners
for Foreign Missions on a curve to
the right with a radius of 250.00 feet,
the chord azimuth and distance
being:
15. 122° 49' 182.80 feet to a point;
16. 144° 15' 40" 17.58 feet along the remainder of Royal
Patent 1600 and 1930 to Asa
Thurston, Land Commission Award
387, Part 4, Section 2 to the
American Board of Commissioners
for Foreign Missions to a point;
-5-
17. 152° 21' 54.43 feet along the remainder of Royal
Patent 1600 and 1930 to Asa
Thurston, Land Commission Award
387, Part 4, Section 2 to the
American Board of Commissioners
for Foreign Missions to the point of
beginning and containing an area of
3.240 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by
reference made a part hereof.
SECTION 5. Section 1 of Ordinance No. 09-049 is repealed.
SECTION 6. Section 1 of Ordinance No. 09-050 is repealed.
SECTION 7. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) 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, successors, or assigns shall be responsible for complying with all of the
stated conditions of approval.
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B. The proposed project should remain in concept an independent senior living facility.
[The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within one hundred eighty(180) days from the effective date of this amendment.]
C. Prior to the issuance of a water commitment by the Department of Water Supply
(DWS), the applicant shall submit the anticipated maximum daily water usage
calculations as prepared by a professional engineer licensed in the State of
Hawai`i to the DWS. A water commitment deposit shall be paid to the DWS
within 180 days from the effective date of this ordinance in accordance with Rule
5 of the Department of Water Supply's Rules and Regulations for the initial
commitment of 50 units of water. The applicant shall obtain water commitments
to develop the requested number of residential units prior to submitting plans for
Final Plan Approval for any portion of the project. The applicant is responsible for
maintaining valid water commitments to support the proposed use until such time
that required water facilities charges are paid in full.
[&]D. Construction of the proposed development shall be completed within five (5)
years from the effective date of this [.::' ':-. . - -- ] ordinance. Prior to
construction, the applicant, successors or assigns shall secure Final Plan Approval
for the amended proposed development from the Planning Director in accordance
with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code.
[D ]E. A future road widening strip along the Hualalai Road project frontage as
determined by the Department of Public Works shall be [subdivided and]
dedicated to the County [within two years from the effective date of this
amendment]prior to the issuance of a Certificate of Occupancy.
-7-
[E7]F. The applicant shall realign and provide collector street improvements to the entire
project frontage along Hualalai Road consisting of, but not limited to, right-of-
way and pavement reconstruction and widening with concrete curb, gutter and
sidewalk, drainage improvements; streetlights, signs and markings and any
relocation of utilities, meeting with the approval of the Department of Public
Works. Unless prevented by circumstances beyond the applicant's control or
otherwise approved by DPW, the [The] widened and improved area shall provide
for opposing left turn lanes along with any necessary pavement transitions. The
applicant shall construct the additional improved street right-of-way at no cost to
the County, prior to receipt of a Certificate of Occupancy.
[F7]G. Access to Hualalai Road shall be limited to one approach, located as approved by
the Department of Public Works. An additional gated access should be provided
at the mauka end of the property to the existing County flood control access road
for emergency access purposes and be gated. Unless prevented by circumstances
beyond the applicant's control or otherwise approved by DPW, the [The]
applicant shall provide a left turn storage lane on Hualalai Road to the subject
property prior to the issuance of a Certificate of Occupancy. All sight distances to
the approach shall meet the requirements of the Hawai`i Statewide Uniform
Design Manual (AASHTO).
[67]H. Any utility poles in the road right-of-way shall be installed as shown on DPW
Standard Detail R-35 (Revised). The applicant shall provide any necessary
easements for installation of such utilities.
[I ]I. Any vehicular security gate shall be located a minimum of 60 feet (exclusive of
gate swing) from the proposed Hualalai Road right-of-way with a turnaround on
the County road side of the gate. This 60-foot requirement shall not apply to the
emergency access.
-8-
[L]J. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
[J]K. A drainage study shall be prepared by a licensed civil engineer and submitted to
the Department of Public Works. The recommended drainage system shall be
constructed, meeting with the approval of the Department of Public Works, prior
to the issuance of a Certificate of Occupancy.
L. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawai`i County Code.
M. Comply with Chapter 11-55, Water Pollution Control, Hawai`i Administrative
Rules, Department of Health, which requires a NPDES permit for certain
construction activity.
[I ]N. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management prior to the issuance of a Certificate of Occupancy.
[h]O. The Department of Environmental Management requires the submittal of a sewer
study by the applicant to the County of Hawai`i, Wastewater Division (COH-
WWD). The sewer study is intended to define the wastewater flow contribution
from the proposed development, evaluate the impact to the existing County-
owned sewer system and if necessary, propose an upgrade of the private 8-inch
sewer line serving the proposed development based on the results of the sewer
study. The sewer study shall be prepared in accordance with the City& County of
Honolulu Design Standards. If applicable, design plans for construction of a new
sewer extension shall also be submitted to the COH-WWD for review and
approval. If the private sewer line is intended to be dedicated to the County of
Hawai`i, as-built plans of the private 8-inch line and details of the new connection
-9-
to the sewer line shall be submitted to the COH-WWD for review and approval.
Documents shall be prepared in accordance with Hawai`i County Code Chapter
21- Sewers, Hawai`i Administrative Rules, Title 11, Chapter 62- Wastewater
Systems, and COH-WWD Sewer Standards.
P. Prior to the initiation of construction work or ground disturbance on the property,
or prior to receipt of Final Plan Approval, whichever occurs first, the applicant
shall assess the additional features at Site 13673 that were found during a
May 20, 2009 SHPD site visit and submit an appropriate report to SHPD, which
may include an updated AIS, for its approval, and implement preservation and
burial treatment measures as approved by the State Historic Preservation Division
in the 1992 Preservation Plan, or a revised Preservation Plan.
[M.]Q. [Should any remains of historic sites such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
State Historic Preservation Division(DLNR HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR
HPD when it finds that sufficient mitigation measures have been taken.] In the
unlikely event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, cease work in the
immediate vicinity of the find, protect the find from additional disturbance and
contact the State Historic Preservation Division at (808) 933-7651. Subsequent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
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[N]R. The applicant 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 [or within five years from
the effective date of this amended change of zonc ordinance, whichever occurs
first]. The fair share contribution for each lot 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 (HCPI). The fair share
contribution shall have a maximum combined value of[$7,383.36]$9,195.34 per
multiple family residential unit ([$11,506.13]$14,329.89 per single family
residential unit). The total amount shall be determined by the actual number of
units according to the calculation and payment provisions set forth in this
condition. The fair share contribution per multiple-family residential unit(single
family residential unit) shall be allocated as follows:
1. [$3�-642.00]$4,535.80 per multiple family residential unit
([$5,548.46]$6,910.13 per single family residential unit) to the County to
support park and recreational improvements and facilities;
2. [$115.11]$143.36 per multiple family residential unit ([$26766]$333.35
per single family residential unit) to the County to support police facilities;
3. [$354.08]$440.97 per multiple family residential unit ([$528.66]$658.40
per single family residential unit) to the County to support fire facilities;
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4. [ 1]$196.54 per multiple family residential unit([$231.45]$288.25
per single family residential unit) to the County to support solid waste
facilities;
5. [$346]$3,878.67 per multiple family residential unit
([$4,90]$6,139.77 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; provided however, that the cost of providing and constructing the
improvements required in Conditions D and E may be credited against the sum
specified in Condition [N(S)]Q(5) for road and traffic improvements.
[a] 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 shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
[NT. 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, Hawai`i County 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.
[Q-:]U. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of this amendment. The report shall address
the status of the development and the extent to which the conditions of approval
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are being satisfied. 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.
[R]V. Comply with all applicable County, State and Federal laws, rules, regulations and
requirements.
W. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 8. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 9. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNT OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 92
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AMENDED MAP TO REPLACE ZONING MAPS FOR
ORDINANCE NO. 92-036 AND ORDINANCE NO. 86-049,
BOTH LABELED AND REFERRED TO AS "EXHIBIT A"
MAP PREPARED BY:
TM K:(3)7-5-010:013 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:May18,2017
EXHIBIT "A" T&M Prop.LLC
Map: 1391