The URL can be used to link to this page

Home My WebLink AboutBIL 030 Draft 01 2008-2010COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 06 137, WH[CH AMENDED ORDINANCE NO. 95 118, WHICH AMENDED ORDINANCE NO. 92-36, WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) AND DOUBLE-FAMILY RESIDENTIAL - 3,750 SQUARE FEET (RD-3.75) TO MULTIPLE FAMILY RESIDENTIAL - 2,500 SQUARE FEET (RM-2.5) AND VILLAGE COMMERCIAL- 7,500 SQUARE FEET (CV-7.5), RESPECTNELY, AT HIENALOLI 4~~~ AND ST", NORTH KONA, HAWAII, TAX MAP KEY: 7-5-10:PORTION OF 13 (FORMERLY 7-5-23:63). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 06 137 is amended as follows: A. The applicant, successors, or assigns shall he responsible for complying with all of the stated conditions of approval; B. The required water commitment pa}nuent shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [n~~~~] one hundred eighty (180) days from the effective date of this amendment. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this additional amendment. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director ir, accorda~ice with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County D. A future road widening strip along the [~}Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. E. The applicant shall realign and provide collector street improvements to the entire project frontage along [#~alalai] Hualalai Road consisting of, but not limited to, right-of-way and pavement reconstruction and widening with concrete curb, gutter and sidewalk, drainage improvements, streetlights, signs and markings and any relocation of utilities, meeting with the approval of the Department of Public Works. The widened and improved area shall provide for opposing left turn lanes along with any necessary pavement transitions. The applicant shall construct the additional improved street right-of--way at no cost to the County, prior to receipt of a Certificate of Occupancy. F. Access to [Hua1-alai] Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka end of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on [~lua}alai] Hualalai Road to -2- the subject property prior to the issuance of a Certificate of Occupancy. All sight distances to the approach shall meet the requirements of the Hawaii Statewide Uniform Design Manual (AASHTO). G. Any utility poles in the road right-of--way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. H. Any vehicular security gate shall be located a minimum of 60 feet (exclusive of gate swing) from the proposed [~i] Hualalai Road right-of-way with a turnaround on the County road side of the gate. This 60-foot requirement shall not apply to the emergency access. I. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. J. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage system shall be constructed, meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management prior to the issuance of a Certificate of Occupancy. L. The project shall connect to the County sewer system, meeting with the approval of the Department of Environmental Management. M. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the -3- immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. N. 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 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 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 by the County Council. The fair share contribution maybe 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 [$6;653:4A] $7,383.36 per multiple family residential unit ([$~19r3685~] $11,506.13 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple-family residential unit (single family resideutial unit) shall be allocated as follows: [e2,''~~] $3,642.00 per multiple family residential unit ([~4,nn~ ~ ~~ $5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; -4- 2. [193:73] $115.71 per multiple family residential unit ([9] $267.66 per single family residential unit) to the County to support police facilities; 3. [~1-9:87] $354.08 per multiple family residential unit ([$476:39] $528.66 per single family residential unit) to the County to support fire facilities; 4. [~14?.2]-] $158.81 per multiple family residential unit ([~2883~] $231.45 per single family residential unit) to the County to support solid waste facilities; [$3;89646] $3,114.36 per multiple family residential unit ([eA,^~o] $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 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 cost of providing and constructing the improvements required in Conditions D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements. O. 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; -5- P. '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 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 Final Plan Approval. Q. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this amendment. The report shall address the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. R. Comply with all applicable County, State and Federal laws, rules, regulations and requirements. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 2. Material to be deleted is bracketed and struck through, and material to be added 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: ~~w~~~~ COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -7- REFE6ENG6 Comm.. 14 6 rRC1 ~ .. . , 1 1~M.~ V ~ r ` A r._ ~ h wM-4 w Iw A•I- ~.~ a/ ' 1 w..» RM-~ % A-b ps+ww.v>e ~ r.~• . "1! ~ RM 1 ~ OI MIlCfiiL ( / wo7+s wo-1.>s 2 611'/M-ANNlD (V) Tb T ~ M1.ILTIPLO ry.,ILY T ARaA ~ a.114 AGt~Q' ~ ' ~ da ®.MRC~L 2 / os 0 oouoL~ rAMILY ~ ev-o.. ~'!' naslo~ttvriA~ tRV-sus) 'rs+ vlwA!! NeMMlRCIAL (cv-z~ .~ AIlQ/\.1.117 ACRD :,o O.et s cv, . ~-~~ R!t•~os1+TtAL tleo•sas) Te / VILLAf! COMMlRCJAL ~G1/-7.G) / i as~~lN ,~ J l..__ ~ »-Tr.~rw~ Rn. ~ Ku.4KIN1 NIf3Hri/~tY = era+w«+- 1 Gv xs M-xs v-.>. r<.w Noh • Oe.RO/NAT~s Rvf~RR'ap TO N/~IWA CNeecrM/ e :: MO RIp1AN) d , O ~ ~ ' 1 111.>D l I I 1 .'ls wwf-~ ~ / v_a v.i ~ ®® /~~~~ss~11 ~®(Q~ /}r/sue~ T ~('7~'Ii1T /P~ NN (/~, ~}sR P1ls~®ie~ ^ ~ ~® ^ HE ~®t~1~~ V®®~s AME'NDINt3 3ECT10N 35-87 (NORTH KONA 20NE fr1AP) AND 9L°CT10N a5-8>D (KAiLUA URDAIV 2bNE MAP') ARTICLE 3, CMAP'T!°R 2S (ZONING Co08) OF TtiC' HAYVAI) COUNT7' Cote DY CHANQIN6 THE' DI"STIQIeT' Gt.ASSIRICATioN FrzvM LiNP!-ANNED (U) TO MULTipLL I°AM)L7' RESIDENTIAL (RM-a.8} ANb PROM' DOUdLt~, I~AMILy' RL9IDENTIAL. (PtD-9.75) TO VILLAGE COMMEI~?AL (CV-7.rJ) AT HIENALCLI 4TH AND 5TH, NORTH KONA; HAWAII. PRepAIl~D ~Y = P~-•••NHINO bLPARTMQIVT CO4NTY OP MA WAIL TMK= 7-9-18 = 3'.~ AND 7-6-Z°J+~~ ~ePT. I9, 1~9t EXH IB1T naa In (SAMSON LLC) raRT~ea, vac.)