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Home My WebLink AboutCOM 0481.003 2006-2008 K Angel Pilago ty o.x.,~ Phone No.: (808) 327-3642 Council Vice Chair ~!o Fax No.: (808) 329-4786 Council Member, District 8 E-Mail: kapilago@co.hawaii.hi.us ~I~i'\ ••r+•or w~'M HAWAII COUNTY COUNCIL County ofHawai `i Kailua Trade Center 75-5706 Hanama Place, Suite 109 , Kailua-Kona, Hawaii 96740 DATE: August 2, 2007 TO: Pete Hoffmann, Council Chair And Members of the Hawaii County Council FROM: I~Angel Pilago Council Member RE: Proposed Amendment to Bill 113, Draft 2 (Relating to 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. Applicant: Waikoloa Mauka, LLC Upon inspection of Bill 113, Draft 2, which amends Ordinance No. OS-157, it was discovered that language from Condition `H.' was inadvertently omitted. This language was omitted in the initial submittal of Bill 113. Please see the attached memorandum, dated August 1, 2007, from the County of Hawaii Planning Department. Also, please note that Condition `H.' has been altered to Condition `J.' due to previous amendments and that the okina in Hawaii in the third sentence has been added as well. Therefore, the proposed amendment to Bill 113, Draft 2 would read as follows: "J. 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. Prior to the submittal of plans for a grading or anv associated permit for agolf course to the County for review and approval, the applicant shall consult with the Waikoloa Vi11aQe Association and the County Council relative, /toy tphe Comm. Na 0 Ref. To• U r•/ Ref. Date 2 Z_ Hawaii County !s An Equal Opportunity Provider And Employer Pete Hoffmann, Chair And Members of the Hawaii County Council August 2, 2007 Page 2 of 2 timing and pronriety of such use. This 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, [l-Iawai~r] Hawaii Revised Statutes, clearly establishes the legality of this project in the Agricultural State Land Use district, including the residential uses of the lots;" A copy of the proposed Bill 113, Draft 3 is attached with the language being proposed for Condition `J.' bolded for illustrative purposes, to differentiate this proposed language from previous amendments made to Ordinance No. OS-157. KAP/mpd Att. . ~ . , ~ , c:'. M L= August 1, 2007 V rte To: K. Angel Pilago, Chair, Committee on Planning s And Members of the Hawai i County Council ~ ~ From: Christopher J. Yuen a-q~, ' Planning Director -`~cr Re: Waikoloa Mauka, LLC Condition H, Ordinance No. 05 157 Waikoloa Mauka, LLC requested an amendment to Conditions B, C and I of the above-referenced ordinance in March, 2007. On May 24, 2007, the Planning Commission voted to send a favorable recommendation on the request, with amendments to conditions. In our transmittal to the Council, Condition H does not reflect the current language in the ordinance, as a portion of the condition was inadvertently omitted. Condition H should read as follows, as currently reFlected in Ordinance No. OS 157: "H. Before final subdivision approval, applicant must obtain reclassification of the RA-1a 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. This 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 the residential uses of the lots;" We apologize for the oversight on our part. P:\wpwin60\pcVetters\200TLW aikoloaMaukaCC.doc xc: Amy Self, Esq. ?Jon Hendricks, Legislative Auditor AN ORDINANCE AMENDING ORDINANCE NO. [93-d-S7] OS-157, WHICH AMENDED ORDINANCE NO. [9-5-Si-] 9551, 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. [93-~~7] OS-157 is amended as follows: "SECTION 3. [ ~ 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 may be 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~roposed use, or 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 [F ~ shall be secured within [t°~;z-o;] five 5 years from the effective date of this new amendment. Plans for , ' ]the off-site roadway improvements 9 re uired in Condition C, shall be submitted ..w ] no later than six months [afteF ° a°'°~~~~°'~°- ,.r«,.° °v:w...~°..°.,,°.,.~ n ° Rte] from the effective date of this new amendment. The applicant shall install 1 and dedicate the [ ~ ]intersectional improvements required in Condition C prior to [the] receipt of Final Subdivision Approval [fer-mere-tl~ ~ cn ,.r....e..... ,.,._e.. ,e,... ] 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 occupancypermit shall be issued until all of the infrastructure imnrovements 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 [may] 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 [~~~°r] imyroved by a "roundabout" system meeting with the requirements of the Department of Public Works. [q'hese] The first channelized intersection improvements on Waikoloa Road 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 [ ] (Subdivisions]. The second channelized intersection improvements on Waikoloa Road shall be provided prior to [end] or in conjunction with the onenin¢ and use of the project's second access; 2 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 [ ]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. A Solid Waste Management Plan shall be submitted to the Department of Environmental management for review and approval prior to the issuance of final subdivision approval. G. A water system meeting with the approval of the Department of Water Supply shall be provided or bonded prior to issuance of final subdivision approval. At no cost to the county, the water system shall include the construction of on and off- site water reservoir(sl, appropriate transmission system to and within the subject site, and other related appurtenances. Said system shall also include provision(s), such as a separate irrigation meter or system throughout the subdivision, to monitor and control excessive use of potable water for irri atg ion. [F:]H_Comply with all applicable County, State and Federal laws, rules, regulations and requirements; [(C-]I_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 3 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 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; [l~:]J_Before final subdivision approval, applicant must obtain reclassification of the 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 proAriety of such use. This condition , exceat 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, [1=In~aii] Hawaii Revised Statutes, cleazly establishes the legality of this project in the Agricultural State Land Use district, including the residential uses of the lots; [l-]K. 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 may be 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 yeazs 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 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 may be adjusted annually beginning three yeazs after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index 4 (HCPI). The fair share contribution shall have a maximum combined value of fe°~ °O~] $10,368.57 per single-family residential unit. [Lased-~gerr~he .....l:nn...r~n n..rnr:......F :..4,...r r.. An..nl..~ n e..rnl ..F ....n h....A«°A n..A o..r., F:.,,. /17c\ n nln Fn~.:1.. «nn:,7n.,r: nl ...:r.. the :..A;,.°roA r..r~l .,F F~;« ~h~«o e ,...r«: h..ti.....:.. S1 9AQ AL1 7G F «rhn ,.1.. F.....:1.. «nn:An~r:nl ~:rn II....,°..n« f ) > rhn r,.rnl n.«....~r nhnll 1...:~,.«,.....,,,1 «nA..nnA ~«..~..«r:.......:rh rh° nnr,. nl ~.hn« ..F rn n ,.«,1:..,. rhn nnln..l nr:..~ n.,,7 °.,r n°r F «rh : The total amount shall be determined with the actual number of units according to the calculation andpayment provisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: • [$4,5~-~93] $4,999.91 per single-family residential unit [dyed ...7 ....r.. A..n /17G\ n nln f L. «nn:A°..r: nl ...:r.. C ...l:.. nr°.1 r..rnl °°F eo^] to the County to support park and recreational improvements and facilities; • [32-3~] $241.20 per single-family residential unit [r « h..~a«n,l ,...r.. F.. n /1 ^/C\ n ..ln F ...:1.. r:°1 , ..:r.. F .,A:..°roA r..r~l e€~49;6~3-3A] to the County to support police facilities; • [$439:$6] $476.39 per single-family residential unit [ ,...r.. C...,. /17c\ ..ln F ...:1.. « n:An..r: nl ...:r.. F ..A:nnr°A r..rnl ..F X59] to the County to support fire facilities; • [~99:i18] $208.57 per single-family residential unit [ ~FQ~G~3o] to the County to support solid waste facilities; • [$4,58:82] $4,442.50 per single-family residential unit [f ««,e h....,]«°,1 °~a n~r.. F...° /1'7G\ n ....ln F ...:1.. «nn:,7n.,r: nl . ~:rn i:.« n 5 ] to the County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, which may include amulti-pumose 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; [~]L_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; [IB]M. 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 aze not required; [IT]NShould any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the azea to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material 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. 6