HomeMy WebLinkAboutCOM 0633.001 2006-2008 K Angel Pilago w Phone No.: (808) 327-3642
Fax No.: 808 329-4786
Council Vice Cbair c,. s ( )
Council Member, Ixstrict8 E-Mail: kapilago@co.hawau.hi.us
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•'~R.~.M'~1r
HAWAII COUNTY COUNCIL
County of Hawai 'i
Kailua Trade Center
75-5706Hanama Place, Suite /09
Kai[ua-Kona, Hawaii 96740
DATE: September 5, 2007
TO: Pete Hoffmann, Council Chair
And Council Members
FROM: K. Angel Pilago,
Council Member ~
RE: Proposed Amendment to Bill 164 [An Ordinance Amending Ordi ce No. 97-56,
which Reclassified Lands from Agricultural - 5 Acre ~A-Sa) to Single Family
Residential - 10,000 Square Feet (RS-10) at Kalaoa 4 ,North Kona, Hawaii,
Covered by Tax Map Key 7-3-028:082 - 102 (Formerly 7-3-010:037)]
Applicant: RS 10 Kalaoa, LLC
Attached is a proposed amendment to Bill 164, an Ordinance Amending Ordinance No. 97-56. Please
note that the following proposed amendments are bolded within the attached document for
illustrative purposes, to differentiate it from previously ramseyered text. The proposed amendment
keeps the original language of Condition K and deletes the new underscored text. The new
Condition "K" would read as follows:
K To ensure that the goals and policies of the Housing Element of the General
Plan are implemented, the applicant shall secure the concurrence of the Office of
Housing and Community Development that the applicant's affordable housing
requirements. if any, have been mutually agreed prior to Final Subdivision Approval
for anyportion of the subject property. [
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An amendment is also being proposed to Condition "O" (Old Condition "N') that deletes the word
"may" and substitutes in its place the word "shall." The proposed amendment to Condition "O" also
corcects a grammatical ercor amending the word "it" to "its." The new Condition O would read as
follows:
[1+F]O. Should any of the conditions not be met or sub"stantially complied with in a
timely fashion, the Director shall [may] initiate rezoning of the azea to [it] its original
or more appropriate designation."
Comm, No. ~ 3'S . !
KAP/mpd Ref. To:h~~
Att.
Ref. Date,
Hawai `i County Is An Equal Opportunity Provider And Employer
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 4~, 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. [Thi~~w^bc ~:~t^ct c'.»~::~c~t:c^ ..c^~ ?c:~»Y~^ tcnc~~
b:] 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
(2? Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A,) 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 assigns shall be responsible for complying with all of the
stated conditions of approval.
B. The required water commitment payment for the proposed second increment shall be
submitted to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ["'":„]one hundred and ei tv (180) days from the
effective date of this [erdixaxee]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 [ ]second increment
within the subject property shall be secured from the Planning Director within five (5)
years from the effective date of this [erdinanee]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
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.
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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 clearance from the DLNR-HPD when it finds that sufficient mitigative
measures have been taken.
J. The applicant shall make its fair share contribution to mitigate the potential regional
impacts of the subject property with respect to parks 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 share contribution
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 [$~239~6-per-let]$10,368.57 per single-family residential
unit. [An.,ea «we ......r.,.,...«~...e..~acAnkaLi,•^ ,.r:..«,...« «,.....~.a:..:ae ,..,a a,,..,.i,.......
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T. m..n..n~ 41.e 4~4n1 .«4 n..a n ~n.l.......1 «..N:~« ..n4,. 4,.e nr4.. n1
nn..n ~ « «n..
v., uav uv.w uu,vwu v.mu vv ...v. vwov.. 1....
!`..«.I:ti..« T Tl.,. C ..l.n..,. n..«4..:1...4:..« nl.nll 1.,...11«nn4n.1 nn C ll....,n.T The. total amount
shall be determined with the actual number of units according to the cllalculation and
payment provisions set forth in this condition The fair share contribution per single-
family residential unit shall be allocated as follows:
1 ~e~ nnn Qc «n~ 1..4 F ~ n« ;«.I:..n4n., 4..4n1 ,.ve„ Q~ca4 on~$4,999.91 kei Sinp_le-
family residential unit to the County to support park and recreational
improvements and facilities;
2. ~e, co nn «n.. 1,.4 r n« :«.I:nn4n.1 4..4n1 ,.cec ~~c cn]$241.20 per single-family
residential unit to the County to support police facilities;
3. ~ea~~ 1,.4 r . n« :«a:nn4na 4,.4n1 ,.ce„lmc''"]$476.39 per SlnpJe-family
residential unit to the County to support fire facilities;
4. ~e, nc c~ 1..4 c n« :«a:nn4na 4..4n1 ..re,l~ c, nQ~ $208.57 per single-family
residential unit to the County to support solid waste facilities;
5 ~cz , n, cv 1,.4 r :«,1:....4n,1 4,.4nt ,.re, nc~e~c $4,442.50 per Single-
family residential unit to the County to support road and traffic improvements.
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 shaze 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
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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. To ensure that the coals and policies of the Housing Element of the General Plan are
implemented, the applicant shall secure the concurrence of the Office of Housing
and Community Development that the applicant's affordable housing reauirements,
if anv. have been mutually agreed prior to Final Subdivision Approval for anv
portion of the subiect property. [m,. al...? a1... L......J D..1:.........0 al.,.
f
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ineremen~]
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 herein shall
be credited towards 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;
[M]N [
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~ r«4:«r rF hl.r 4:mr ..W.a«..:r« r..1.7 ..r/ {.n rr..1«n r.. 1r /l.r r ..nl
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A Tl.r /:mr r../r«..:r« n«/n.7 nl.nll I.n C ~ n r.l «r/ /r n er.7 /l.n r.l
T n n
,.r r.,/n«,,r,l c /r r n na,l:/:r..nl . rn_.,]Ifthe 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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[I+I]O. Should any of the conditions not be met or substantially complied with in a timely fashion,
the Director shall [ntxy] initiate rezoning of the azea to [iE] 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.
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