HomeMy WebLinkAboutOrd2015-104COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 91
ORDINANCE NO. :15 :104
AN ORDINANCE AMENDING ORDINANCE NO. 05 74 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL —1 ACRE (A -la) AND RESORT -HOTEL —1,250 SQUARE FEET
V-1.25) TO MULTIPLE FAMILY RESIDENTIAL — 2,500 SQUARE FEET (RM -2.5) AT
AUHAUKEAE 1 ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-009:067
PREVIOUSLY INCLUDED A PORTION OF PARCEL 54).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 05 74 is amended as follows:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) ofthe Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification ofproperty
described hereinafter as follows:
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 2005
Edition), 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.
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A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
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. 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.
C. Construction of the proposed development shall be completed within [fie (5)]ten
10 years from the effective date this amended ordinance. Prior to construction,
the applicant, successors or assigns shall secure Final Plan Approval for the
proposed development from the Planning Director in accordance with Section 25-
2-70, Chapter 25 (Zoning Code), Hawaii 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 ofmitigating any adverse noise or visual impacts to
adjacent properties in accordance with the requirements of Planning Department's
Rule No. 17 (Landscaping Requirements).
D. The applicant shall realign and provide full improvements to the entire frontage
along Hualalai Road consisting of, but not limited to, right-of-way and pavement
widening with concrete curb, gutter and sidewalk, drainage improvements, and
any relocation of utilities meeting with the approval of the Department of Public
Works. Pavement transitions, streetlights, signs and markings, drainage
improvements, and relocation ofutilities may be required. The applicant shall
construct and dedicate to the County upon request, the widened street with
improvements, at no cost to the County. An approach for the commercial zoned
property fronting the opposite side of Hualalai Road (TMK: 7-5-10:13) is required
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under Ordinance [95 418 09-049 and 09-050 or successor ordinances, to include
turning lanes on Hualalai Road. The widened area to be dedicated to the County
shall, if required by DPW, allow for realignment and improvements required by
Ordinance [95 118]09-049 and 09-050 or successor ordinances. The required
widening area shall not exceed the equivalent of a five foot width along the entire
frontage, which is approximately one-half the difference between the existing
right -ofway width and 60 feet.
E. As represented by the applicant, a non -gated access to Hualalai Road shall be
limited to one approach and may include an additional access which shall be
barricaded and used for emergency purposes only. The approaches shall conform
to Chapter 22, Streets and Sidewalks, ofthe Hawaii County Code. A licensed
civil engineer shall evaluate the proposed active approach to the subject property
for safe ingress and egress, sight distance and conflicts with the proposed turn
lane and entry in TMK: 7-5-10:13. The evaluation shall be submitted for approval
by the DPW prior to plan approval. Ifrecommended, the applicant shall provide a
left 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 with the
requirements of the Hawaii Statewide Uniform Design Manual or AASHTO.
F. Any emergency vehicular security gate shall be located in a location approved by
the Department of Public Works.
G. All development -generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department ofPublic Works prior to issuance of any construction
permit. Recommended drainage improvements shall be constructed meeting with
the approval of the Department of Public Works prior to the issuance of a
certificate of occupancy.
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H. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
I. The applicant shall connect to the County sewer system according to the
requirements of the Department of Environmental Management.
An Archaeological Preservation and Burial Treatment Plan shall be submitted for
the review and approval of the Planning Director, in consultation with the
Department of Land and Natural Resources — State Historic Preservation Division
DLNR-SHPD). The Preservation Plan shall incorporate appropriate mitigation
measures resulting from the impact of any fence and/or wall constructed along the
boundaries of the subject site subject to the archaeological and cultural features of
the adjoining properties identified by TMK: 7-5-9:55 and portion of 54. Proposed
mitigation treatment for the burial sites within the subject property shall be
approved by the SHPD's Hawaii Island Burial Council before detailed mitigation
plans are finalized for these sites. A copy of the approved Final Archaeological
Preservation and Burial Treatment Plan shall be submitted to the Planning
Director for its files prior to submitting plans for Final Plan Approval review or
prior to the issuance of any land alteration permits, whichever occurs first.
Appropriate interim preservation buffers and measures acceptable to the Planning
Director shall be installed between any historic sites in the zoned areas before any
land disturbance occurs on the property. A separate Preservation Plan for the
portion of 7-5-9:54 that is zoned A-Ia shall be submitted to SHPD prior to any
mechanical disturbance or issuance of any land disturbance permit ofthat area.
K. Prior to submittal of plans for a building permit or within 6 months ofthe
effective date ofthis ordinance, whichever is sooner, the applicant or its
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successors and assigns, shall submit a proposed covenant to be recorded with the
State of Hawaii Bureau of Conveyances to the Planning Director for review and
approval. A copy ofthe recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances. Said restrictive
covenant, recorded against TMK: 7-5-09: 54 that is zoned A -la, shall
acknowledge that the applicant or its successors or assigns has consented to a
County -initiated rezoning ofthe A-1 a zoned area into the Open district and the
prohibition of any development or improvement of that area in such a way as to
interfere with or negatively affect the archaeological and historic features of such
area, as determined by the State Historic Preservation Office. Furthermore, no
mechanical disturbance or land disturbance permit for the parcel shall occur or be
issued until the covenant has been duly recorded.
L. Within one (1) year ofthe effective date of this amendment, the applicant shall
identify an entity that would be responsible for the management and care of the
archaeological/cultural features on that portion of TMK: 7-5-09:54 that is not
covered by this ordinance. Prior to its designation, the applicant shall solicit the
input of the native Hawaiian community and the County Council. Within 60 days
ofthe identification of this entity, this area, with the concurrence ofthe County
Council, shall be conveyed via lease or fee to the identified entity for $1.00.
M. The applicant shall prepare and submit a landscaping plan for the subject site in
conjunction with the Plan Approval process. Said plan shall reflect, where
feasible, the use of native and water -conserving plants to comply with the
guidelines outlined in Planning Department Rule No. 17 relating to landscaping.
N. 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 —
State Historic Preservation Division (DLNR-SHPD) shall be immediately
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notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-SHPD when it finds that sufficient mitigative measures have been
taken.
O. To ensure that the Goals and Policies ofthe Housing Element ofthe 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 apply to, as represented by the applicant, 40% of all residential
units in excess ofthe entitled eighty (80) units on TMK: 7-5-9:67.
P. The project shall be developed in a minimum oftwo phases. The first phase shall
consist of no more than forty-five (45) units, which shall include all ofthe
required affordable housing units approved in accordance with Condition O
above. Final occupancy permit for the first phase shall be issued no earlier than
June 30, 2006, which is the scheduled completion of the on-going Kuakini
Highway improvements. Occupancy permit for the remaining units shall be
issued upon completion of the aforementioned Highway improvements.
Q. As represented by the applicant, the applicant shall include appropriate restrictive
covenants in the deeds of all proposed units within the subject property so as to
minimize enforcement by public agencies of any violation of any applicable State
and County ordinances or rules and regulations relating to land use and noise.
R. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
S. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject project with respect to parks and recreation, fire,
police and solid waste disposal facilities and roads. The amount of the fair share
contribution shall be the sum which is the product ofmultiplying the number of
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additional multiple family residential units proposed to be developed by the
amounts allocated herein below for each such unit, and shall become, with the
exception of the parks and recreation fees, due and payable prior to the issuance of
the Certificate of Occupancy for any unit on the subject property. The parks and
recreation fees shall be due and payable prior to the issuance of a building permit.
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 [$6,206.06]$8,667.10 per multiple -family
residential unit. Based upon the applicant's representation ofintent to develop a
total of twelve (12) additional multiple -family residential units, the indicated total
of fair share contribution is [$74,472.72]$104,005.20 for the additional 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. The fair share contribution shall be
allocated as follows:
1. [$361.x]$4,275.24 per multiple family residential unit for an indicated
total of [$36,735.241$51,302.88 to the County or, if the County Council so
agrees, directly to the entity so designated under Condition L'to further the
objectives of Condition L and to support park, cultural, and recreational
improvement and facilities;
2. [5]$135.12 per multiple family residential for an indicated total of
1,161.00]1$ ,621.44 to the County to support police facilities;
Q']$415.64 per multiple family residential unit for an indicated total
of 3, Q-X44]$4,987.68 to the County to support fire facilities;
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4. [Q']$185.25 per multiple family residential unit for an indicated total
of [$1,591.80 $2,223.00 to the County to support solid waste facilities;
5. [$2,17.7T] $3,655.85 per multiple family residential unit for an indicated
total of [Q3','3z4]$43,870.20 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 ofpaying the fair
share contribution, the applicant may construct such facilities related to park, fire,
police and solid waste disposal facilities subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate
agencies and approval of the Hawaii County Council.
T. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment ofimpact fees, conditions included
herein shall be credited towards the requirements ofthe Unified Impact Fees
Ordinance.
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one year- y leo ex4ended for up to e .,ddifieiia y .]Ifthe applicant
should require an additional extension of time, the Planning Director shall
submit the applicant's request to the County Council for appropriate
action.
V. 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 2. Material to be deleted is bracketed and struck through and material to be
added is underscored.
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.
INTRODUCED BY:
i
Hilo , Hawai`i
Date ofIntroduction: October 20, 2015
Date of 1 st Reading: October 20, 2015
Date of 2nd Reading: November 3, 2015
Effective Date: November 20, 2015
REFERENCE Comm. 467 -9-
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RS -101
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
AND 25-8-5 (KAILUA URBAN ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM RESORT -HOTEL (V-1.25) AND AGRICULTURAL (A -1a)
TO MULTIPLE -FAMILY RESIDENTIAL (RM -2.5)
AT AUHAUKEAE 1 st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-009:06,
v# alr%vp am Abe
1^1 Raw# I
Kukui Development, LLC
Date: December 14, 2004
FOR REFERENCE ONLY
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS.•
OFFICE OF THE COUNTY CLERK COU' Y C !_ E R K
County ofHawai`i C0', -!h T` f; `,ANAII
Hilo, Hawaii
Greggor Ilagan (B/R)
October 20, 2015
October 20, 2015
October 31, 2015
Second Reading: November 3, 2015
To Mayor: November 12, 2015
Returned: November 20, 2015
Effective: November 20, 2015
Published: November 28. 2015
REMARKS:
im ov ?n AM1 '1: u 4
ROLL CALL VOTE
AYES NOES ABS EX
Chung X
David X
Eoff X
Ilagan X ...
Kanuha
X
X
Onishi X
Paleka X
Poindexter
X
X
Wille X
7 0 2 0
ROLL CALL VOTE
AYES NOES ABS EX
Chung X
David X
Eoff X
Ilagan X
Kanuha X
Onishi X
Paleka X
Poindexter X
Wille X
9 0 0 0
I DO HEREBY CERTIFY that theforegoing BILL was adopted by the County Councilpublished as
indicated above.-
ylrCpVpVrovepprovedD1pprovedthis day
of V l , 20 `,6
MAYOR, COUNTY OF HAWAI `I
Bill No.:
Reference:
91
C-467/PC-28
Ord No.: 15 10