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HomeMy WebLinkAboutBIL 327 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 327 (Dr~F-r z ) 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 Deparhnent 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 Hi~hway includine the provision of sight distances and the followine movement restrictions, shall meet with the approval of the Department of Public Works. 1. Movements allowed at the Kuakini Highway approach may be limited to right into and right out of the subiect property when future Kuakini Highway improvements aze made. 2 Movement restrictions along Alii Drive/Walua Road shall be determined when -1- final geometrics are submitted prior to recept of Final Plan Approval. The applicant shall provide a 5-foot wide road widening setback 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 along Alii Drive/Walua Road and collector street improvements to realign the intersection of Walua Road and Alii Drive, meeting the approval of the Department of Public Works, consisting of, but not limited to pavement widening with concrete curb Butter and sidewalk, drainage improvements and any relocation of utilities. Install street lights, signs and mazkings 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 frontage, the applicant shall participate with equivalent funding of and provide right-of--entry for Countv-planned Alii Drive improvements meeting with the approval of the Department of Public Works. The applicant shall provide full improvements to the entire frontage along Kuakini Highway consisting of, but not limited to, pavement widening with concrete curb gutter and sidewalk drainage improvements, and any relocation of utilities Install street lights signs 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 provideright-of--entry for Countv-planned Kuakini Highway improvements meeting with the approval of the Department of Public Works. -2- ° n°~°.,--,°°~ ^a n.."c^ "'^-L° ] A comprehensive traffic management proposal, approved by the Department of Public Works, shall be submitted with the Special Management Area (SMA) Use Permit application; [(£~](H~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 preparation activity, work within the affected area shall cease immediately and the Planning Director notified. Work within the affected area shall not resume until clearance is obtained from the Planning Director; °°°r°~°s;] The applicant shall be required to hook up to the County sewer system; wit The applicant shall comply with all applicable Countv, State and Federal laws, rules, regulations and requirements; The applicant shall make its fair share contribution to mitikate 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 multipl~g 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 -3- 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 according 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 combination thereof, acceptable to the Planning Director in consultation with the affected aeencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $6,206.06 per multiple- family residential 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 County 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 County 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 $243452.61 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning -4- 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 of pa i~ng the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police solid waste disposal facilities, and roads within the region impacted bathe proposed development, subject to the review and recommendation of the Planning Director upon consultation with the appropriate agencies and approval of the Hawaii County Council. [(~](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 Housing Element of the 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 be approved by the County Housing Agency prior to Final Plan Approval. [(IH](~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 ~(~j(~ fin„ :..:.:,.i e.,.e.,..:,.., ,.F«:...,. ~«.ti,...,.«~ «.,,,,.,,,e,.F,.,...a:.:,...,...:,~:., .tio w b, u.in ~ -5- t>, .,_6ao« C .e..ve« 0.,.....«.7 t0.e ....«r..,.l ,.F t0.e ,.««1:,...«t u,v wwa.....,v vvuu va va u.c. uNpx , «a t0.... „ o ,...1.,. o .,It .,F rho ~ F ..h e G,. 7\ .:«S F 0. 6« b b~' 7~6r~ ...,try.., t.. r0.o .,,I «I..« ,.,1,,. Z\ w g.°..e. . Y...... v: ~ ..«ti«....F r0.e r:...,...wo«..:..« . ....I.7 «..t l,e ....«t«.,.., r« tl.,. «..1 F 6~ 6 r°,-p°cr3ov ox~bxxx¢cv~-grmvccv wr~crxvvcucmvv~~ircvicvircvrrcv-rw [i]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. ~ IN RODUCED BY: ~ ~ D ~kl CO CIL M MB ,COUNT OF HAWAI` Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: I.~; 1:~i Ccr-~m. 770.3 -6- r - .nom E~ ONEO DAY ~ _._-----r"_'~ r° ~ . , - ~l , _ T ~ .J `MU~T~°L~ !OAT.. L1' to' RLG ~+"j IG'=N71.4~ 'I'mo:.. r S --_RR - ~ - - _ Y _ a C . .Q l Y,C r~ .A nL•? L ~ ~a L ` R AMENDMENT TO THE ZONING CODE AMLC1~1L71TtG r38GT10N 2Ga-$°J ~1CASLUA LJl¢'©Aht 20Ni= MAl°) A{'4T1CL.C 3, CfiAF'TEt~ ~.5 (zOt~1tNG CCG>>?; C>F TH$ NAYJA)? C;~UN'7'~' COOL, ~'Y Gf-1AN311~:G 'T'HE DiST?@IC'j' ^:..ASS1F)Cf~TiC:V ~=•^c:M N-.+--.i i~`'-= f ,4M1--Y (~"'-.-~ILS~I i f~,t- (~M^t) TC i~ESO1:tT-J'-10'1-=1- (v-t) AT FuA'A 2hJ4, Nor~TH tCONA, 1'NAl^lA1l. TM ,.7.g. per, aC ~ v.9 'Sd. axtiI917 "A° l~~ . , c-'~~u r:°~~~