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HomeMy WebLinkAboutBIL 101 Draft 01 2008-2010 .r01h COUNTY OF HAWAII STATE OF HAWAII 1T~ Oi •NT'~ BILL NO. >_oi ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 98 8 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL - 5 ACRES (A-5a) TO RESIDENTIAL AND AGRICULTURAL -.5 ACRE (RA-.5a) AT HONOKOHAU 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-06:038. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 98 8 is amended as follows: "SECTION 1. Section 25-8-3, Article 8 Chapter 25 (Zoning Code) of the Hawaii 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 Honokohau 2°d, North Kona, Hawai"i, shall be Residential and Agricultural - .5 acre [(RA .5)1 (RA-.5a): SECTION 2. [ This " hange in district classi fieation i ndifiened . n the f llowing ] 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 Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant[s], successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C. The applicant shall submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval by the Department of Water Supply and [T]the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [ninety (9"one hundred_eightyLl 801 days from the effective date of this amended ordinance. D. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of [the Change of Zone this amended ordinance. E. All interior subdivision roadways shall be constructed to [re^^~a y agile] roadway standards meeting with the approval of the Department of Public Works. F. Access to the subject property from Palani Road shall meet with the requirements of the Department of Public Works. The entrance roadway sight distance shall meet the requirements of the Statewide Design Manual. All lots shall be accessed from one common access road. G. In conjunction with Final Subdivision Approval, provide paved shoulder along the entire subject property's Palani Road frontage, meeting with the approval of the -2- Department of Public Works. The roadway section fronting the subject property along Palani Road which shall provide for the future road widening of Palani Road to an 80-foot wide right-of-way, including roadway improvements thereon, shall be subdivided and dedicated to the County ofHawai`i upon its completion. H. A Traffic Impact Analysis Report shall be submitted for review and approval by the Department of Public Works prior to [the Fn°l ^ hdivisiRn ,...pro °"Final Subdivision Approval. Prior to the issuance of [t-he]a certificate of occupancy for any portion of the subject property, the applicant shall be responsible for constructing and/or paying for its pro rata share of any traffic mitigation measures required by the Traffic Impact Analysis Report for the subject property. 1. Restrictive covenants(s) in the deeds of all the proposed lots within the subject property 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 Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. J. All development-Kenerated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study of the project site, if required, shall be prepared by a licensed civil en ig neer for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed meeting with -3- the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to Final Subdivision Approval. [K. ]L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall [g°^^r° the ^ of the Office of Housing and Community Development that the ^ pliea"t'" a fdab1° housing .,,,..:iv"a,. if any, have been mutu lly agreed to prior to the Cron. Subdivision Approval for any pat4ion of the sttbje^t property ]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 Subdivision Approval. [3 ]M. Should any [unidentified ^ae^ or remains such ^ artifacts, sh^n bone, or ^h^.^^al deposit, hufaan burial, feek , ral ^rgninent^pavings or walls] 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-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient [ga4ive]mitigation measures have been taken. [#L]N. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities, and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of -4- residential lots proposed to be subdivided by the amounts allocated herein below for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due payable and prior to final subdivision approval of each increment shall be the sum calculated in the same manner according the number of additional proposed residential lots in each such increment. The fair share contribution [may be]in a form of cash, land, facilities, or any combination thereof (aeeeptable to the director in eensultatien with the affected shall be determined by the County Council. The fair share contribution shall have a maximum combined value of [$7,239.16 pper- x^.']$11,506.13 per single-family residential unit. [Basea upon the ° plieant'° « entations efintent bd .a `7 'level' p up to ten (10) si e„ti l lot,. the ifidieated tot 1 fair h contribution $72,391.60, h h t 1 shall h a amount redueed in prepei4-An vl,ith the aetual number of subdivided lots according tR the ,...1,...1atien and p e..r met f i4h in this Condition Ae The f share eentributien shall he allocated as c Hews:] 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: 1. [$3,490.85 per lot for an indie^ted total of $34,908.50]$5,548.46 per single- family residential unit to the County to support park and recreational improvements and facilities; 2. [$1 68 0-0 pef let, for an indiea}ed total eP$1,684.00-]$267.66 per single- family residential unit to the County to support police facilities; 3. [$332.61 perm let f f an i. dictated total of $3,326.10-1$528.66 per single- family residential unit to the County to support fire facilities; -5- 4. [Sl45.62 per let for an indicated total of $1,456.20]$231.45 per single- family residential unit to the County to support solid waste facilities; 5. [$3,101.69 per let f 6r an indic ted total of $31ni 6.8 ]$4,929.90 per single- family residential unit to the County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute 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 [appreval]review and recommendation of the director, upon consultation with the appropriate agencies and approval of the County Council. The cost of providing and constructing the improvements required in Condition G and Condition H, shall be credited against the sum specified in Condition [#(5)]N 5 for road and traffic improvements. For purposes of administering Condition [M]N, the fair market value of land contributed for such roadway segment and the cost of constructing its improvements shall be subject to the review and-[apprevallrecommendation of the director, upon consultation with the appropriate agencies and approval of the County Council. [N-]O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for 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. Comply with applicable laws, rules, regulations and requirements of other affected agencies for approval of the proposed development within the subject property. -6- fD A initial of f time for the pefformanee ..F,,, editions . ithi.. tl.extension ° L «,]:..anee may be granted by the Planning Di fe .tor ,....,n the fallowing t. I The "«f; fmanee is the « ult of eendit:ons that ula net have been. f «„seen are beyond the eant«el of the applicants, its stie6eSSEWS OF and that e of the « ult of their fault or negligenee. assigfis, !'farting of the time exte....:,..... uld not be contrary to the General Ann o« 'fie....,. !`o.le vrzvtm-rg cv¢~ 2 Granting of the time, e••tensie^ would not be eontrafy to the original f:easefis for the granting of the ehange of zone. 4. The timpc extension g-¢nstc4 ,l 3rh ll be period not to exeeed th° k.°...ed rrtrcrrt-nesrro-z F oa°.. originally nied for perfor ...ante (i.e., nditie.t to be perf:,«mod with:.. one year may be eXtended for up to afte additional year)..] Q If the applicant should require an additional extension of time, the Plamiing 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. R. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material 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. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE4 Comm. 40_ 8 -8- TRUE NORTH Scale 1 -ODU 0~ A ~P A-20a A'-In \ A 5a \ A-la \ 1 O P \ P~' PN 7 M \ H P A 5a \ I 309,553.68 N 335,638.41 E A-1 'a \ To A-la \ f Waimea A .y~ A-la AGRICULTURAL (A-50) TO RESIDENTIAL. AND A-5a A-la AGRICULTURAL (RA-.50) A la q Oq O AREA - 5.055 ACRES r 4 0 A-la o~ _ o A In .NOTE: COORDINATES REFERRED TO -HAWAIIAN PLANE COORDINATE SYSTEM, ZONE Y. AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-.5a) AT HONOKOHAU 2ND, NORTH KONA, HAWAII. FOR REFERENCE ONLY PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII Grace Community Church TMK : 7-4-6:38 REZ 875 JULY 16, 1997 (M.K. EXHIBIT "A" onp"p Portner.NpJ (ate)