Loading...
HomeMy WebLinkAboutORD 2008-115 2006-2008 G pJ~~Y F h1~L - COUNTY OF HAWAII STATE OF HAWAII. ~r~ ei•N~,? BILL NO. 292 (Draft 4) ORDINANCE NO. 08 115 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-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 [25 1-1-4] 25-8-33, Article [418, 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, Hawai'i shall be Residential and Agricultural - 1 acre (RA-1 a): "SECTION 2. [This ehange in dist': elassifieation : nditioned , tho following-] 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 )and use proposed with respect to: Protection of the public from the potential) deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. u 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 [ninety] 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: C. [Subdii,ision plans f'" the , ed .le el e- nl,elt L.e_submitted to the Planning Depat4fnent .:thin one +e ffom the eff etive date of the ehange 6 zone.] Final Subdivision Approval shall be secured within [the of re-re t efTe..t„tive SubdivisionAppr-e..et] five years from the effective date of this amendment provided further, that for the construction of the Kupulau Street extension final subdivision approval shall be granted upon the developer posting a construction bond of $3.5 million after it has been determined by the Planning Director, in consultation with the Department of Public Works that the' topography allows the construction of the Kupulau Street extension without significant changes to the construction plans for the remaining subdivision infrastructure and that upon approval of firm construction estimates for the Kupulau Street extension the bond amount shall be increased or decreased accordingly; D. The [Saddle veal m,.. nake ctreeo, Kuptdau-Street and ]Kawailani Street [extensions] extension affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for a right-of-way. [T4wse] This street [Ete siens] extension shall be fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final i Subdivision Approval. The portion of the Kupulau Street extension from Puainako Street to the southern property line shall be constructed to county dedicable u 2 V 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. [The Mehoul: Street' A ina.e A venue dedieable standards in a manner meeting with the approval of the Department E)f Publ:e R oFks prior- the issuanee of Final Subd:..:sie Approval for then sed development The ost of the roadway eOtens:on : ents shall he 1 efne by, the annl:nant end shall be eredited and lifnited to the a .nt of the analieatA's fai share eentribution f ««ond and t«af"' : ents in lint. of the aetual nntruetion of the roadway extension : nts then plieant na eleet to rater inte a e nt with the County> together with then ate lend rety bond o others r:ty deemed a astable by the Planning Difente« f "the nt.-..etion of the said roadway ,tension : nts;] and related : e ents other than ehanneliz fief shall be installed at the Kukuau Kemehana Stfeet interseetien meeting m4h the ann«eyal of the Denart.nent of Publie II arks by my 1994e , and inte«seetien improvements, neluding the design and n nstriaetion of traft'e s nals and related : ents appreval of the Department of Puhlie Vforks : netion moth then nstruetion efthe T. aheuli A:nake «eadway extensione.l [P-] 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 3 recorded with the Bureau of Conveyances likewise prior to final subdivision approval; [G-.]F[4:e'easn«e that the goals and policies of the Housing Eletuent of the General Plan A geney " the « endat:on of the Offce of Hensing and GeH mun:ty Deyelopffie«te that the applie,,"t+s afFrdable housing requiremen4s, if any, have been fi.1Fllea « r to the : e. off.«al suhdivia:e« approval] To ensure that the goals 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 be approved by the Administrator of the Office of Housing and Community Development prior to receipt of final subdivision approval; [14.]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. [Aeeess to the prepesed lots shall he via the existing ll.,k..a,c Vomohana inierseetion a.,,7 via the..... posed Mehoul: St,-eet to A:«ake Avenue in„hieh the roadway segfne between K-ak„a„ 94 feet and the D..,.,b,,,.v. i gelf... urse'.. setAher-ly boundary shall be a ..stmeted by the a «l:aapA to a .«t...7. dieable standards up to the length adjoining the Penahawai golf eatirse's southerly boundary, provided that the rea improvemeftts of the « Oe`1 Penahawai golf eoufse ha. e .ea A I a .al y..l the read : eats have bee., bonded in the event that the proposed Penahawai golf °etifse development does not eame to fruition0 the a««lioa«t shall Ypr..yde in lieu of eenstmeting the eounty dedieable readway segment adjoinin the self......«se+s s, tAhe«ly heendarye a eent6butiaa oftbf-lee h.mdred the..sa"a n aple0;899}} 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, 4 I 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 Subdivision 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 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 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 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 region impacted by the 5 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 however, that the estimated cost of constructing the Kupulau Street extension on the subject property in the amount of $3.5 million as provided in Conditions "C" and "D", shall be credited to offset the full amount of the fair share for road and traffic improvements by the Planning Director, without further 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 Planning Department when it finds that sufficient mitigative measures have been taken; L. [All other .,pplieable laws rule..,.ul ti....s acid e en4s ..hall be „ „l:ed ] 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; f I 6 II tt N. An annual progress report shall be submitted io me 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. [An e :te... ien of time for the Y" er e....anee of ee nu:t.ens ;Aith: n t.".e ate. all -An-Ge may he borw...ru by the Planning anted by the Planning Direeter- upon the following « the GaIfeTRm1ST[LClstan vv 'D II GGCOI TpGS. 1 1) the « er feEu"anee is the tilt of eendifiens h ld not h assigFis, and that affe not the result of their Auuul4 0 egl:.o '1\ bruiaaiia~ of granting of At 1y e 4:`"e extension u ouuld not be eon4rmy 4 the General a.~ u uiiay Plan or the 7ening Cede; 3) granting of the time exte«n:e« would no! be a «4rar-y 4 h original reasons F r the anting of the hange of zone;, 4) the time _ .te. sieu: shall be o rind not te.~-da1`lly'1 granted : Y~ od o nally gFanted fr «„r fefm4nee (i.e. eonditiRn to he Y • i one Jyua u.uJ be extended f r W 4o o year)-. an 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. 7 ii 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, OUNTY OF HAWAII Kona, Hawaii Date of Introduction: June 3, 2008 Date of I st Reading: June 3, 2008 Date of 2nd Reading: August 1 27, ; 2008 Effective Date: September 10, 2008 6C* NCFA Canm 1191.10/Cduncil 8 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii (Draft 3) Introduced By: Donald Ikeda ROLL CALL VOTE Date Introduced: June 3, 2008 L~ WE 1 S BS EX First Reading: June 3, 2008 Ford X- ,:"c,: Published: June 13, 2008 Higa e:.OUNI`. .4"lilg Hoffmann X REMARKS.' June 18, 2008 - Postponed to Ikeda X July 2, 2008 meeting; July 2, 2008 - Jacobson X Postponed to August 13, 2008 meeting; Naeole X August 13, 2008 - Amended to Draft 4 & Pilago x held over pursuant to Council Rule 25(e) Yagong X Yoshimoto X Second Reading: August 27, 2008 7 0 2 0 To Mayor: September 5, 2008 Returned: September 10,'2008 ROLL CALL VOTE Effective: September, 10, 2008 AYES NOES ABS EX Published: September 18, 2008 Ford X Higa X RE44ARKS: Hoffmann X Ikeda X Jacobson X - Naeole X Pilago X Yagong X Yoshimoto x 9 0 0 0 [DO HEREBY CERTIFY that the foregoing BILL was ado to b the County Council published as indicated above. APPROVED AS TO F M )a AND LEGALITY: CO DEP Y CORPORATION C NSEL COU TY OF HAWAII Date SEP - 9 2008 COON LErK'~ 292 (Draft 4) Bill No.: r-Z-~ C-1191.10/PC-86 ~ /Disuppr wed this- day Reference: ( 4t,~wb<i/ 'o 0`d Ord No.: 8 Sls A }'O1 Y OF HAWAII Ordinances Numbered 08-115, 08-116, 08-117, 08-118, 08-119, & 08-120 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on August, 27, 2008, by vote, as listed below: Ordinance 08-115 (Bill 292, Draft 4): 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-1a) at Kukuau I", South Hilo, Hawaii, Covered by Tax Map Key 2-4-8:Portions of 14 and 26. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. t Ordinance 08-116 (Bill 318, Draft 4): An Ordinance Adopting the County of Hawaii Puna Community Development Plan. AYES: Council Members Ford, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 6; NOES: Council Members Higa, Ikeda, and Yoshimoto - 3; ABSENT: None; EXCUSED: None. Ordinance 08-117 (Bill 325): An Ordinance Amending Chapter 21, Article 5, Section 21-37 of the Hawaii County Code 1983 (2005 Edition as Amended) Relating to the Sewer Connection Loan Program. AYES: Council Members Ford, Higa, Ikeda, Jacobson Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-118 (Bill 328): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-119 (Bill 329): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-120 (Bill 343): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago . Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. C sey a an County Clerk (Hawai`i Tribune-Herald - September 18, 2008) (West Hawaii Today - September 18, 2008) Note: The original Digest/Affidavit is attached to Ordinance 08-115.