HomeMy WebLinkAboutBIL 113 Draft 03 2006-2008 ~~t'~ w N"•:4
COUNTY OF HAWAII STATE OF HAWAII
oi'w~'~•
BILL NO.
ORDINANCE NO. (Dx~.>'r 3 )
AN ORDINANCE AMENDING ORDINANCE NO. [A~37] OS-157, WHICH AMENDED
ORDINANCE NO. [~31-] 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. [A3-137] OS-157 is amended as follows:
"SECTION 3. [Tl.:.. ,7:..~«:,.a °1°~~: F. ,.,.ti..~ : ..~Aa..~°A . ~ ?l.° F lL...,:«,..1
In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the Countv J
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 emanatine from the land use
proposed with respect to:
Protection of the public from the potentially deleterious effects of
the proposed 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 '''c shall be secured within
[tert{~9j] five 5 years from the effective date of this new amendment. Plans for
[i : ~u~tr::~tur°' ~~°'~a~~°] the off-site roadway improvements
required in Condition C, shall be submitted
later than six months ° a°'°~~~~°'~°~ °r.,.°'. °F:.«~-,.•.°-~°«*^': °
«..1:.,,,,] «.i..l.....r\ : .......,7.. 1... Fl.° n:«°..t..« ..F ?l.° Tl°«...w.....,,«t ..F D..1.1:,.
~Verks] from the effective date of this new amendment. The applicant shall install
and dedicate the [ ]intersectional improvements required in
Condition C prior to [the] receipt of Final Subdivision Approval [€er~nere-tl~n
~ cn °r... ] 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, r°~''°°a~'~°«'' ]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 [}~ieF-te] 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 [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 [sigxakzed-er] improved by a "roundabout" system meeting with
the requirements of the Department of Public Works. [T~iese] 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 ['~••'•a~°~°~°~ (Subdivisions. The second channelized intersection
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improvements on Waikoloa Road shall be provided prior to [aim] or in
coniunction with the opening and use of the proiect'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 [ ]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 svstem meetine 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 svstem shall include the construction of on and off-
site water reservoir(s), appropriate transmission system to and within the subiect
site, and other related appurtenances. Said svstem shall also include provision(s),
such as a separate irrigation meter or svstem throughout the subdivision, to
monitor and control excessive use of potable water for irri ation;
[~]H. Comply with all applicable County, State and Federal laws, rules, regulations and
requirements;
[F-]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
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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
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-la zoned area from the State Land Use Commission to the Rural or Urban
district. Prior to the submittal of plans fora rg adin og r any associated permit for
a Qolf course to the County for review and approval, the applicant shall consult
with the Waikoloa Village Association and the County Council relative to the
timine and propriety of such use. This condition, except for the consultation
requirement for any eolf course, may be waived by the Planning Director, after
consultation with Corporation Counsel, if an appellate judicial decision, or
substantive change to Chapter 205, [~aivair] 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 are
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 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 shaze
contribution in a form of cash, land, facilities or any combination thereof shall be
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determined by the County Council. The fair share contribution may be 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
(HCPI). The fair shaze contribution shall have a maximum combined value of
rem] $10 68.57 per single-family residential unit. [l3~
««l:..n«r4. « n«tnt:..« ..f:«~°«t A,.. °1..« n ?..~nl ..F..«n 1,..«A«nA n«A n ,.«t.,
F.. /17G\ ..In F L. « n:A°«ti nl . «:a., rhn :«.l:nntnA ?..,nl nFF :_..1..._,.
°
..«a_:1...t;..« :n Nl ^/AQ AL1 7G F _ A.,. ,.ln Fn...:1.. n:An«tinl . U«...,..,n«
f f n >
rhn t°t°1 n nl.nll .....7 ^ «nA..nnA ; «n«a:,.« :N. A.....n,..nl
.....1..,.« ..F.. «:fn n ..«.7:«.. t.. tl.,. ,...1,...1..ti.~.. n«.7 n«} ....a C .wl. :
tl~s-ee~itierr.] 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:
• [s13] $4,999.91 per single-family residential unit [€er~e-Imndred
«.7 n«~.. F...n /17C\ n ..ln F «.:1., _,,..:,1,.«ti..l «:rn F « n «A: nn,nA an,..l
^FQ4A,~] to the County to support park and recreational
improvements and facilities;
• [~?42] $241.20 per single-family residential unit °«°'-••«a«°A
«a n n«... F..° /17c\ «..1,. r°...:1.. « ..:an«t:nl . r _ «a:nn.na ,„rnl
e~$4&F~3-39] to the County to support police facilities;
• [$49:9(] $476.39 per single-family residential unit [
°«t.. F...n /17G\ n nln F «.:1. _ ..:.ln«tinl «an Fn« n «.l:....tn.J ?ntnl ..F
QOf~~9] to the County to support fire facilities;
• [g] $208.57 per single-family residential unit [
«a r...° n 7c\ ,.1,. rn...a.. _nn:,ln«.:..t «:,n Fn_ n «a:nn.na ?..,nl
G~--,'-7,--' to the County to support solid waste facilities;
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• [$4;289.82] $4,442.50 per single-family residential unit [F
„a:,.,,wa .,..,.i ,.r c^rnn i n z cn] 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-numose 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;
[l~]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
are not required;
[lT]N. Should 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.
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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 BY:
~
COUNCIL ME ER, COUNTY O AWAI`I
Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2°d Reading:
Date of 3`d Reading:
Effective Date:
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