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Home My WebLink AboutBIL 092 Draft 02 2004-2006 MtY as y~ ~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. 92 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 92 7, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL (A-3a) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH H[LO, HAWAI`l, COVERED BY TAX MAP KEY 2-4-3:POR. 21. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`1: SECTION 1. Ordinance No. 92 7 is amended as follows: "SECTION l . Section [~5-4-14] 25-8-33, Article [3] 8 Chapter 25 (Zoning Code) of the Hawai' i County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS-10): 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 of the stated conditions of approval; B. [ ]the required water commitment payment shall be submitted to the Department of Water Supaly in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this amendment: c. ~ • ]Final Subdivision Approval of the proposed subdivision development shall be secured within five (51 tears from the effective date of this amendment; -1- D. access to the proposed lots shall meet with the approval of the Department of Public Works. All driveway connections to Kawailani Street shall conform to Chapter 22, Streets and Sidewalks of the Hawaii County Code. Interior subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the approval of the Department of Public Works; E. underground utilities shall be constructed; F. a l0-foot wide road widening strip along the Kawailani Street frontage of the property shall be set aside and delineated on the subdivision plans. All structural setbacks shall be taken from this future road widening line; G. [ ~ A drainage study of the property if required shall be prepared bya licensed civil Pnuinrer and submitted to the Department of Public Works prior to issuance of a construction permit Drainag,,e improvements if required shall be constructed meeting with the approval of the Department of Public Works; H. The method of sewage disposal shall meet with the approval of the appropriate government agencies; 1. all development-Generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties; .I. 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 1 and and Natural Resources-State Historic Preservation Division (DLNR-SHPDI shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DI NR-SHPD when it finds that sufficient mitiGation measures have been taken ' K. the applicant shall make its fair share contribution to mitisate 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 -2- 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 p~able prior to receipt of Final Plan Approval or within five Years from the effective date of this amended change of zone ordinance whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zonint; resultingfrom this change of zone. The fair share shall apply to all lots in excess of two lots allowed by current zoning The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined b Count~Council. The fair share contribution maLbe adjusted annually beainnin tg hree years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPII The fair share contribution shall have a maximum combined value of $9 671 4~er single-family residential unit Based upon the applicant's representation of intent to develop a total of nineteen (19) single- family residential units the indicated total of fair share contribution is $183,757.36 for the single-family residential units. However the total amount shall be increased or reduced in~roportion with the actual number of units according to the calculation and p~ment provisions set forth in this condition The fair share contribution per single- family residential unit shall be allocated as follows: • P4 663 74 per single-family residential unit for the nineteen (191 since family residential units for an indicated total of $88,61 1.06 to the County to support park and recreational improvements and facilities • $224 98 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of $4 274 62 to the Count t~pport police facilities; $444 36 per single-family residential unit for the nineteen (191 single-family residential units for an indicated total of $8 442 84 to the County to support fire facilities; • $194.55 per sin Ip e-family residential unit for the nineteen (19) single-family residential units for an indicated total of $3 696 45 to the County to support solid waste facilities; -3- • $4 143 81 per single-family residential unit for the nineteen (19) single- family residential units for an indicated total of $78,73239 to the County to sport road and traffic improvements; In lieu of paving 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 b~proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. to ensure that the Goals and Pulicies of the Housing Element of the General Plan are implemented, [ ~'carrr-+hc`ii-nvi, f. .L.~c-cvmr, u,...~i..,. n,.o~.,f -~T ~ 74' 7-rwa ~vg~ cgc..,,~ ..,..r ] the ~licant shall comply with the requirements of Chapter I I, Article I, Hawaii County Code relatingto Affordable Housin Pg olicy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval; [d-] O. restrictive covenants in the deeds of all residential zoned lots shall prohibit the construction of [ . ] a second dwelling unit and condominium property regimes on each lot This restriction may be removed by amendment of this -4- ordinance by the County Council. The owner of theproperty may also, in addition, impose private covenants restricting the number of dwellinQS. A copy of the proposed covenant(s) to be recorded with the State Bureau of Convevances shall be submitted to the Planning Department for review and approval prior to the issuance of final subdivision approval ' r^.'..,..'°..,°...°.'^.. ^r'"~` .._.......o ~_r__.... " a " D~no.p°..«.,.°..«P«'°_.^ C..al "a;.,:~:^.. ^rr.^ .°i ~ A copy of [a--Eypi"~ec=ordec#] the recorded covenant shall be filed with the Planning Department ~ ' , ° ° . a.,.,, ,.e a..°i ~ "a:.:. ~.~at] upon its receipt from the Bureau of Conveyances; P. there shall be no construction of single-familydwellinas and related improvements, other substantial buildings, or subdivision roads within areas designated "AE", "AH" or "shaded" Zone "X" by the I; lood Insurance Rate Mates FIRM) except that subdivision roads can be built in "shaded" Zone "X". Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. A cop o proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A cry of the recorded document shall be filed with the Planning Department upon its recut from the Bureau of Conveyances. should any infrastructure improvements related to Kawailani/Komohana intersection be required of future developers, the applicants, successors or assigns of this project shall work with the Planning Department to pay for their pro rata share of improvements. The pro rata share determination and its implementation shall he approved by the Planning Department in consultation with the Department of Public Works or any County agency havingjurisdiction over any future infrastructure improvements; R. the applicant, successors or assigns shall be responsible for paying any additional real property taxes owed as a result of withdrawing the property from dedicated agricultural use to residential use prior to the sale of any lot; -5- [~~s. [ , w+th] the applicant shall com~iv with all applicable County~State and Federal laws rules regulations and requirements; T. 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 applicants' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; [8] U. an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the amendment to the [^~",a i~~~] ordinance. The report shall [a~ess~~ include but not be limited to, the status of the development and the extent to which [sew+3e~eivi~h] the conditions of approval are bein>; satisfied. "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 f~] [ ,J 1, 1... It F L. F .I~ o,.l'..o.. .._a..a I.o r„ao. f .I.o ,.F.tio rt,,. ..F 7~wa :~~o~~ , -6- [Further, should] Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director [ssI}a-II] may 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. - ODUCED l~Y: COUNCIL ER, C F H WAI`I i ~ COUN IL ME R, COUNTY OF H AI`I Hawai' i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ,r w. -7- W U Q A`~a A 3o RS-IS J Z ]F- Wp Q rr~ Qn ~ ~o u,~ ~ z ~ '366° 40' 460.00 ~-1 J Y a?s-.s I m m ~ m m 0 N AGRICULTURAL (A-3 a) 1~. N LIFe O'ARe YI CBNT~R ' To SINt3LC FAMIL7~ or r11LO RESIDENTIAL (RS-10) U AREA=6.000.3 ACRES O d ~ e A 3q r N A ~4 N _ ~ 190° 40' Rs-IS 28.26 12,~3~-7B S I.j=20-00 I, 149-4~ E "FiALAI" O RoP.ao^" KAWAILANI B5°4o'~-44o.oe ST14 f=ET 9TRE~T+ R9 10 RS 10 ~ R~ 15 1^ RO-lo N' LOOK u' YI Q o W j Rs to C j Q L r<'S 10 7 RS - le RS IS Y AMENDMENT TO THE ZONING CODE AMENDING SECTION ~5-114 (C1T7' OF HILO ZONE MA1°~ At?T1Ct_E 3, CF1AtoTER Z5 1`ZONiNG COOE~ OF THE HAWAII COUNT? CovE py CHANGING THE t71ST1ZtGT Ct_A551FiCAT10N F:?QOM AGI~tCULTUIQAL (A-3a~ TO SINGLE FAMIL7 IQCSIC7ENTIAL (IQS-10) AT WAIA- KEA, SOUTH Hlt_O, HAWA11_ I°REI°AIiE~ l9Y = PLANNING I~EPAI4TMEN"r' COUNTY of HAWAII TMK = ~-4-0~ 21 (I°oI~TION) ocT. ter, rg~r F X H I e I T llo° Puluwai, LL ormery awai am states artners ip