HomeMy WebLinkAboutORD 1994-034 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. zo6
(Draft 2)
ORDINANCE NO. 9~ 3~
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO CONDITIONS OF ORDINANCE NO. 84-23 AND FURTHER
AMENDED HY ORDINANCE NOS. 84-42, 88-4, 90-62, 91-96 and 93-26
WHICH RECLASSIFIED CERTAIN LANDS FROM UNPLANNED (U) TO MULTIPLE
FAMILY (RM-5) AND SINGLE-FAMILY RESIDENTIAL (RS-15) ZONED
DISTRICT AT HOLUALOA 1 AND 2, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-6-21; 4, 9-13, AND 15-17.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 84-23 as amended by Ordinance
Nos. 84-42, 88-4, 90-62 and 91-96 is further amended as follows:
"SECTION 2. These changes in district classification are
conditioned upon the following: (A) the zoning for the
property shall be effective only after: (1) there are
assurances satisfactory to the Departments of Water Supply and
Planning, upon consultation with the State Department of
Health, and the Division of Water and Land Development of the
State Department of Land and Natural Resources, that a water
source of sufficient quality and quantity has been established
within two years from the effective date of this ordinance;
provided that a maximum one-year extension to the two-year time
limit may be granted by the Planning Director with reasonable
and sufficient justification; and (2) an agreement, accompanied
by an appropriate surety bond or other acceptable security, is
executed with the Department of Water Supply for the actual
development of a proven water source and its water transmission
and distribution system within one year from the official date
of compliance with condition A(1); provided that a one-year
extension to the one-year time limit may be granted by the
Planning Director with reasonable and sufficient justification;
or (3) the Department of Water Supply issues a water commitment
for the proposed development; (B) no subdivision or development
of any portion of the land shall occur unless and until
condition A has been complied with; (C) the Planning Director
shall be mandated to initiate action for the repeal of this
ordinance if conditions A or B have not been complied with;
(D) the petitioner, its assigns or successors, shall be
responsible for complying with all conditions of approval;
(E) the zoning for the 49± acres designated by the State Land
Use Commission as its second zoning increment shall not become
effective until that land is certified by that commission to be
within the Urban District; (F) the RS zoned area shall be
developed in two increments. The first increment shall consist
of a maximum of 59.5± contiguous acres, and the second, the
remaining area. The effective date of zoning for the second
increment shall be after development has occurred in the first
increment, as determined by the Planning Director.
"Development" means [that building permits have been issued for
dwelling units and construction has been partially completed to
the extent that roofs have been constructed on a minimum of
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twenty-five percent of the number of units proposed for the
entire area of 103.4± acres. In lieu of actual construction,
the petitioner may enter into an agreement with the Hawaii
County Housing Agency to assure the County that the dwellings
will be constructed within a given period. Such agreement
shall be secured by a surety bond, certified check, or other
security acceptable to Corporation Counsel and the Hawaii
County Housing Agency. Upon final execution of such agreement
and filing of the security with the Hawaii County Housing
Agency, the zoning of the second increment may be deemed by the
Planning Director to be effective prior to the actual
construction of the dwellings in the first increment provided
that condition E is complied with] the applicant has completed
the on-site and off-site improvements within the first
increment of the RS zoned area and has dedicated the roadway to
the County; (G) subdivision plans for the first increment of
the RS zoned area shall be submitted within one year from the
effective date of the zoning. Final subdivision approval shall
be secured within two years from the effective date of this
amendment; (H) the RM zoned area shall be developed in two
increments. The first increment shall consist of a maximum of
42 acres of the Multiple Family Residential zoned land and the
second increment, the remaining area. The effective date of
zoning for the second increment shall be after ["development,"
as defined in condition F, has occurred in the first increment,
as determined by the Planning Director] the applicant has
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completed the on-site and off-site improvements of the first
increment of the RM zoned area and has dedicated the
improvements to the County; (I) plans for the development
within the first increment of the RM zoned area shall be
submitted to the Planning Department and final plan approval
secured within two years from the effective date of this
amendment. Construction shall commence within one year from
the date of receipt of final plan approval and be completed
within three years thereafter; (J) 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 [may, at the developer's election,
be satisfied by performance in accordance with] shall be
credited towards the requirements of the Unified Impact Fees
Ordinance; (K) housing opportunities for Hawaii residents shall
be provided in accordance with the condition imposed by the
State Land Use Commission. The number of units and manner in
which they are to be provided shall meet with the approval of
the Hawaii County Housing Agency; (L) improvements to the
intersections with Kuakini Highway and the Kuakini Highway
Extension shall be constructed meeting with the approval of the
State Department of Transportation, Highways Division. The
intersection improvements shall be constructed concurrently
with the development of the first increment of the RS or RM
zoned areas, whichever occurs first; (M) no direct access shall
be provided for the lots within the RS zoned area from the
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mauka-makai collector road; (N) the roadways and stubouts
within the RM zoned area [which are proposed for dedication]
shall be constructed to dedicable standards with curbs,
gutters, and sidewalks meeting with the approval of the
Department of Public Works and shall be dedicated to the Countv
of Hawaii upon completion. Where a roadway crosses a zone line
or if a zone line should divide a roadway, the curbs, gutters,
and sidewalks shall be provided for the entire right-of-way and
shall continue to the nearest intersection in order to avoid
telescoping and to provide consistent improvement; (O) at a
minimum, roadways and stubouts within the RS zoned area shall
be provided with paved shoulders and paved swales meeting with
the approval of the Department of Public Works and shall be
dedicated to the Countv of Hawaii upon completion; (P) the
method of sewage disposal shall meet with the approval.of the
appropriate governmental agencies; (Q) a drainage master plan
shall be submitted to the Department of Public Works for review
and approval prior to issuance of any subdivision or plan
approvals. The plan shall include, as a minimum, hydrological
and hydraulic calculations for all components of the drainage
system, a construction timetable for all elements of the
system, and an analysis of downstream impacts. Further,
mitigating measures as approved by the Department of Public
Works shall be taken to eliminate any downstream impacts;
(R) an intensive archaeological survey shall be conducted for
the entire property and a report shall be submitted to the
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Planning Department prior to issuance of any subdivision or
plan approvals; (S) should any unanticipated archaeological
sites be found during land preparation activities, work shall
immediately stop and the Planning Department notified. Work
shall not resume in the affected area until clearance is given
by the Planning Department; (T) prior to the Final Approval of
the second increment, the applicant, its successors or assigns
shall pav for anv additional real property taxes owed for the
new residential assessed value of the subiect property which
was previously taxed at the agricultural rate; and, ((T)]jUZ
and initial extension of time for the performance of conditions
within the ordinance may be granted by the Planning Director
upon the following circumstances: 1) the non-performance is
the result of conditions that could not have been foreseen or
are beyond the control of the applicants, successors or
assigns, and that are not the result of their fault or
negligence; 2) granting of the time extension would not be
contrary to the general plan or zoning code; 3) granting of the
time extension would not be contrary to the original reasons
for the granting of the change of zone; 4) the time extension
granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be
performed within one year may be extended for up to one
additional year); and 5) if the applicant should require an
additional extension of time, the Planning Director shall
submit the applicant's request to the County Council for
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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. New
material is underscored.
SECTION 3. In the event that any portion of the 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~ .~ r _
COUNCIL MEMBE COUZ Y OF HAWAII
Hilo, Hawaii
Date of Introduction: February 23, 1994
Date of 1st Reading: February 23, 1994
Date of 2nd Reading: March 23, 1994
Effective Date: April 5, 1994
APPROVED AS TO FORM AND LEGALITY:
',I Amu-E-~- ~ . C `~a~~_
pF,ptJIY CORPORATION COUNSEL
DATED: ~~ /V1P/!2 ~~
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