HomeMy WebLinkAboutBIL 031 Draft 02 2008-2010
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COUNTY OF HAWAII " STATE OF HAWAII
BILL NO. 31
ORDINANCE NO. (DRAFT 2)
AN ORDINANCE AMENDING ORDINANCE NO. 06 138, WHICH AMENDED
ORDINANCE NO. 90 010, WHICH AMENDED ORDINANCE NO. 86 49, WHICH
RECLASSIFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL - 2,000 SQUARE
FEET (RM-2) TO VILLAGE COMMERCIAL-7,500 SQUARE FEET (CV-7.5) AT
HIENALOLI 5T" AND 6T", NORTH KONA, HAWAII, TAX MAP KEY: 7-5-10:PORTION
OF 13 (FORMERLY 7-5-23:64 AND 67).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 06 138 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 [ninety (90)] 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 [w}crcrrt'tievv(2) years of °cna.ccrrc-date n~o of this am-end-ffient. Plans shall
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identify all existing and/or proposed st.. et.. paved driveway
parking stalls a iated with the proposed development Landscaping s
1 1. indicated on the plansfor the purpose of mitigating adverse noise 0
vistial impaets to ..,1:,.eent n erties i orlon with the . "t" ..F
Dl g Tl. partment's Rule No 17 (r ....,1..eaping Requirements)].
D. A future road widening strip along the [llaalalai} 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 [lualalai] 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 [lualalai] 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 [Hualalai] 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).
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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 [Hualalai] 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 . shall ,,.--.-__t to the County sewer system, ____et: o with the
approval of the Depaftment of Environmental Management. The Department of
Environmental Management requires the submittal of a sewer study by the
applicant to the County of Hawai'i Wastewater Division (COH-W WD). The
sewer study is intended to define the wastewater flow contribution from the
proposed development evaluate the impact to the existing County-owned sewer
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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-W WD 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-W WD for review
and approval Documents shall be prepared in accordance with Hawaii County
Code Chapter 21 - Sewers Hawai'i 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 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,
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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 ([$10,368.57]
$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:
]
1. [$3,281.93] 1..93] $3,642.00 per multiple family residential unit i,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 ([$241.20] $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. [$142:31] $158.81 per multiple family residential unit ([$208:57] $231.45
per single family residential unit) to the County to support solid waste
facilities;
5. [$2,$06.46] $3,114.36 per multiple family residential unit ([$4,442:50]
$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,
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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.
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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:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE C06 146.4_
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AMENDMENT TO THE ZONING COME
AMENOING SECTION '2S-t3Z (KAIlaUA UIRSAN ZONL MAP)
A1RTIct-m 3, CHAIrTISIR -AS (ZONINO COOM) OP THE
HArvAl1 COUNTY COOL, 8r CHANGING THE DISTRIC'T'
CLASSIFICA-rtON FI?OM MUt_rIPL-L r-AM1t-Y RESI-
DENTTAL (RM--a) To VILLACB C'OMMERGIAL (CV-75)
AT HILNALOLi 5TH AND GTH, NORTH 1'[ONA, HAWAII.
PRt=1oARE~ HY ° t~l_ANNINQ DEI~ARTMC-NT
COUNTY ap HAWAII
SAMSON LLC
TMK = 7-S•23 G4 AND G7 JAN. ?.M, IS86
Cernen-• 14fo Mil 31)