HomeMy WebLinkAboutORD 2008-072 2006-2008
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TY FHA AI `I ~ STATE 0 F HA'WAI `I
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BILL N0. 274
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ORDINANCE N0.
AN ORDINANCE AMENDING ORDINANCE N0.95 55 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL -10 ACRES (A-l0a) AND AGRICULTURAL - 3 ACRES (A-3a)
TO AGRICULTURAL -1 ACRE (A-1 a) AT WAIAKEA, S OUTH HILO, HAWAI `I,
COVERED BY TAX MAP KEY 2-2-48:93 AND PORTION OF 13.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 95 55 is amended as follows:
"SECTION 1. Section [~~-~4] 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 Waiakea, South Hilo,
Hawaii, shall beAgricultural -1 acre (A-la):
"SECTION 2. [
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 b
proposed use.
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A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. Plans for the proposed subdivision shall be submitted to the Planning Department
and Final Subdivision Approval secured within five (5) years from the effective
date of this [er-d~~a~e] amendment. [ , ]The
proposed residential-agricultural subdivision shall not exceed a maximum limit of
[~]251ots. [ '
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C. As agreed to by the applicant, restrictive covenants in the deeds of all the
proposed residential-agricultural lots shall prohibit the construction of a second
dwelling unit on each lot. A copy of the proposed covenants} 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, recorded with the Bureau of Conveyances, and a copy of the recorded
covenant filed with the Planning Department upon its receipt from the Bureau of
Conveyances.
D. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to Final Subdivision
A~roval.
E. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
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archaeological clearance from the Planning Director when it finds that sufficient
mitigative measures have been taken.
[E]F ~
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' .]The applicant shall make its fair share
contribution to mitigate the potential re iog nal impacts of the property with respect
to parks and recreation, fire, police, solid waste disposal facilities and roads. The
fair share contribution shall become due and pa ay ble Prior to receipt of Final
Subdivision Approval. The fair share contribution for each lot shall be based on
the actual number of residential units developed. The fair share contribution in a
form of cash, land, facilities or any combination thereof shall be determined bX
the County Council. The fair share contribution may be adjusted annuallX
be i~'nnin „ t~hreeyears after the effective date of this ordinance, based on the
percenta , e change in the Honolulu Consumer Price Index (HOPI). The fair share
contribution shall have a maximum combined value of $10,976.69 per sin. le
family residential unit. The total amount shall be determined with the actual
number of units accordin;~ to the calculation and pa, i~provisions set forth in
this condition. The fair share contribution per multiple family residential unit
single family residential units) shall be allocated as follows:
1. $5,293.15 per sin l~ a family residential unit to the County to
support park and recreational improvements and facilities;
2. $255.34 per single family residential unit to the County to support
police facilities;
3. $504.33 pew le family residential unit to the County to support
fire facilities;
4. $220.80 per single family residential unit to the County to support
solid waste facilities; and
5. $4,703.06 per single family residential unit) 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, fire,
police, solid waste disposal facilities and roads within the re ion impacted b~ the
proposed development, subiect to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
_ _ _ _
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[F]G. 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.
H. 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 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 Housin amend
Communit, Development prior to receipt of Final Plan Approval and/or Final
Subdivision Appr
I. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
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Should the applicant require an additional extension of time, the Planning
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Director shall submit the applicant's request to the Planning Commission
and the Hawaii County Council for appropriate action.
[H]K. 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 struck through. 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 M MBER, COUNTY HAWAII
Kona,Hawai`i
Date of Introduction: April 22, 2008
Date of 1st Reading: April 22, 2008
Date of 2nd Reading: May 7, 2008
Effective Date: May 2 0, 2 0 0 8
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AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)
ARTICLE 8 CHAPTER 25 ZONING CODE} OF THE HAWAII COUNTY CODE
(
1983 2005 EDITION , BY CHANGING THE DISTRICT CLASSIFICATION
( }
FROM AGRICULTURAL 10ACRES A-10a)ANDAGRICULTURAL3ACRES (A-3a)
(
TO AGRICULTURAL 1 ACRE (A-1a)
AT WAIAKEA, SOUTH H I L0, HAWAI I
MAP PREPARED BY.'
MK. 2-2-o4s;93 & Por.13 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: Janua 28 200
EXHIBIT "l4" (Nani Mau, Inc.;1242)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawai` i
~..77
Introduced By: K . Ange 1 P i 1 ago ROLL CALL VOTE
Date Introduced: Apri 1 2 2 , 2 0 0 8 ~ ~ ES ~ ~ E ABS EX
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First Reading: Apri 1 2 2, 2 0 0 8 Ford - X
Published: May 2 , 2 0 0 8 Higa ~ `r~ , ~F X
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Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
_ Yagong X
Yoshimoto X
Second Reading: May 7, 2 0 0 8 5 2 2 0
To Mayor: May 15 , 2 0 0 8
Returned: May 21, 2 0 0 8 ROLL CALL VOTE
Effective: May 2 0, 2 0 0 8 AYES NOES ABS EX
Published.: May 3 0, 2 0 0 8 Ford X
Higa X
RE11~4RKS: Hoffmann . X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
7 1 1 0
I ~0 HEREBY CERTIFY that the foregoing BILL was ado the County Council published as
indicated above.
APPROVED AS TO ~
FORM D LEGALITY:
CO ~ AIRMAN
DEPUTY ORPORATION NSEL
COUNTY OF HAWAII
COUNTY CLERK
Date MAY ~ 200$
274
Bill No.:
C-1113/PC-81
~ `I'~`~ Reference:
Approve rsapproved this day
~ ' d ~ Ord No.: ~
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YOR, U TY OF HA YVAI `I