HomeMy WebLinkAboutORD 2015-050 2014-2016J�tV OF M w1
COUNTY OF HAWAII •' �•
�rE cF•N�'�
ORDINANCE NO. 15
STATE OF HAWAII
BILL NO.
so
38
AN ORDINANCE AMENDING ORDINANCE NO. 08 115, WHICH AMENDED
ORDINANCE NO. 93 36, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 20
ACRES (A -20a), AGRICULTURAL —10 ACRES (A -10a), AND AGRICULTURAL— 3
ACRES (A -3a) TO RESIDENTIAL AND AGRICULTURAL -1 ACRE (RA -la) AT KUKUAU
1sT, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-4-082:001-56,58-61
(FORMERLY 2-4:008:PORTIONS OF 014 AND 026).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 08 115 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at [Kuk t]Kukuau 1",
South Hilo, Hawaii shall be Residential and Agricultural —1 acre (RA -la):
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 maybe 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[;]_
B. The required water commitment payment for the remaining phases of
development shall be submitted to the Department of Water Supply in accordance
with its "Water Commitment Guidelines Policy" within 180 days from the [date
f app-ev l e f the amended ehange erzen ] execution of the construction contract
for the Pi`ihonua-Kukuau Transmission Line project by the Department of Water
Supply and the Water Board. The anplicant shall pay installation and facilities
charges as required by the Department of Water Supply[;]_
C. Final Subdivision Approval for the remaining phases of the development shall be
secured within five (ayears from the [eff eAve .late of this amendment, provide'
.♦". ,.41, 41, t 41,e stfue e« oft e K ,ln Stfee4 exte n, find „bdi
TTCrCII4T, �2IUCZVr'CIIG'�« wvai va uav i>a.a«r wua,a w.+�a vvr va wia.sivia, iaa..+....»v... ..wv.+
appr-eval shall be granted Wen the .leyeleper pec.ting ., nstn,..4ie 1,vuu,,«.l vw✓f $3
.
11' 4 1, b ,ae4 .l by the Planning D e. a alta -or�x.;+i,
, after- -_ �-- ---__ -- G'1 _II_IIGu .J ---_ - _____ MD — ..y�..� -� -ice �y��.....�....���.�� .. �..��
the Department of Publir.
that the tepegraphy allows the eenstraetion of
i
for the lbdi-,isien 1
i
the bond ameui# sh
iner-eased or- deer -easel a eraingI >,] completion and acceptance of the Pi`ihonua-
Kukuau Transmission Line project by the Department of Water Supply and Water
Board or ten (10) vears from the effective date of this amendment, whichever
occurs first.
D. The Kawailani Street extension affecting the subject property shall be delineated
on preliminary and final subdivision plans to allow for a right-of-way. This street
extension shall be [x,11,. graded „4 ., ver-tieal alig,,,,,e«4 «,eeting with the „ e
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] constructed to Cou� dedicable standards in
conjunction with Final. Subdivision Approval affecting this phase of the
subdivision. The right-of-way and improvements therein shall be dedicated, at no
cost, to the County. The portion of the Kupulau Street extension [frem PuainalEe
Stfee* to the ..,,athe,.., pr-epeAy Hne] within the subject proppa and up to the
drainage easement adjacent to the Puainako Street extension shall be constructed
to county dedicable standards meeting with the approval of the Department of
Public Works [,and i., ii serve as an „aa:+:,.na ingress/egress f r the subd <„�:,.,,]
in conjunction with Final Subdivision Approval affecting this phase of the
subdivision. The applicant shall dedicate the land area (TMK 2-4-075:070) for
the proposed Kupulau St. extension between Puainako [St-.] Street and Puloku
[] Street to the County at no cost, when required by the Department of Public
Works. The richt-of-way, including that portion of the drainage easement
adjacent to the Puainako Street extension, and improvements therein shall be
dedicated to the County at no cost. The applicant shall be relieved from this
condition if the General Plan is amended to remove Kupulau Street or Kawailani
Street as future collector roads.
E. As represented by the applicant, the applicant shall secure and dedicate the land
area within TMK 2-4-082:061 for that undeveloped portion of the Kwau Street
extension between Sunrise Estates Subdivision and the Puainako Street Extension
to the County at no cost, when required by the Department of Public Works.
[B:]F. As represented by the applicant, restrictive covenants in the deeds of all the
proposed lots shall prohibit the construction of a second dwelling unit on each lot.
A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Department for review and
approval prior to final subdivision approval. ['' eepy of the appy- ved ,.,,..en
-3-
shall be reefted in an instfuffien4 exeeated by the appheant and the eeuiAy and
feeer-ded- with the Bureau ef Genveyanees likewise pfier- te final subdivisie
appr-ewl;] A copy of the recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances.
[l]G. To ensure that the goals and policies of the Housing Element of the General Plan
are implemented, if applicable, the applicant shall comply with the requirements
of Chapter 11, Article 1, [Hffwaii] Hawai`i County Code relating to Affordable
Housing Policy. This requirementt shall be approved by the Administrator of the
Office of Housing and Community Development prior to receipt of final
subdivision approval[t].
[G ]H. Access to the development shall meet with the approval of the Department of
Public Works. No lots shall have direct access from Puainako Street.
[H -.I 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 be
initially based on the representations contained within the change of zone
application and may be increased or reduced proportionally if the lot counts are
adjusted. The fair share contribution shall become due and payable prior to
receipt of Final Subdivision Approval [
] for that phase
of development. The fair share contribution for each lot shall be based on a
maximum density for each lot as determined by the zoning resulting from this
change of zone. 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
in
effective date of the amendment to the ordinance, based on the percentage change
in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall
have a maximum combined value of $[14,-50643113,312.70 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:
$[5,348-.46] 6,419.62 per single-family residential unit to the County to
support park and recreational improvements and facilities;
$[267.661309.68 per single-family residential unit to the County to
support police facilities;
$[528:66] 611.66 per single-family residential unit to the County to
support fire facilities;
$[231.451267.79 per single-family residential unit to the County to
support solid waste facilities;
$ [4-,929.-9015,703.94 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 estimated cost of constructing the
"C" and ,] improvements provided in Condition D and
E shall be credited to offset the full amount of the fair share for the road and
-5-
traffic improvements for that phase of development by the Planning Director,
without further approval of the County Council[,]_ At the time of Final
Subdivision Approval for the remaining phases, if the General Plan no loner
identifies the Kupulau Street extension or Kawailani Street extension as future
roadways the applicant shall not receive a credit to offset fair share for roads and
traffic improvements.
_[-I-.]J. Drainage improvements shall meet with the approval of the Department of Public
Works[fl.
[-J]K. The method of sewage disposal shall meet with the approval of the Department of
Health[;]_
L. Pursuant to Hawaii County Code, Section 25-2-46(o) (Concurrency
Requirements), the applicant shall provide a civil defense siren and associated
maintenance access easements on the subject propgrty as required by the State
Civil Defense prior to issuance of Final Subdivision Approval for Phase 2.
[K—.]M. [ > or- ehafeeal
;] 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 notified. Subsequent work shall proceed
Ell
upon an archaeological clearance from DLNR-SHPD when it finds that sufficient
mitigation measures have been taken.
[I✓]N. Comply with all applicable County, State and Federal laws, rules, regulations and
requirements[;]_
[NflO. 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[;]_
[l]P. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the change of zone. 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 and the Planning Director acknowledges that ftuther
.reports are not required[; -ate;]_
[�]Q_ [i€] If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the Planning Commission and
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] may
initiate rezoning of the area to its original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and stricken through. New material
is underscored.
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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.
Kona, Hawaii
Date of Introduction: May 6, 2015
Date of 1st Reading: May 6, 2015
Date of 2nd Reading: May 19, 2015
Effective Date: June 12, 2015
REFERENCE Comm. 232
INTRODUCED BY:
�Lf�I�I r
In
CIDUAMIT C'OUP.,'TC-B."
-IS Amrounf Streat
HUG, 1-kmff 96720
IT-0-M&I
an Bill mo. 3 (D -raft 3) , O�:dirkance mo,.
reference is made to a map attached hereto, marked
Exhibit '-A-'.
Said Ezhibit is not part of the duplicate copies og
this OrdinBnCe, due tO its Size, but is available for
viewing in the office of the county merk.
If further information is needed,, call 961-8255,
Robin -J. Yahiku
COUZTY CLERK
FOR REFERENCE ONLY
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Introduced By: Greggor Ilagan (B/R)
Date Introduced: May 6, 2015
First Reading: May 6, 2015
Published: May 16, 2015
REMARKS:
Second Reading: May
19, 2015
To Mayor:
May
28,
2 015
Returned:
June
12,
2015
Effective:
June
12,
2015
Published:
June
20,
2015
REMARKS:
COUNTY CLERK
COUNTY OF HAWAI' I
RECEIVED
Time 3c� Byc�
Date z �---
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Ilagan
X
Kanuha
X
Onishi
X
X
Paleka
X .
Poindexter
X
X
Wille
X
8
0
1
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
8
0
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
�^ CONNCCHAIRP RSON
Approved/Dis proved this 1 day tA
20 "' C Y CLERK
MAYOR, COUNTY OF HAWAPI
Bill No.:
s
Reference: C-232/PC-19
Ord No.: 50