HomeMy WebLinkAboutItem #2 PD RECOMMENDATION (REZ 09-098)RKCCREZAmend.crk.5.15.2020
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
KONA COUNTRY CLUB,INC.
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 159 (REZ 09-98)
Upon careful review of the request to amend conditions of Change of Zone Ordinance
No. 09 159, the Planning Director is recommending that a favorable recommendation for a
time extension to Condition D (Time to Complete Construction) of Ordinance No. 09 159
be forwarded to the County Council. Since this recommendation is made without the benefit
of public testimony, the Director reserves the right to modify and/or alter this position based on
additional information presented at the public hearing. This recommendation is based on the
following findings:
The applicant, Kona County Club, Inc., has submitted an application for a five (5)
year time extension to Condition D (Time to Complete Construction) of Ordinance No.
09 159, which was originally approved on December 30, 2009, and which reclassified
51.058 acres of land from an Agricultural 5-acre (A-5a) to a Multiple-Family Residential
30,000 square feet(RM-30) zoning district.
The applicant initially proposed to develop a maximum of sixty (60) single- and
multiple-family residential units and related amenities with the intent of having them
used as vacation rental units. In trying to address the various rezoning conditions such as
water (according to the applicant, DWS requires approximately two (2) units of water for
each dwelling unit to account for potable water and irrigation), archaeology, and
emergency access, the plan was scaled back to twenty-nine (29) single-family dwellings
with related amenities, including a recreation center, to possibly include a pavilion or
lanai, swimming pool, and a barbeque area.
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. Since the change of zone was granted in
2009, the applicant has been diligently working on satisfying conditions of approval, the
most time consuming of which were completing archaeological and cultural resource
mitigation plans.
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In compliance with Condition N of the subject Change of Zone Ordinance, the
applicant submitted an updated Archaeological Inventory Survey (AIS), which was
approved by the State Historic Preservation Division (SHPD) in 2012. The AIS identified
52 archaeological sites, including 22 sites that were recommended for data recovery
fieldwork. Of those, nine (9) sites were considered possible burials, eight (8) of which
were recommended for exploration through data recovery fieldwork. The AIS further
identified six (6) non-burial sites recommended for preservation, one (1) site
recommended for preservation given its proximity to an identified burial and one (1) site
recommended for a combination of data recovery and preservation. Based on this
proposed mitigation, the applicant submitted and SHPD approved the following plans: a
Final Archaeological Data Recovery Plan in 2013; a Burial Treatment Plan for three (3)
burial sites with concurrence from the Hawaii Island Burial Council that the sites should
be preserved in place in 2014; an Archaeological Preservation Plan outlining specific
mitigation commitments and preservation measures for eight (8) sites in 2014; and an
Archaeological Monitoring Plan in 2014. Furthermore, Condition P of the subject Change
of Zone Ordinance required a completed Cultural Impact Assessment (CIA) be approved
by SHPD. By letter dated July 18, 2012, the Planning Department confirmed receipt of
the document in compliance with Condition P and noted that according to the CIA's
author(Cultural Surveys Hawai`i), there is no formal approval process for a CIA.
During this timeframe, other conditions were also being addressed. For example,
the applicant largely completed roadway improvements from the Mamalahoa Highway
Bypass to the project's entrance as required by Condition F. According to DPW, there are
outstanding `punch lists' from the DPW Engineering and Traffic Divisions that need to
be satisfied to deem construction complete and eligible for roadway dedication to the
County. In response, the applicant's contractor indicated the punch lists were complete
and will be requesting a final inspection from DPW.
The applicant has also paid their water commitment fee pursuant to Condition B
for sixty (60) units of water through July 31, 2020. The director is recommending the
addition of a condition requiring the applicant to maintain valid water commitments to
support the proposed use until the water facilities charges are paid in full.
In addition, prior to being granted Final Plan Approval (FPA) in 2012, the
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applicants obtained six (6) affordable housing credits (Condition Q) and paid fair share
Condition R) for the proposed 29-unit development. The director is recommending
retaining the affordable housing condition and amending the fair share condition to
ensure that the appropriate requirements are met should the applicant develop at a
residential density higher than 29-units.
The applicant secured a five (5) -year administrative time extension to 2019, but
after finalizing the archaeological mitigation plans the applicant indicated that they would
have only had two (2) years to complete construction of the project by the deadline.
Moreover, the applicant stated that they were having difficulty obtaining the necessary
financing to complete the project. However, with much of the "soft" work done and the
uptick in the economy, the applicant believes they can secure the required financing to
complete the construction plans and develop the project within the next five(5)years.
Granting of the amendments would not be contrary to the original reasons
for granting the change of zone. The reasons for granting the original change of zone
under Ordinance No. 09 159 have not changed. The RM-30 zoning remains consistent
with the LUPAG designation and goals, policies, and actions of the General Plan. The
site is served by appropriate infrastructure such as water, wastewater, access, and
essential utilities. There are no irresolvable geological or topographical problems which
cannot be rectified, or which would render the land unusable. Finally, plans to mitigate
impacts on archaeological/cultural sites and resources have been approved and will be
implemented through the development of the property.
Granting of the amendments would not be contrary to the General Plan or
Zoning Code. Since the subject parcel was rezoned, there has not been any significant
land use regulatory change in this area. The Kona Community Development designates
the property to be within the"Kona Urban Area"and the current zoning(RM-30)
continues to be consistent with the General Plan's Land Use Pattern Allocation Guide
LUPAG)map. The subject parcel and its immediate surrounding area are designated as
Urban Expansion(ue), which allows for a"mix of high density, medium density, low
density, industrial, industrial-commercial and/or open designations in areas where new
settlements may be desirable,but where the specific settlement pattern and mix of uses
have not yet been determined."
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The RM zoning continues to conform to the General Plan in that the proposed
development will be established in an area adequately served by necessary services such
as water, utilities, and transportation systems. Additionally, the RM zoning is consistent
with the following goals,policies, and actions of the General Plan:
HOUSING ELEMENT
Attain a diversity of socio-economic housing mix throughout the different parts of
the County.
Maintain a housing supply which allows a variety of choice.
Develop better places to live in Hawai`i County by creating viable communities
with decent housing and suitable living environments for our people.
Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires
of families and individuals.
LAND USE ELEMENT—(MULTIPLE RESIDNETIAL)
To provide for multiple residential developments that maximizes convenience for
its occupants.
To provide for suitable living environments which accommodate the physical,
social and economic needs of the island residents.
Appropriately zoned lands shall be allocated as the demand for multiple
residential dwellings increases. These areas shall be allocated with respect to
places of employment, shopping facilities, educational, recreational and cultural
facilities, and public facilities and utilities.
Development shall not be permitted in natural hazard areas unless proper on-site
improvements are provided.
Development shall be located in areas where public utilities can be economically
provided at an adequate level to meet the demand for the concentrated service.
Recreational area and/or facilities shall be considered in multiple residential
development.
The subject, 51.058-acre property is irregularly shaped property and situated at
the southern end of Ali`i Drive at the beginning of the Mamalahoa Highway Bypass, east
mauka) of the highway and west (makai) of the Kona Country Club mauka golf course
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in the Keauhou Resort. The subject parcel is currently vacant of any structures or other
improvements. The RM zoning and proposed development is consistent with other
multiple family/resort type uses in the surrounding area, which include the Kona Country
Club mauka golf course to the north and east (zoned Open), open space zoned A-5a west
and south of the site, and a future access road to the south.
The proposed development will be developed in accordance with the Zoning
Code, including the requirement to obtain a new Final Plan Approval, which will ensure
appropriate on-site parking, drainage and landscaping requirements will be met.
In addition, the proposed amendment meets the concurrency requirements of the
Zoning Code which address traffic,potable water, and Civil Defense Siren availability.
The applicant submitted two (2)Traffic Assessments (TA), conducted by Austin,
Tsutsumi & Associates for both the current proposed 29-dwelling unit residential
development as well as a TA for a larger, 60-dwelling unit development currently entitled
by density and SMA Use Permit for the project site. According to the latter TA, "The trip
generation projected for the 60-unit project indicates that a total of 13 vehicles per hour
vph) are anticipated during the AM commuter peak hour of traffic and a total of 17 vph
are anticipated during the PM commuter peak hour of traffic, and thus the Project does
not meet the minimum criteria of 50 peak hour trips specified in the Zoning Code's
Concurrency Requirements to require a Traffic Impact Analysis Report(TIAR). "
As previously stated, the applicant has a water allocation/commitment of sixty
60)units available to the parcel. Condition C of the subject ordinance requires the
applicant to construct water improvements outlined in DWS' July 29, 2009 memorandum
addressed to the Planning Department prior to obtaining Certificate of Occupancy.
However, DWS subsequently submitted a letter outlining additional requirements,
including the development of a Water Master Plan to ensure provision of adequate water
pressure and volume under peak-flow and fire-flow conditions, and any water
improvements required to meet those provisions. Additionally, DWS articulated standard
necessary water system improvements, facilities charge amount and remittance
instructions, and water improvement conveyance requirements. As the required water
system improvements have changed since 2009, the Planning Director is recommending
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changing Condition C to remove reference to the 2009 DWS memo and add a more
standard requirement for the applicant to construct improvements as required by DWS.
Finally, the Zoning Code was recently amended to include regulation of Short-
Term Vacation Rentals (STVR). According to Section 25-4-16 (c), STVRs are permitted
in the RM district, "for multiple family dwellings within a condominium property regime
as defined and governed by chapters 514A or 514B, Hawai`i Revised Statutes."
According to the amendment application, the updated development proposal is for 29
single-family dwellings and therefore, despite the Planning Director's November 30,
2009 determination that dwellings in the project area could be used as vacation rentals,
the project as currently proposed would not be eligible for STVR approval under the
existing code.
The property has no severe geological or topographical problems which cannot be
rectified, or which would render the land unusable. The project site is located within
Zone "X", which is an area of minimal flood hazard. The parcel is also located outside
the Tsunami Evacuation Zone and the applicant will be required to ensure that all
development-related runoff shall be disposed of on site and shall not be directed toward
any adjacent properties.
No professional flora/fauna study was submitted. according to the application, the
majority of the site is bare of vegetation and grading and construction will occur in
selected areas of the property. The non-graded areas of the property will be retained as
much as possible in their natural state and possibly supplemented with plants that already
grow in the area. The applicant does not expect any listed, threatened, or endangered
plant or animal species within or near the project site. With sparse vegetation, the project
site provides only a limited habitat for fauna.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The subject property is situated fully within the
SMA but does not have shoreline frontage. On September 22, 2009, the Planning
Commission approved SMA Use Permit No. 09-000034 to allow the development of a
mix of 60 single- and multiple-family residential units and related improvements. The
effective date of this permit was concurrent with the effective date of the subject rezone
ordinance and is currently still in effect. The current proposed twenty-nine (29) single-
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family dwellings with related amenities development is in line with the SMA permit and
will be subject to all conditions thereto.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use, prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code, installation of improvements required
by the American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the preceding findings, the Planning Director recommends that a
favorable recommendation be forwarded to the County Council to amend
Ordinance No. 09 159. In addition, the Planning Director recommends that existing
conditions in the ordinance be revised to reflect the current standard language for
conditions of approval and to remove satisfied conditions. The accompanying draft bill to
amend Ordinance No. 09 159 is provided for your consideration. Please note the
proposed conditions of approval attached to the draft bill. Material to be deleted is
bracketed and struck through; new material is underscored.
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COUNTY OF HAWAII STATE OF HAWAII
4 E of•N'
BILL NO.
ORDINANCE NO. ZpoiJNikut I 'T.>
AN ORDINANCE AMENDING ORDINANCE NO. 09 159 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL— 5 ACRES (A-5a) TO MULTIPLE FAMILY RESIDENTIAL—
30,000 SQUARE FEET (RM-30) AT KEAUHOU,NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY: 7-8-010:101.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 1 and Section 2 of Ordinance No. 09 159 is amended as follows:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 [(2005 Edition)] (2016 Edition, as amended), is amended to change the
district classification of property described hereinafter as follows:
The district classification of the following area situated at Keauhou, North Kona,
Hawai`i, shall be Multiple Family Residential—30,000 square feet (RM-30):
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(2005
Edition)] (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
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B) Fulfillment of the need for public service demands created by the
proposed use.
INSERT CONDITIONS
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. [ - -
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 4.This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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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 1983 (2005 EDITION), BY CHANGING
THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -5 ACRES (A-5a)TO
MULTIPLE FAMILY RESIDENTIAL -30,000 SQUARE FEET (RM-30)
AT KEAUHOU, NORTH KONA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAI'I, PLANNING DEPARTMENT
TMK:7-8-10:101 DATE:June 25,2009
EXHIBIT"A" Kona Country Club,Inc-
4 GCA% FOR REFERENCE ONLY Map1268)
Inc-
CKCCREZAmend.crk.5.15.2020
KONA COUNTRY CLUB, INC.
CHANGE OF ZONE APPLICATION (REZ 09-98)
AMENDED CONDITIONS OF APPROVAL
A. The applicant, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
B.
e _. , - _ .
The applicant, successors, or assigns are responsible for
maintaining valid water commitments to support the proposed use until such time
that required water facilities charges are paid in full.
C. The applicant, successors, or assigns shall install and construct [the] necessary
water system improvements [: . - - _ -.. . _ . . - _ . . . ' . '
meeting with the
requirements of the Department of Water Supply prior to the issuance of a
Certificate of Occupancy.
D. Construction of the proposed development shall be completed within five(5) years
from the effective date of[the] this amended ordinance. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval for the proposed
development in accordance with Section 25-2-70, Chapter 25 (Zoning Code),
Hawai`i County Code. Plans shall identify all existing and/or proposed structures,
paved driveway access and parking stalls associated with the proposed
development. Landscaping shall also be indicated on the plans for the purpose of
mitigating any adverse noise or visual impacts to adjacent properties in accordance
with the requirements of Planning Department's Rule No. 17 (Landscaping
Requirements), Chapter 25 (Zoning Code), Hawai`i County Code. An updated
traffic assessment shall be submitted in conjunction with the plans for Plan
Approval. Should the assessment, subject to concurrence by the Planning Director
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and Public Works Director, conclude that the project is anticipated to generate fifty
or more peak hour trips, then a Traffic Impact Analysis Report(TIAR)pursuant to
the concurrency requirements of Section 25-2-46(d), Chapter 25 (Hawai`i County
Code) shall be prepared and submitted for the review and approval of the Planning
Director and the Public Works Director. All recommended traffic mitigation
outlined in the TIAR shall be implemented prior to issuance of a Certificate of
Occupancy for the first residential unit within the project area.
E. Plans submitted for Plan Approval shall reflect a minimum 10-foot wide emergency
evacuation access route that extends from the project's easterly boundary, through
the existing golf course identified by TMK:7-8-10:051, and up to any point along
Ali`i Drive. As this access traverses an existing golf course and will be used only
for emergency evacuation purposes, it need not be paved but will be reasonably
compact enough to accommodate vehicles leaving the project site. The right of
access across the emergency evacuation access route, including the terms of its use,
maintenance, relocation, and related matters, will be recorded as an easement
burdening TMK: 7-8-10:051 in favor of TMK: 7-8-10:101. The improvements of
this emergency evacuation access route, if necessary, will be completed and the
necessary easement will be recorded prior to issuance of a Certificate of Occupancy
for the first residential unit within the project area.
F. Access to the development shall meet with the approval of the Department of Public
Works. The roadway easement from the Mamalahoa Highway Bypass to the project
shall be constructed to County dedicable standards, including curbs, gutters and
sidewalks, meeting with the approval of the Department of Public Works, and
dedicate it to the County upon request.
G. Any vehicular security gate shall be set back approximately 60 feet from any
County dedicated road. Whenever in use, the security gate shall be staffed to
facilitate access by emergency vehicles and personnel.
H. All wastewater generated shall be disposed into the Keauhou Resort's sewer system
owned and maintained by the Keauhou Community Services, Inc., it's successors or
assigns.
All development-generated runoff shall be disposed of on-site and shall not be
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directed toward any adjacent properties.
J. A drainage study shall be prepared by a licensed civil engineer and submitted to the
Department of Public Works. The recommended drainage improvements shall be
constructed,meeting with the approval of the Department of Public Works, prior to
issuance of a Certificate of Occupancy
for the first residential unit within the project area.
K. During construction,measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance with
construction industry standards and practices utilized during construction projects
of the State of Hawai`i.
L. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control
of the Hawa`i County Code.
p .
Plan-Approval,
O. The four archaeological sites identified in the Archaeological Inventory Survey
I - I 9: :
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t 1111. . - . • - . . •- . . . . . ..
9] M. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant, successors or assigns 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 Administrator of the
Office of Housing and Community Development prior to Final Plan Approval.
R] N. The applicant, successors or assigns 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.
The fair share contribution for each unit shall be based on the actual number of
residential units developed exceeding twenty-nine (29)units. 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] $9,366.52 per multiple family residential unit([514-5-5064-3] $14,596.67
per single-family residential unit). The total amount shall be determined with the
actual number of units according to the calculation and payment provisions set forth
in this condition. The fair share contribution per single-family residential unit shall
be allocated as follows:
6-3364-L00] $4,620.24 per multiple family residential unit([$-53-54-8;46]
7,038.77 per single-family residential)unit to the County to support park
and recreational improvements and facilities;
115.11] $146.02 per multiple family residential unit([$267.66] $339.55
per single-family residential unit) to the County to support police facilities;
354.08] $449.18 per multiple family residential unit([$528.66] $670.66
per single-family residential unit) to the County to support fire facilities;
15-7:-84] $200.20 per multiple family residential unit([$231.45] $293.62
per single-family residential unit)to the County to support solid waste
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facilities;
6] $3,950.87 per multiple family residential unit([$4,939.90]
6,254.07 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.
S] 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.
T] P. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
U] Q. An annual progress report shall be submitted to the Planning Director prior to the
anniversary of the effective date of[the] this amended ordinance. The report shall
include,but not be limited to, the status of the development and compliance with the
conditions of approval. 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.
V] R. [• -
1.The non performance is the result of conditions that could not have been
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.
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11.The time extension granted shall be for a period not to exceed the period
57] If the applicant(s), successors, or assigns should require an additional
extension of time, the Planning Department shall submit the request to the
County Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely manner,
the Planning Director may initiate rezoning of the property to its original or more appropriate
designation.
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