HomeMy WebLinkAboutBIL 292 Draft 02 2006-2008
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COUNTY OF HAWAII STATE OF HAWAII
~tf Gf BILL NO. 292
ORDINANCE NO. (D= 2)
AN ORDINANCE AMENDING ORDINANCE NO. 93 36 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL - 20 ACRES (A-20a), AGRICULTURAL - 10 ACRES (A-I Oa),
AND AGRICULTURAL - 3 ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL - 1
ACRE (RA-la) 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 [25 114] 25-8-33, Article [3] 8, Chapter 25 (Zoning Code) of the
Hawai"i 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 I", South Hilo,
Hawaii, shall be Residential and Agricultural - 1 acre (RA-la):
"SECTION 2. [This ehan e i distf et elass fteatio ; nditione Upon the f liow ng:]
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 proposed 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 development shall be submitted to
the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within [nipRt-y] 180 days from the date of approval of the amended
change of zone. The applicant shall pay installation and facilities charges as required
by the Department of Water Supply, including payment of the entire pro-rata share for
the off-site improvements.
C. [Subdivision Pepaftmen4 within one year- from the effeetive date of the ehange of ] Final
Subdivision Approval shall be secured within [
Teffta4 ve SUbd yisi ppr-,, afl five years from the effective date of this
amendment;
D. The [Saddle Dead (Puai ake Street),] Kupulau Street and Kawailani Street extensions
affecting the subject property shall be delineated on preliminary and final subdivision
plans to allow for a right-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. The portion of Kupulau Street adjacent
to Puainako Street and Roadway Lot 145 shall be constructed to countYdedicable
standards in a manner meeting with the approval of the Department of Public Works,
and shall serve as an additional a regress for the subdivision; [The Mehoul
eonstrueted to eaunty dedieable standards in a manner- meeting with the approval of
the Dep ent of Publ e Works prier to the 3ssuanee of Fin t Subdivision Appreval
for the proposed development. The eest of the roadway exte-sion "provements
shall be borne by the applieant and shall be er-edited and limited to the amount of the
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applieai4's fair- share eefAfibtAien for read and tfaffie impr-evements. in lieu of the
enter- into an agr-eefnetA with the Geui#y, tegether- with the appr-epr-iate bond, surety
bond or- other seeufity deemed aeeeptable by the Planning Difeeter- for- the
related impr-evements other- than eha+melization, shall be installed at the Kwwau
Wor-ks by My ; o o , ineluding the design and
eenstfuefien ef tr-affie signals and reia4ed improvements shall be installed at the
extension; j
[l] 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;
[F [T-o o e that the goals an policies e f the Housing Element e f the Geaer-"1 Dla are
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implemented, the appheant shall seoufe the eeneurrenee of the Gount~, Housing
, upon the reeemmendation of the Offlee of Housing and Communib,
Dove "«"'°"t that the plie "'tis "4'e '-dab1° 1";,,,t « „tc if any, t have bee
f,lf;lle prior- to the issuanee of final subdivision approval] To ensure that the goals
and policies of the Housing Element of the General Plan are implemented, if
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applicable, 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 receipt of final subdivision approval;
[H.]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. [ ^ ess to the
pr-epe sed lots shall be via the existing Kt"au Kemehana inter-seefien and via the
proposed Mohouli Street to Ainako Avenue in w-hieh the roadway segment between
Knc 1n""' Street and the ZD w4ai golf eo «so's s u4he -ly bound"'-" shall
eenstfueted by the applieant to eounty dedieable standards up to the length adjoining
the Ponahawai golf eouf se's southerly boundai7y, provided that the read impr-evements
of the proposed Pefiahawai golf eetffse have r-eeeived final appr-eval and the read
ftts have been bonded. in the event that the proposed Penahawai go!
> the appheant shall > in lieu e
> a eentr-ibution of thfee hundred thousand dollars >
H. The applicant shall make its fair share contribution to mitigate 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 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
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be adjusted annuall~beginnin 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 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 Count tupport 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 Count ty pport road and
traffic improvements;
In lieu of pang 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;
1. 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
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in the immediate area shall cease and the Planning Department shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative measures have been taken;
L. [
Comply with all applicable County, State and Federal laws, rules, regulations 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,
0. [Aa extension of time fer- the per-femianee of eendifiens within the eFdinanee may be
gr-aR4ed by the Planning llireeter- upon the folio i,,,. " stanees,
1) the non rpeFfermanee is the result of . n itio s tha4 a ,l`l not h , e be
foreseen or are-beyen lrthe ieen ""1 o the applieant,
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and that are of the result of tl'et" fault or- egl;..e,, e.
7l graRling of the time extension would not be ntr to the general
er- the Zoning Code;
Z\ granting of the time extension „l`l not be ee tr-ar-y to the original
reasons f r the granting of the 'change of zone'-
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4) the time cicccn~ to.l h ni.,lurl hc- for- i period not to ...r.r....~., r to exeee a the t,..o..o
-r~e~rtension r giicircccv-°rrvcr .,d
originally granted f9r perf ane nditio" to be "erf "'Y'ea
year may be extended for- up to one year);
and
within one
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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.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
Conim. 1191.5
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