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HomeMy WebLinkAboutCOM 0146.001 2008-2010 BRENDA J. FORD or Phone: (808) 326-5684 Council Member Fax: (808) 329-4786 Council District 7-Central Kona >,Vf; Email: bfordaco.hawaii.lutus ter. 1T1 G~•H'~ Hawai `i County Council County of Hawai `i 0 Kailua Trade Center l L 75-5706 Hanama Place, Suite 109 Kadua-Kona, Hawaii 96740 Date: March 26, 2009 I. To: J Yoshimoto, Chair And Council Members From: Brenda J. Ford, Council Member Re: Proposed Amendment to Bill 30, Relating to an Ordinance to Amend Ordinance No. 06-137, Which Amended Ordinance No. 95-118, Which Amended Ordinance No. 92- 36, Which Reclassified Lands at TMK 7-5-10: Portion of 13 (Formerly 7-5-23: 63) from Unplanned (U) and Double-Family Residential (RD-3.75) to Multiple Family Residential (RM-2.5) and Village Commercial (CV-7.5) Attached please find a proposed amendment to Bill 30. The proposed amendment is in Ramsayer format with respect to Bill 30, bolded for illustrative purposes. The amendment, as requested by the Department of Environmental Management, removes and adds new language to Condition L, and read as follows: "L [The shall eanneet to the Ge "t. sewer st°. , ...°.:.^.U' ith the approval of the Depai4ment of Environmental ManagemefA The Department of Environmental Management requires the submittal of a sewer studv by the applicant to the County of Hawaii, Wastewater Division (COH-WWD). The sewer study is intended to define the wastewater flow contribution from the proposed development, evaluate the impact to the existing County-owned sewer system and if necessary, propose an upgrade of the private 8-inch sewer line serving the proposed development based on the results of the sewer study. The sewer study shall be prepared in accordance with the City & County of Honolulu Design Standards. If applicable, design plans for construction of a new sewer extension shall also be submitted to the COH-WWD for review and approval. If the private sewer line is intended to be dedicated to the County of Hawaii, as-built plans of Comm. No_ H(O. Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer Ref. To: Ref. Date MAR~_____2 1_20 the private 8-inch line and details of the new connection to the sewer line shall be submitted to the COH-WWD for review and approval. Documents shall be prepared in accordance with Hawaii County Code, Chapter 21 - Sewers, Hawaii Administrative Rules, Title 11, Chapter 62 - Wastewater Systems, and COH- WWD Sewer Standards. A draft copy of Bill 30, Draft 2, is attached with the proposed amendment incorporated therein. BJF:dkr AN ORDINANCE AMENDING ORDINANCE NO. 06 137, WHICH 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), RESPECTIVELY, AT HIENALOLI 4T" AND 5"", NORTH KONA, HAWAII, TAX MAP KEY: 7-5-10TORTION OF 13 (FORMERLY 7-5- 23:63). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAVI: SECTION 1. Section 2 of Ordinance No. 06 137 is amended as follows: 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 shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [nifiety 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 in accordance with Section 25-2- 70, Chapter 25 (Zoning Code), Hawai'i County Code [within two (2) years of the effeetive date of this amendmeni. Plans shall identify all existing and/or proposed ad driveway and parking stalls n rote. with the proposed struetures, development. T andseaping ..hall also be indicated an the plans for the p ose o adverse noise or al impaets to adj o..t properties in accordance with the mitigating any nts of Pla g Depai4f east's Rule No 17 (Landseaping Requirements)]. D. A future road widening strip along the [14iialalai] Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to I 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 [14akalai] 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 [lei] 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 [lualalai] Hualalai Road to 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 [lualalai] 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. 1. 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 prejeet shall conneet to the Geunty sewef system, meeting with the approval of the The Department of Environmental Management requires the submittal of a sewer study by the applicant to the County of Hawaii, Wastewater Division (COH-WWD). The sewer study is intended to define the wastewater flow contribution from the proposed development evaluate the impact to the existing County-owned sewer system and if necessary, propose an upgrade of the private 8-inch sewer line serving the proposed development based on the results of the sewer study. The sewer study shall be prepared in accordance with the City & County of Honolulu Design Standards. If applicable, design plans for construction of a new sewer extension shall also be submitted to the COH-WWD for review and approval. If the private sewer line is intended to be dedicated to the County of Hawai'i, as-built plans of the private 8-inch line and details of the new connection to the sewer line shall be submitted to the COH-WWD for review and approval. Documents shall be prepared in accordance with Hawaii County Code, Chapter 21 - Sewers, Hawaii Administrative Rules, Title 11, Chapter 62 - Wastewater Systems, and COH- WWD Sewer Standards. M. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic h' 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 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 [$6;653.40] $7,383.36 per multiple family residential unit ([$10,020-30657] $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 residential unit) shall be allocated as follows: L [$3,''m~ °3] $3,642.00 per multiple family residential unit ([$4,999.91] $5.548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [$103.73] $115.11 per multiple family residential unit ([$241301 $267.66 per single family residential unit) to the County to support police facilities; 3. [$319.07] $354.08 per multiple family residential unit ([$476.39] $528.66 per single family residential unit) to the County to support fire facilities; 4. [$142.21] $158.81 per multiple family residential unit ([$208:57] $231.45 per N. single family residential unit) to the County to support solid waste facilities; 5. [$3;806-46] $3,114.36 per multiple family residential unit ([$4,42.50] $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. 0. 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; 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, Hawai"i 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.