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Home My WebLink AboutBIL 327 Draft 01 2002-2004 ~'OIJ1~17'Y ~F I-~P~WAT`~ ~T~'T~: ~F ~-~~A I`~ BILL NO. _ 327 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 91 71, WHICH AMENDED ORDINANCE NO. 89-54, WHICH RECLASSIFIED 2.23 ACRES OF LAND FROM A MULTIPLE FAMILY RESIDENTIAL 1,000 SQUARE FOOT (RM-1) TO A RESORT-HOTEL 1,000 SQUARE FOOT (V-1) DISTRICT AT PUAA 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-9:40. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 91 71 is amended as follows: "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 stated conditions of approval; (B) A Special Management Area (SMA) Use Permit application for the proposed development shall be filed with the Planning Department within one year from the effective date of this new amendment; (C) A drainage system shall be installed in accordance with the requirements of the Department of Public Works; Access to Alii Drive/Walua Road and Kuakini Highway including the provision of sieht distances, and the followine movement restrictions, shall meet with the approval of the Department of Public Works. 1. Movements allowed at the Kuakini Hi way approach may be limited to rip]rt into and right out of the subiect property when future Kuakini Hi lg lway improvements are made. 2. Movement restrictions along Alii Drive/Walua Road shall be determined when -1- final geometries are submitted prior to receipt of Final Plan A proval. The applicant shall provide a 5-foot wide road widening setback easement along the Alii Drive/Walua Road frontage and dedicate it to the County at no cost upon request by the Department of Public Works. The applicant shall provide full improvements to the entire frontage alon Alii Drive/Walua Road consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and anv relocation of utilities. Install street liehts, signs and markings meeting with the approval of the Department of Public Works, Traffic Division. If concurrent and appropriate, in lieu of improving the Alii Drive/Walua Road fronta eg the applicant shall participate with equivalent fundin og f and provide right-of-entry for Count planned Alii Drive i ~rovements, meeting with the approval of the Department of Public Works. The applicant shall provide full improvements to the entire fronta eg along Kuakini Highway consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and anv relocation of utilities. Install street li hg ts, sieps and markings meeting with the approval of the Department of Public Works, Traffic Division. If concurrent and appropriate, and in lieu of improving the Kuakini Highway frontage, the applicant shall participate with equivalent funding of and provide right-of--entry for Countv-planned Kuakini Highway improvements, meeting with the approval of the Department of Public Works. ~~LC~6S~ccor d_~'do ll~ t.n « 'an,t t,.«,. n l:: r~_:..,. r«nn4:«,. ~ ~ b....cc.. S-a:'... o'.uv:v'uxac nxxpioV°cxxxBr2tS vo-pro'r'iaca ¢~onSz xzxx nxaTO-rizccxxxrb ..:4t. 4t.~ .nt ,.~«z,,, rin«n..4.,,n«4 ,.a•n.,t.t:n ~x~,...t.n « _ 4.. _ c.... uyjzrv.u, vc ix e (t1 [Atlae- -,•na..,n..:.,,«_,. a:,.«,..tie I~::u.:i^.: u:,.t,,..n., n .d ..lii U. /v.~«fn nnn .«nt...t:«.. 4n 4t.n «~~«u«4v n{,ntt tin ««n..:.t n.t : ..~.tn«.... ...:4{, as vai ubvu~ iaaw uv iib uvvvoovu 4 p -2 _~,...:_e.,,.....,. ,.r.,.,. T,,,......«...,.... ,.r D,.w,:,. ~x~,..-, ] A comprehensive traffic management proposal, approved by the Department of Public Works, shall be submitted with the Special Management Area (SMA) Use Permit application; [(~](I~An intensive archaeological survey and mitigation plan be submitted with the SMA Use Permit application; [(f~](I~Should any unanticipated archaeological sites be uncovered during land prepazation activity, work within the affected area shall cease immediately and the Planning Director notified. Work within the affected shall not resume until clearance is obtained from the Planning Director; [(Ifj](~The method of sewage disposal shall meet with the approval of the appropriate governmental agencies; [(Ij] (1~A11 applicable County and State laws, rules, regulations and requirements shall be complied with; The applicant shall make its fair shaze contribution to mitigate the potential regional impacts of the subiect property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of multiple family residential units proposed to be developed by the amounts allocated for each such unit, and shall become due and payable prior to the issuance of the Certificate of Occupancy for any unit on the subject property or its increments. If the subject property is developed in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner accordine to the number of proposed multiple family residential units in each such increment. The fair share contribution, in a form of cash, land, facilities or any -3- combination thereof, acceptable to the Planning 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 per multiple- familyresidential unit. Based upon the applicant's representation of intent to develop a total of ninety-three (93) multiple-family residential units, the indicated total of fair share contribution is $577,163.58 for 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. $3,061.27 per multiple-family residential unit for an indicated total of $284,698.11 to the Countv to support park and recreational improvements and facilities; 2. $96.75 per multiple-family residential unit for an indicated total of $8,997.75 to the County to support police facilities; 3. $297.62 per multiple-family residential unit for an indicated total of $27,678.66 to the Countv to support fire facilities; 4. $132.65 per multiple-family residential unit for an indicated total of $12,336.45 to the County to support solid waste facilities; and 5. $2,617.77 per multiple-family residential unit for an indicated total of $243,452.61 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 (HCPII. In lieu of paving the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste -4- disposal facilities, and roads within the region impacted bLproposed development, subject to the approval of the Planning Director. [(3~](M~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; To ensure that the Goals and Policies of the Housine Element of the General Plan are implemented, the applicant shall comply with the requirements of Chanter 11 Article 1, Hawaii Countv Code relatine to Affordable Housine Policv. This requirement shall be approved by the Countv Housine Agency prior to Final Plan Approval. [(I£~](O)An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of zone change. The report shall address the status of the development and the compliance with the condition 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 [(E~](~ An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the 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 contrazy to the general plan or zoning code; 3) granting of the time extension would not be contrazy to the original reasons for granting of the change of zone; 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 -5- performed within one year maybe 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 Planning Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed 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: L ME R, O TY OF AI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: R;:i~:;~;.SC.:.~ ~o:~:m. 770 -6- \ ! ~ r~ , ~ ' ~C DAY [~e ...--.--~-^~i`~~ r"• ° . _ , T _ 1 y, A - r ~ , ~.i _ -.MULTI°l..Cv" ~A/`.±t 1~ ~~x' c_yy T~ R1a5oRT j .a~~... 7 a- s ate, •a~~4 ..l^.. .-J Z S A f,. n ~ 4 y" ti- 10 / . \ 'i y e / . AMENDNtENT TO THE ZONING CODE AMs=NOItVG SL~CT10f~t ~5-$~ (1'CASLI-tA UR~AfV 20N~ MAl°) AC~TTCL~ CHAi°^t'ETZ ~S (ZOt~tTNG CQpS; aF THE HAYVAI~ COI.tNT'~' CODE, EY GriAN~T1~;G THE v15TnICT GLASSIP)CF~"T1C:v F.t~'M n!J...T;F-_° f ,~~'ll.-Y (?~_~..TG~~Tfr~~. ~iZM-1; Tc t4ESOIQT- l-fOT'°1- (~/^t) AT FIJA'A ~Np, NOt4T!'i tCONA, T-:AWAIT. -rev, :t ~ ~-3 • oo ~ ~e p~9 sus FYy1917 eiA°