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Home My WebLink AboutBIL 113 Draft 01 2006-2008 ~VV os y COUNTY OF HAWAII STATE OF HAWAII h~OYM~ BILL NO. iii ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. OS 157, WHICH AMENDED ORDINANCE NO.95 51, WHICH AMENDED ORDINANCE NO. 90-160, AND WHICH RECLASSIFIED LANDS FROM AGRICULTURAL 5-ACRE (FORMERLY UNPLANNED) AND MULTIPLE FAMILY RESIDENTIAL 1,500 SQUARE FEET (RM-1.5) TO RESIDENTIAL AND AGRICULTURAL 1 ACRE (RA-la) AND OPEN (O) DISTRICTS AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-8-002:PORTION 016 AND 6-8-003:PORTION 032. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. OS 157 is amended as follows: "SECTION 3. (-rr,:.. ,.r..,..,.,, a:..._:,.. ,.i,.,,..:r ....a:.:,..,va .we c n,....:..,.;) In accordance with Section 25-2-44, Hawaii County Code 1983 (,2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: 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 its assigns shall be responsible for complying with all of the stated conditions of approval; B. Final Subdivision Approval [r - shall be secured within [ten-E19j] five 5 years from the effective date of this new amendment. Plans for ~ ~^'°a~~°] the off-site roadway improvements q re uired in Condition C, shall be submitted - later than six months after a determination of the type of improvements (i.e., simalized or roundabout) is made by the Director of the Department of Public Works. The applicant shall install and dedicate the [ ] intersectional improvements required in Condition C prior to [the] receipt of Final Subdivision Approval "-^~'cn'°'° ] or sooner in the event the warrants for such installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, [ the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be 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, final subdivision approval for the subject property or portions thereof shall be granted [to] in lieu of the actual construction of required infrastructural improvements. No occupancy permit shall be issued until all of the infrastructure improvements covered by the bond or surety have been constructed and approved by the County: C. Access shall meet with the requirements of the Department of Public Works. Direct access to Waikoloa Road shall be limited to [exe-roadway] two roadways from the project site. These accesses shall be fully channelized with dedicated left and right turn deceleration and acceleration lanes on Waikoloa Road. Waikoloa Road-Pua Melia Street-Paniolo Avenue intersection shall be channelized and signalized or improved by a "roundabout" system meeting with the requirements of the Department of Public Works. [d'kese] The first channelized intersection -2- improvements together with other improvements required by the Department of Public Works based upon a current Traffic Impact Analysis Report shall be provided in conjunction with final subdivision approval of the first increment, or as otherwise provided by Chapter 23 (Subdivision Control). The second channelized intersection improvements shall be provided prior to and in conjunction with the opening and use of the project's second access; D. 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 Lr°•~°~~~ ^ ~°-•°°J Administrator of the Office of Housing and Community Development prior to final subdivision approval; E. A drainage system shall be installed in accordance with the requirements of the Department of Public Works and other affected agencies; F. Comply with al] applicable County, State and Federal laws, rules, regulations and requirements; G. 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 Planning Director for review and approval prior to the issuance -3- 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; H. Before final subdivision approval, applicant must obtain reclassification of the RA-la zoned area from the State Land Use Commission to the Rural or Urban district. This condition maybe 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 the residential uses of the lots; 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 maybe increased or reduced proportionally if the lot counts aze adjusted. The 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. The fair shaze 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 maybe adjusted annually beginning three years after the 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 rc°,] $10,368.57 per single-family residential unit. [F~-~e~e ~,I:,.....r~~ ~ o..r..r:,... ,.F;.,ro.,r r...lo..ol,...., r..r..l ,.F..«e 1.,.«,]«e,7 ,.«,7 ~..r.. '*YY~ o 0 F...o /1'7G\ ~ ..la F ...:1.. ~o~:.]ew:~l , ..:r.. rl.o :..A:...,reA r..r..l ..FF ..1....-e -4- n....!_a...ti..« N1 9A0 ACl 7G C _l1... ...«..1° C 1..«°n:A°«ti nl ..«an IIn....°..°_ !1.° • f «:!n n .._a:v. r. nnln..ln4:..« n..a ..«4 r: n;°«n n°! F «41.:« 41.:n eexd~ien:] 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: • [Q",4~~] $4,999.91 per single-family residential unit [fef-exe-lamed «a n r...° /1 ~c\ n ..1° r .«:1.. «°n:a°«l:nl . «:!n ~ « n« ;«a:nn!°,~ !..lnl ^FQ4Ao '~,",''-.,'3] to the County to support pazk and recreational improvements and facilities; • [~4~] 2$ 41.20 per single-family residential unit [F >,••«a«°,, ^rc^~0;6;T60] to the County to support police facilities; • [$43-9-06] $476.39 per single-family residential unit [ a..° /1 ~c\ n ^7° r .«:1.. _°n:a°«!:°7 . «:!n r _ :«,l:nn!°a t...nl ^r QQn~60] to the County to support fire facilities; • [~00-48] $208.57 per single-family residential unit [F « «A n F...° /1']G\ n ^7° F .«:1.. «°n:A°«tinl «a.. C _ n« :«A:....l..A l..Ml ^re~c~,' to the County to support solid waste facilities; • [$4,2$a 8~] $4,442.50 per single-family residential unit [F «ie /,..«^«^a ,.«a a..° n ~c\ n °h r...«:1.. _°n:,/°«l; nl . «:!n r _ n :«,,;^n!°,, .^!n, ^rc-,^n 1 A~ cn] to the County to support road and traffic improvements; -5- In lieu of paying the fair shaze contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, which may include amulti-purpose community center, 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; 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 be credited towazds the requirements of the Unified Impact Fees Ordinance; K. An annual progress 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. 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; L. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. -6- 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. INTR D CED COUNCIL. MEM R, COUNTY OF WAI`I Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -7- _ 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. INTRODUCE BY: COUNCIL MBER, COUNTY O AWAI`I Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 481 -7- 9 r I i i ~ ,o r ~ .~~-1010, ao~c~NO ! d a° ~ ` ~ y ^ \~O~D~W~ II i-- - I ~ ~ ~ ~in~a~ I 0 I ~ ~ ~~baMy ( f 0 2 M . I ~~`.I y ~"y O " a ~I ~ 0 - O I 1 ~~t 1 I ~a r yyy I ; ; I O .,ho IGG Ir. ~ ~ ~1 ; G 2 "I ~ I ~ 1 ~ ti ,,.G' 1, 0 CV r IIt4 ~ ti ~ VIA ~ v\ ~ II111111i 1~ I~L~, `y 1 Il y+~ P FOR REFERENCE ONLY I ~d ~