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Home My WebLink AboutBIL 292 Draft 03 2006-2008COUNTY OF HAWAII ORDINANCE NO. BILL NO. 2 9 2 (DRAFT 3) 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 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 [~1-4] 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 Kukuau 1St, South Hilo, Hawaii, shall be Residential and Agricultural - 1 acre (RA-la): "SECTION 2. [-rt.: „i,,,~,.o :., a;~+,. „+ ,.t., :~,,..*:,, „a;+:,. oa , ~ +t,o ~ n~ ,,;~ 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 STATE OF HAWAII 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 [may] 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. [ n ,~,,,.....,e + . ,:*,,:., ,. o .. ~ ,.,,. +~o o~~ „+;..v a.,*o „~+~o ,.~,.,,,,.o „~.,,,,,e.J Final Subdivision Approval shall be secured within [ -ro.,.,,*;,,o a„~.a;.,:~;,,,, n„~~.,.,t] hve ,years from the effective date of this amendment; D. The [ , K~ee~-ate ]Kawailani Street [e}~te~sie~rs] extension affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for aright-of--way. [These] This street [e3~te~siexs] extension 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 the Kupulau Street extension from Puainako Street to the southern property line shall be constructed to county dedicable standards meeting with the approval of the Department of Public Works, and shall serve as an additional ingress/egress for the subdivision. The applicant shall dedicate the land area for the proposed Kupulau St. extension between Puainako St. and Puloku St. to the county at no cost. [ ;ns.,.e „~ ~:.,,,i e„~,a:<,:~:,,., n.,:.«,,.,.,i ~ .. ~t,o pr~l~e~ed-dei~epm -ri.o ,.,.~. „~ 2 rn,7.4nr1 nr,.1 ~,vn,4o~1 4n 41,.. n «.4 .,~41,o n v.~.nnrt~ ~.> 41,o D1n«.~,:.,.. Tl:..an+~..~ ~ .~ 41,o n rc.4,n,n4: ar. aF41,~rni~ .- n,1.+.n.. ovfo«.,: ar. }~}'3~~] , tx~av~~~. ~.. T„~.. ~ ~~/~. nr,a :v,4nvaon4: n.s~ :v .n ov,4c. .r~n1„i1;ria_41~a ~1oc+: rrn_aricl o n4 ,n4: av. a~ ~ 4vn ~~n n n~c, n«.a vu~n4o f r~ . r.4r o~n~~-b~;rnn4a.~to~ n4 41.0 ~D 1.1' ~I7...-1~ ,.+:,, .:41. 41,0 ~4.-. n4;~. .~.F'41,0' 1+ „L;1~1;r,~L., n.a., 2'~~rf~S36~ [ls:] 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; r!~ ]L' r'T.. 0 41.n4 4ti.o nic. v.a v...~; o a~41~o ui. a T'-.~o r.4 a~~~oru o ~ D~ LC7- 1, L > > ] To ensure that the goals and policies of the Housing Element of the General Plan are implemented, if applicable, the applicant shall complywith the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable HousingPolicy. 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. [ ^ °°°~~ +~ *"° D..«.,L, ~}".T:7 vutf'tl'Y'1~ '~"~'~Q;{~ cnarsxi°r.-i'vua ~Q~(~(~ /~(1( ~"" ll l /' J ~ H. The applicant shall make its fair share contribution to miti atg e 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 pa ay ble 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 be adjusted annually beginning_three years after the effective date of the amendment to the ordinance, based on the.percentag_e change in the Honolulu Consumer Price Index (HOPI). 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 Count t~pport park and recreational improvements and facilities; B. $267.66 per single-family residential unit to the Count t~pport 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 Count t~upport solid waste facilities; E. $4,929.90 per single-family residential unit to the County to support road and traffic improvements; In lieu of payin 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 iog n 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, provided that the cost of constructin tg he Kupulau St. extension on the subject property, as provided in Condition "D", shall be credited against the fair share for road and traffic improvements by the Planning Director after receipt of satisfactory ,proof of the actual construction cost, without further approval of the County Council; Drainage improvements shall meet with the approval of the Department of Public Works; 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 Planning Department when it finds that sufficient mitigative measures have been taken; L. f A 11 •1, .. ..l:,,nl.lo ln..,n ..,.low o „in*:.,.,n n„~l Y aritn ~t,.,ll l,o „ ..l:o.a L ~ ," ~itl}] 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, O. A .+ ~+' ~ •l,o F Yri,nri„o ~,.,,ri,1:*;,, 'tl~:ri rl,o ~.'1:: ,.....~ .,. , l.~ cmzczvrcrn-pcrivrmuncr. vrcv'[icrrcroirs `v'i=rmrrral .. » j .. sn.1 1,,. +l,o Dlnriri:ri.. Tl:Yen+.,Y , ri f1,a_~ 11,....:.,.. n .,.n+nY...on• t 1 *i, oY~ Y.~,nrino :~ +l,o Y „lt on „F,.,,ri.1;r;~,ri~ rl snt ,. ,.1 .1 ..,.+ l,n.,o 1`oori ---- r -- -- - - ria t1. n4 n .++ 41,n, Y „1 , n A o ri 7\ ..*;ri .,~+1,0 o-:ri, .,+o ..Yn ., o ~,.,ri 11,. 4 AF 41,o,Y fn1114 A , ..~, .11,1, ,,,,+ t,o Y.t Y riaQ1t Y , +.. - 11VV, +l.o !_n n, nl Dln Y ., ri i b~~-------a ~-- ---- °---- ------------- -•- Y +l.o ~,,.,;,,,~ r,,,1o. 21 *:.,,, ,.~•t,o •:.rin, o.,rorin:n.ri . -------- -- ----- „1a .,,.* l.o ,. .,• - ~ -- Yn,.., *,. ---- --T------ - ----- st,o „ nl Y: ::: n ~ Y 41,0 ri4:ri .~,F41,o n1, n.v, n•Yn nr .,.,... n.rin• nriQOr~~ . ~. ~ .., ..... „ b w. 6 4~ +t,o ~:,...o o.,+oc,~,;,,., ,,.oa .,t,,,tt ~.; ~ o ,a .,,,~ ~„ ova ~t,o o ,.a ~. ~~--~9~r~6~~G'i-~~:i-c'~r..v°°i arclt'ol~i -~cv-v~parzvziacu API GIIIII-OliV ,GCLr N~ ~ , ~-}] if the applicant should require an additional extension of time, the 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: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1St Reading: Date of 2"d Reading: Effective Date: ~' ~El:~~ti ~: Comm. 1191.7 7