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Home My WebLink AboutBIL 089 Draft 03 2004-2006 tYNy IJ~ COUNTY OF HAWAII STATE OF HAWAII •••t1~p~~M~~ BILL NO. 89 Draft 3 ORDINANCE NO. AN ORDINANCE, AMENDING ORDINANCE NO. 95 51 AMENDING ORDINANCE NO. 90-160, WHICH RECLASSIFIED LANDS FROM AN UNPLANNED (U) AND MULTIPLE FAMILY RESIDENTIAL (RM-1.5) TO OPEN (O) AND RESIDENTIAL-AGRICUL"fURAL (RA-l a) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-8-02:PORTION OF 16 AND 6-8-03:PORTION OF 32. BE IT ORDAINED BY THFi CO[INCII, OF THE COUNTY OF hIAWAI'I: SECTION 1. Ordinance No. 95 51 is amended as follows: "SF,CTION 3. This change in district classification is conditioned upon the following. A. The applicant, successors or its assigns shall be responsible for complying with all of the stated conditions of approval; B. Final subdivision approval for not less than 175 lots shall be secured within (€we (3~~ ten 10 years from the effective date of this new amendment. Plans for infrastructural improvements, including off-site roadway improvements required in Condition C, shall be submitted in conjunction with construction drawings for final subdivision approval for any portion of the subject property. [o«:^~~~ 2n t n(l~ ,.F .1,,, L.,,,,.. ^I:.,,, r: e«.,. al.^ xx7.. a...I,..,/ D.,.. . ~ ,7 ,...,J ..1.,...1.x,.« ...:,7,...:..,.\ ...,yeti....., :.I..L.^ „F.L... ll,...,..w«. ~..a ,.C D.,I.I:,. \x~,..-L ..}.III l,o ..Iat-,J ....,7 ~ va. a.v"n} x^,x:,-~~^a ~ .,aa:.:^~, *]The applicant shall install and dedicate the traltic signalization improvements required in Condition C prior to the Final Subdivision Approval for more than 350 lots of twenty acres or less, or sooner in the event the warrants for such installation are justified by the ~c4~ief engi+3eer]director of public works. In lieu of actual construction of infrastructural improvements required herein, except for Condition C, the applicant may enter into an agreement with the County to assure the County that the infrastructural improvements will he constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County. tnal subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements. C. Access shall meet with the requirements of the Department o'f Public Works. Direct access to Waikoloa Road shall be limited to one roadway from the project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue intersection shall be channelized and signalized meeting with the requirements of the Department of Public Works. 'these improvements together with other improvements required by the Department of Public Works based upon a current Trafftc Impact Analysis Report ~d^,,"' n,.,.o».>,._ , oo~I shall be provided ,.»o»:»,. ,.r.r.. ,.,.1r c-parse-eel in conjunction with final subdivision approval of the first increment, c.°' J or as otherwise provided by Chapter 23 (Subdivision Control); D. fo 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 1 1, Article 1, H;rwaii County Code relating to Affordable Housing Polio This requirement shall be approved by the County Housing Aacnc~prior to final subdivision approval. ^ ,.r,tio r',..,,., r~,...~:»,. n,.o»,.. . .r.o ..o,.,. »,.,,,,»,7..,:,.» ,.F,t,o nFF,.o „F ~ r,,.,..:»,..,»a r,.»,»,,,»;,., n,.. „I,.»...~»~ .1..,~ ,l.o »I',.,,»,'.. „FF .,7„1.10 1,,.,, .-o,,,.; o»,~ :r 1..,,,o G. A drainage system shall be installed in accordance with the requirements of the Department of Public Works and other affected agencies; -2- Comply with all applicable County, State and Federal laws, rules, regulations and requirements~,:^nh,,J;.,,.n,..,,J;~,..,n„Frr~oDo....,:r>,r,. ~i~; ~`t. fcl,.,, t,J rl,., „ n;t n,J,,..r n 1 r.,:4: o,J r,,,..nnr coon ,.«,J:.. n.,,.o nor,:.,,. F,.«rJ. ,.«:rn«:n F,.« rl.., .'ti n« nF e., ..nti,..... A. .„.,,,.,r ,.F nr Foo. nn..Aa,..... n L..J o.l t, o..~:....-, nr rl.o .J,~.,ol....o«'n ._.I,_.,,r:.... 1.,~ nnr:..F.,~,J 1.. «,.«F n.. n,~ ..«,J n..no ...;rl, rH~ « o„rn .,+'rl.,~ I I.,:Fo,J 1.«....,.r coo.. n«,J:......,.,.. CJ A., n .nl o .,.r ~l.nll ho ..,.h..,: rr~.l r.. ?L.,~ Dln....:.... n:«~.,.r,.« «r.. rl..~ . r Fr1.n ,.l.n«.,.,, ,.F-,,...,. Tl.o «o.....r nl.nll n,J,J«on.. 8k31#r`d2F:ri3i~'-t tn~2 06~}tlf, x~6 t~lf_Sti3tk#Yf~rl.,~ ate. ~I....... n...J rl.o „I: n..n.. :rl, rl... ..,J: r: ,.F n.....«... nl Tom: ~ ~ ~nQitit.., nl.nll « nFF~..r ..,r:l II ,.f rl.n n....,l:r:...... ,.F nl I, n. J~oo., n nl:~a .,...1 rl,o Dln..,.:..., n:«onr..« n,.L...... Io.J..on rl. nr F....rl.n« «o..,.«r.... ..r A.. o., r ..F r:...,. F,.« rl.,. ...,.«F,.«„,n«n„ ..C.......J:f:....n rl.:., rl..~ «.1:...,..no 1.,. ,.«...r..,l L.. r4.o DL,....:..,. n:«„nr,.« rl.o F I1,.., ,.:«n..... nrn„,.on. 'I'4....,... ..~.«V:. n.Kn..: , rl... «.,...It ,.F ,.....,l:r',..... r4...r n,...l,l ..,.r 1.....,. L.n,... F,.«n,.,.n.. rm 1 r:,.,. i'A.,. ?:.„n o.,r ..1,J «,.r cn ,.,.«r«....., r,. rl.n ro«o«nl Dln.. ElE~-E i. ~rent;~b of the tame e~o+~sien Weald-neE be senfr~ Ea~~",~°-ertginal ..F «ri.n ,.Frl.n nl.......n ,.F-......,. Z Tl.,, r:...n n.,r..«n:,.« ,.«..«r.~,J ..1...11 1... F,.. ..,.r r,....,,... ~a rl.. ,.,1 ~r`c~ n:..n11. «....r..,J ..o«F,. «.«n..,... ~ ..,...,Ja,... r,. 1... ...o«F o,J :rl.:« L`o o.,r o...loa f «...n r.... n.J.J: r:.....,1 n«l• n...J ~ IF rL.., «..I:......r .-L,.,, 1.1 n,l,J:r:,.....1 o.,ro.. n:,.« ,.F r:.«e rL.., DI n'«.,nr... nL...ll {.„.,:r rl.,~ n ..I'nn.. r'n « onr rL..~ ..r. ~l -3- Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each 1-acre lot. This restriction may be removed by amendment of this ordinance by the County Council The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planing Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; ll. Before final subdivision approval, applicant must obtain reclassification ofthe RA-1 a zoned area from the State Land Use Commission to the Rural or Urban district. Prior to the submittal of plans for a grading or any associated permit for a golf course to the County for review and approval, the applicant shall consult with the Waikoloa Village Association and the County Council relative to the timing and propriety of such a use. "Phis condition, except for the consultation requirement for any golf course, may be waived by the Planning Director, after consultation with Corporation Counsel, if an appellate judicial decision, or substantive change to Chapter 205, Hawaii Revised Statutes, clearly establishes the legality_of this project in the Agricultural State Land Use district, including residential uses of the lots I. The applicant shall make its lair share contribution to mitigate the potential r~ional impacts of the property with respect harks 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. "hhe fair share contribution shall become due and payable 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. "hhe fair share contribution for each lot shall be based on a maximum density for each lot as -4- determined by the zoning resulting from this chance of zone. The fair share contribution in a foem of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annuall~be ~i~ nning three years after the effective date of the amendment to the ordinance, based on the percenta eg change in the Honolulu Consumer Price Index (HCPI). 'fhc fair share contribution shall have a maximum combined value of $9,991.21 per single-family residential unit. Based upon the applicanPs representation of intent to develop a total of one hundred and seventy five (175) single-family residential units. the indicated total of fair share contribution is $1,748,461J5 for the single-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 per single-famil~esidential unit shall be allocated as follows: • $4,817.93 per single-family residential unit for one hundred and sevent, (175) single-family residential units for an indicated total of $843.137.75 to the County to support park and recreational improvements and facilities; • $232.42 per single-family residential unit for the one hundred and seventy five (175) single-famil residential units for an indicated total of $40.673.50 to the County to support police facilities; • $459.06 per single-family residential unit for one hundred and seventy five (175) singlo-family residential units for an indicated total of $80,335.50 to the County to support fire facilities; • $200.98 per single-family residential unit for the one hundred and seven , five (175) single-family residential units for an indicated total of $35,171.50 to the County to su~ort solid waste facilities; • $4,280.82 per single-family residential unit for the one hundred and seventy five (175~in~-family residential units for an indicated total of $749,143.50 to the County to support road and traffic improvement -5- 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 re ion 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; J. 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 he credited towards the requirements of the Unified Impact Fees Ordinance- K. An annual pro *reg ss report shall be submitted to the Planning Director prior to the anniversary 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. "Phis 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 reguir~d~ L. 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 material to be added is underscored. SECTION 3. [n the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -6- SECTION 4. This ordinance shall take effect upon its approval. INTRODUChD BY: COUNCIL Mk~''MBER, COU T OF HA AI`] INTRODUCED COUNCIL M ER, COUNTY HAWAII Hawai' i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: RcFERcYJCE: Comm. 230.9 -7-