HomeMy WebLinkAboutBIL 164 Draft 01 2006-2008 M~v or q._
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 164
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 97 56, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL- 5 ACRE (A-Sa) TO SINGLE FAMILY RESIDENTIAL- 10,000
SQUARE FEET (RS-10) AT KALAOA 4T", NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-3-028:082 - 102 (FORMERLY 7-3-010:037).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 97 56 is amended as follows:
"SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
SECTION 2. fTl.' 1, o ' ...1..~~: F...,,t:..« : «.l:ti..«e.l , . rl.o f 11.~~„i~l
In accordance with SecLtion 25-2-44 Hawaii County Code 1983 (2005 Edition), the County JJ
Council finds the following conditions are:
Necessary to rorevent 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 roublic from the potentially deleterious effects of
the rororoosed use, or
Fulfillment of the need for public service demands created by the
proposed use.
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 for the nronosed second increment shall be
submitted to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within [r~xiet}~(~]one hundred and eiehty (1801 days from the
effective date of this [erdi~axse]amendment.
C. The subject property shall be subdivided in two increments. The first increment shall
consist of a maximum of twenty-four (24) lots based upon the units of water available
and committed to the applicant by the Department of Water Supply. Subdivision of the
second increment shall be submitted only after the Department of Water Supply grants to
the applicant the necessary water commitments for each of the proposed lots of the
second increment. No variance from the minimum water requirements for any portion of
the subject property shall be granted.
D. Final Subdivision Approval of the proposed [_....:a,.~.:°' °°'~a~°~°~~~]second increment
within the subject property shall be secured from the Planning Director within five (5)
years from the effective date of this [s~e]amendment.
E. Restrictive covenant in the deeds of all the proposed residential lots within the subject
property shall prohibit the construction of an ohana dwelling or a second dwelling on
each lot. A copy of the proposed covenant 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 copy of the approved covenant shall be
recited in an instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval
for any portion of the subject property. A copy of the recorded document shall be
provided to the Planning Department upon its receipt from the Bureau of Conveyances.
F. In conjunction with Final Subdivision Approval for any portion of the subject property,
Holoholo Street shall be extended through the subject property to connect with Nana
Street and constructed to dedicable standards with paved swales, meeting with the
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approval of the Department of Public Works. This roadway connection from the
dedicated portion of Holoholo Street to Nana Street shall be dedicated to the County of
Hawaii upon completion.
G. Access to all lots within the proposed subdivision shall meet with the approval of the
Department of Public Works. Improvements within the proposed subdivision shall
include underground utilities.
H. Drainage improvements, if required, shall be constructed meeting with the approval of the
Department of Public Works in conjunction with Final Subdivision Approval.
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 Land and Natural Resources-Historic Preservation Division
(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological cleazance from the DLNR-HPD when it finds that sufficient mitigative
measures have been taken.
J. The applicant shall make its fair shaze contribution to mitigate the potential regional
impacts of the subject property with respect to pazks and recreation, fire, police, solid
waste disposal facilities and roads. The amount of the fair shall contribution shall be the
sum which is the product of multiplying the number of residential lots proposed to be
subdivided by the amounts allocated hereinbelow for each such lot, and shall become
payable prior to final subdivision approval for any portion of the subject property or its
increments. If the subject property is subdivided in two or more increments, the 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
additional proposed residential lots in each such increment. The fair shaze contribution
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may be in a form of cash, land, facilities, or any combination thereof acceptable to the
director in consultation with the affected agencies. The fair share contribution shall have
a maximum combined value of [e','1°x]$10,368.57 Per single-family
residential unit. Ln4:°" `"'`°.,L,^ "''divide
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e1 AL 111 AA 1, 1, L..L..1 .«L ..hnil 1... ]....~.,....°A «°A.,,.°A : ...,.L:.,., ,,,;rh
,..,Y.,
, _____T___-_____________________
Ll. L 1 1, f ..,..,:..:,]°a 1^L.. n ..~.1:.+.. L^ Ll.° ....1....1n4:.,., n,. ~l °.,4 n.,,~~
, r... '1....,.. T Tt. C „1.^71 _71__^a C_11.......:] The
total amount shall be determined with the actual number of units accordin tg o the
calculation and payment Provisions set forth in this condition. The fair share contribution
per single-family residential unit shall be allocated as follows:
1. [ez Ann oc .,°..1.,4 r _ :.,a:,.n4°a L.,.nl ^c ell Q cQQ.on]$4,999.91 per single-
family residential unit to the County to support park and recreational
improvements and facilities;
2. [e, ~o An...._,,.L c n..:.,a:°n4°A .„Lnl ^sec ~zc ~n]$241.20 Per single-family
residential trait to the County to support police facilities;
3. [czzz 1..4 ~ n..:..a:,.°L°a L.,LnI „ae/1 1n4'A]$476.39 Per single-family
residential unit to the County to support fire facilities;
4. [e, Ac ~z ,,.L c _ :.,ll:rn4°a L.,LnI ^F en ncl n4] $208.57 Per single-family
residential unit to the County to support solid waste facilities;
5. [ez , n, ~o 1..4 c ~ n., :..a:nn4°a L.,rnt ,.felnc~A~c.1_2] $4,442.50 Per single-
family residential unit to the County to support road and traffic improvements.
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The fair share contributions described above shall be adjusted annually beginning
three yeazs after the effective date of the change of zone, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). In lieu of paying 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 by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the segment of roadway which establishes a roadway connection
between Holoholo and Nana Streets (exclusive of interior subdivision roads), as
set Forth in Condition[s] F, shall be credited against the sum specified in
Condition J(5) for road and traffic improvements. For purposes of administering
Condition J, the fair market value of land contributed for such roadway segment
and the cost of constructing its improvements shall be subject to the review and
approval of the director, upon consultation with the appropriate agencies.
K. [T _n Lt. n4 LL,n ..,.nln n«,1 «nl: n: nn ..F LI.n i7,.,. n:.,.. Rle...o„r ~a£_Ll+n !_n«n_nl Dln«
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1 L..A A,n n««l: nn«L nl.nll n n R.n r ..r f},c /IFF,no ..F
n..: _,,...n«Ln :Fn«.. hn..n l.nn« m..4.. nll.. n.,.~aoA L.. R;.,~l 6,hd~:. .
, , y.,.... Y...,..., _
n...._n..nl r _ n«....,..,:,.., ,.rLl,o n„w:o,....,-^^~]To ensure that the Goals and
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Policies of the Housing Element of the General Plan are implemented, the
applicant shall comply with the requirements of Hawaii County Code, Chapter
11 as it relates to affordable housing Compliance with Chapter 11 shall be
approved by the Administrator of the Office of Housing and Community
Development for the entire protect prior to receipt of Final Subdivision Approval
for the proposed second increment.
L. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
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herein shall be credited towazds the requirements of the Unified Impact Fees
Ordinance.
M. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements;
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7 (_«..«ti«,. ,.F 4he 4:mu u.,4..«..:,.« ../A «,.r he ....«4«,.«,. 4.. 4he (`_e«e«.,/ Dl..«
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(`_«..«4:«.. ..F 4h,. a:«.,..,..4e«..:..« ......1.] he 4., 41.0 ...~:..:«nl
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Q. TrhC ~ « ..«4e,7 ..hwll he F r e«:...1 «,.r r~ e,...eY,7 rho .,o«:,..7
e e he u..4u«,lea r 4,. ..aa:};,.«.,1 . ~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.
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[I3]O. 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 it 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.
INTRODUCED BYE-,
`
COUNCIL EMB ,COUNTY OF HA AI`I
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 633
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AGRICULTURAL 5-ACRE {A-5a) RS
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A-Sa 10.2830 ACRES A-5• RS S
RS15
450 715 0 450 900 1350 7800 2250
Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL 5-ACRE (A-5a)
TO SINGLE FAMILY RESIDENTIAL 10,000-SQUARE FEET (RS-10)
AT KALAOA 4th, NORTH KONA , HAWAI I
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
K: 7-3-28:082-102 formal) 73010:037 Date: May 23, 2007
EXHIBIT "A" (R510 Kalaoa, LLC:1234)