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Home My WebLink AboutBIL 292 Draft 01 2006-2008 ~tV OIN ~L~ COUNTY OF HAWAII STATE OF HAWAII ..J' A•«.N'M BILL NO. 292 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 93 36 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL - 20 ACRES (A-20a), AGRICULTURAL -10 ACRES (A-l0a), AND AGRICULTURAL - 3 ACRES (A-3a) TO RESIDENTIAL AND AGRICULTIIRAI. - 1 ACRE (RA-1a) AT KUKUAU 1sT, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-8:PORTIONS OF 14 AND 26. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 93 36 is amended as follows: "SECTION 1. Section [23-I-I4] 25-8-33, 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: The district classification of the following area situated at Kukuau 15`, South Hilo, Hawai°i, shall be Residential and Agricultural - 1 acre (RA-la): "SECTION 2. [Tt ' ~ a~ . i :c,,,,,,;,,,, ; ,,,,a;.;,,,,aa , ~ .~.e F i~] 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 (T3 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 development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [nixe~y] 180 days from the date of approval of the amended change of zone. The applicant shall pay installation and facilities chazQes as required by the Department of Water Supply inc]udinQ payment of the entire pro-rata share for the off-site improvements. C. [ Final Subdivision Approval shall be secured within F .''e r T ~ c ,.a n.....-".,°t] five years from the effective date of this amendment; D. The [ Kupulau Street and Kawailani Street extensions affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for aright-of--way. These street extensions shall be fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. [T'- c ^.'-:=:'=c e -2- r T n«fn «n1..A:«., rt,o Aoo:.,«_ A f' F FF 7 A Y ~ 1 Ln ..hr,nr rr,n« nr,n««o~:vnr:~« n},^~~ ),n :«nMIIuA of rr,n rr„i... n.. T 1. C f' fl, rl,n nl ..F fl.n Tle n,-r... «f nF D,.l.l' xxT i t, r i loon. a :«fn.nnnf:,.« : e«r~ ~ a' ft, ann:,.« n«a > > r F FF nln n«A gel nfnA : o«ro nt,nll l.n :«nf nll,.,] of R.n p' a A.f t' t- C nf: «....:fl, fl.n n nl ..F rho ll..«n..r«. «r FD 1' xx/ 1 fl. rl,n n «nr..., nf:..« ..F rL.o T~..h..,, t:/A:«nl,.. n,l...n.. extensierr;} E. As represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to 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 likewise prior to final subdivision approval; [n ]F [T - 7., 1 ,7 ,.l: n:nn ,.F.l.n u,... n:.... Rie«.. ..f ..F fl.e (:....n_nl Dln« n_n tl- a r e F irn a fti,n : n .,F F«nt ~._r.a:°:^:^^ n To ensure that the goals r and policies of the Housing Element of the General Plan are implemented, if applicable the applicant shall comply with the requirements of Chapter 11 Article 1 Hawaii County Code relating to Affordable Housing Policy. This requirement shall -3- be approved by the Administrator of the Office of Housing and Community Development prior to receipt of final subdivision approval; [l~.]G. Access to the development shall meet with the approval of the Department of Public Works. No lots shall have direct access from Puainako Street. [tee 1 C -.7 1, D 1, 1F,.,....-..e~~ ~..,.~i, orl.. 1,0.,...1.. j ~l,.,ll l,e e ~ e H. 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 r~resentations contained within the change of zone application and maybe increased or reduced proportionally if the lot counts are adiusted. 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 chance 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 may be adiusted annually beginning three years after the effective date of the amendment to the ordinance based on the percentage change in the Honolulu Consumer Price -4- Index (HCPD The fair share contribution shall have a maximum combined value of $11 506 13 per single-family residential unit. 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: ' A. $5 548 46 per single-family residential unit to the County to support park and recreational improvements and facilities; B. $267 66 per single-family residential unit to the County to support police facilities; C. $528 66 per single-family residential unit to the County to support fire facilities; D. $231 45 per single-family residential unit to the County to support solid waste facilities; E. $4 929 90 per single-family residential unit to the County to support road and traffic improvements; In lieu ofpaying the fair share contribution the applicant may contribute land and/or construct 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 review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council; I. Drainage improvements shall meet with the approval of the Department of Public Works; J. The method of sewage disposal shall meet with the approval of the Department of Health; K. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the -5- Planning Department when it finds that sufficient mitigative measures have been taken; L. [ ~ Comply with all anylicable County State and Federal laws, rules, reQUlations and requirements; M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date 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 and the Planning Director acknowledges that further reports are not required; and, O. [A F - F rh F F,. .,Aa,. .:rh',~rho a: e r e ~ .7 r 1, 1 F 1, F...lr e..l:..e.... . F H ,.F rl,.. ..L..,....o ..F a o 4\ r r' - b a 1, „ l.e F a ,.,7 r.. 0 00,7 rl.e ......:...7 > > 3~] if the applicant should require an additional extension of time, the -6- Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall 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. 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 DUCED B :Y`-- COUNCIL ME R, COUNTY OF WAI`I Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 119~~~ -7-