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HomeMy WebLinkAboutBIL 050 Draft 04 1998-2000 o o~'h'y:; i. C} COUNTY OF HAWAII STATIr OF I-I~gWAII ~:;rt BILL NO. so (Draft 4) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE N0. 91 21, WHICH RECLASSIFIED THE DISTRICT CLASSIFICATION OF LAND FROM UNPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AT PUAPUAA 1ST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-20:1 (formerly portion of 1). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 91 21 is amended as follows: "SECTION 2. [This change] These chances in district classification [is] ~ conditioned upon the following: (A) [that the] ~g applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval[;], (B) [the] T11~ applicant shall submit the required water commitment payment for [200] 2$ units to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of [approval of the change of zone. The applicant shall consummate a water agreement for the remaining 153 units with the Departments of Water Supply and Planning within ninety days from the date of approval of the change of zone. The zoning of the property shall not be in effect until the water commitment payment is accepted by the Department of Water Supply and the water agreement is consummated;] this ordinance. (C) [the property shall be subdivided in two increments. The first increment shall consist of a maximum of 60 contiguous acres (exclusive of the park, school, and water tank sites and major archaeological preservation areas) and the second increment the remaining area. Subdivision plans may be submitted for the second increment 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 twenty-five percent of the number of lots proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department 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 Planning Department. Upon final execution of such agreement and filing of the security with the County, subdivision plans for the second increment may be submitted prior to the actual construction of the dwellings in the first increment; (D) subdivision plans for the first increment shall be submitted within one year from the effective date of the change of zone.] Final subdivision approval shall be secured within [one year from the date of receipt of tentative subdivision approval.] five years from the effective date of this ordinance. Plans for necessary infrastructural improvements, including intersection improvements, sewer collection and transmission lines and, if appropriate, an interim sewage treatment system, shall be submitted in conjunction with construction drawings for final subdivision approval of the first increment[;], [(E)] l,I~1 [a] A drainage system shall be installed meeting with the requirements of the Department of Public Works[;],. [(F)] ~ [access(es)] Access(es) shall meet with the approval of the Department of Public Works. No lots shall have direct access from Kuakini Highway or Alii Hieh. wav rieht-of-wav. Kuakini Highway-Kahakai access road intersection shall be improved with a channelized intersection [and traffic signal conduits and pull -2- boxes] which [meet] 111~€t8 with the requirements of the Department of Public Works. [The Kuakini Highway-Kahakai access road intersection shall be provided with a traffic signal as follows: 1) the design for the traffic signal will be submitted to the Department of Public Works for review and approval in conjunction with construction drawings for final subdivision approval of the first increment; 2) the traffic signal conduits and pull boxes will be installed during construction of the Kahakai access road intersection with Kuakini Highway. These improvements shall be provided prior to final subdivision approval of the first increment or as otherwise provided by Chapter 23 (Subdivision Control). A chammelized intersection at the Alii Highway-main access road intersection shall be constructed;] [(G)] [the] T11~ main access road and interior subdivision roads shall be [provided with curbs, gutters and sidewalk improvements and underground utilities. Interior north-south roadways] privately owned and the improvements shall be subject to the approval of the Department of Public Works. Roadwav connections shall extend to the [boundaries] subject prop's southern boundary to provide connection with existing and future roadways to adjacent properties. [Roadway access to Kahakai Elementary School shall be constructed prior to occupancy of the first increment affecting lands adjacent and to the north of Kahakai School. This roadway connection shall meet with the approval of the Department of Public Works and the Department of Education;] [(H)] jS~1 [the Alii Highway right-of--way and associated easements within the property shall be dedicated to the County within six months of the date of final right-of- way determination by the Department of Public Works. That section of the Alii -3- Highway within the property shall be constructed in accordance with the requirements of the Department of Public Works prior to the issuance of final subdivision approval of the second zoning increment or upon a determination by the County that the roadway be constructed, whichever occurs first;] Upon the determination of the required rig t-of--way of the Alii Highway by the i~epartment of Rblic Works and the completion of Lhe right-of-way subdivision by the County. the applicant shall dedicate such right-of-way and any resultine remnants of the subject property to the west of the right-of-wav in fee simple to the County anon its regltest. The applicant shall make its fair share contribution for the proposed Alii Highway proiect. [(I)] ~ [should] Should an Improvement District be implemented for the construction of the proposed Alii Highway, the applicant, successors or assigns shall automatically be a participant in the Improvement District, provided, however, that the contribution of land and the construction of improvements can be credited towards the applicant's Improvement District assessment. ~ A Traffic Impact Ana siv s Report (TIARI shall be prepared and submitted for review and approval to the Department of Public Works prior to submittal of plans for subdivision review. (J) [an] intensive archaeological survey, data recovery and mitigation interpretation plan shall be submitted for review and approval by the Planning [Department] Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPDI, prior to submitting preliminary subdivision plans [of the first increment] or prior to any land preparation activity, whichever occurs first. Mitigation shall include, but not be limited to, the preservation of Kuakini Wall with [approved] ten meter buffers from the property line along the wall. in the form of written easements -4- and the formulation of historic preservation area(s). Easements and preservation areas shall be delineated on maps submitted for subdivision approval. Restrictive covenants approved by the Planning [Department] Director, in consultation with the [Department of Land and Natural Resources- Historic Sites Section] DLNR-HPD, shall provide for continued preservation and maintenance of the [sties] sites to be preserved. The proposed subdivision shall l~v non-mechanical means breach Kuakini Wall at only one point approved by the Planning [Department] Director in consultation with the [Department of Land and Natural Resources;] DLNR-HPD. (K) [a burial treatment plan and detailed mitigation measures shall be approved by the Department of Land and Natural Resources prior to submitting preliminary subdivision plans for the first increment or prior to any land preparation activity, whichever occurs first;] Proposed mitigation treatment (preservation in place or disinternment/reinternment) for burial sites shall be approved lZy the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the anproved Final Data Recovery Plan and Preservation Plan shall be submitted to the Planning Director for its files prior to submittine plans for subdivision review and prior to anv annroval for anv land alteration permits. (L) [should] Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the [Planning Department] DLNR-HPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the [Planning Department] DLNR-HPD when it finds that sufficient mitigative measures have been taken[;] -5- (M) That parcel identiEed as Le sewer easement makai of the proposed project. which would basical],y connect Alii Highway or Parkway to Alii Drive. would be dedicated in fee simple to the County for sewer and roadway p~poses anon completion by the develop [sewer] Sewer collection and system transmission lines shall be constructed to the Alii Drive interceptor [meeting with the approval of the Department of Public Works. In the event that any portion of the development is completed prior to completion of the municipal interceptor serving the development, the applicant shall also construct an interim sewage treatment system, which location and design] provided: however. that if the first phase of Lhe proiect to Lhe east of the Kuakini Wall contains lots wit_h_ a minimum lo[ si a of one acre or more said lo[c may be serviced by~gpti a kc or other method which meets with the approval of the Departments of Public Works, Health, illy Planning [and Education;], (N) [to] ~ ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall [work with the Office of Housing and Community Development and the Plamming Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the Counry as contained in Hawaii County Housing Agency Resolution No. 65. This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of the first increment provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property; provided, however, that Petitioner may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency;] comply with the regy~ements of Chapter 11 _ Article 1. Hawaii County Code. relating to Affordable Housine. -6- (O) [the] Thy applicant shall set aside a minimum of 4~ acres of land for a private active recreational park use to service the projected population of the development. The location of the park site with minimum grassing and grading shall meet with the approval of the Departments of Parks and Recreation and Planning. [Further, the park site shall be dedicated to the County within one year after the date of receipt of final subdivision approval;] (P) [the] Ttl~ applicant shall work with the State Department of Education to designate a minimum of 1.7± acres of land for purchase by and with the concurrence of the State Department of Education. Further, the applicant shall provide its pro rata share for school facilities as may be required by and to the satisfaction of the Planning Department in consultation with the State Department of Education. The pro rata share determination and its implementation shall be provided by the Planning Department in consultation with the Departrnent of Education prior to final subdivision approval[;], (Q) [as agreed to by the applicant, restrictive covenants in the deeds of all the residential lots shall prohibit the construction of ohana dwelling units. A copy of the proposed covenant(s) shall be submitted to the Planning Department for review and approval prior to final subdivision approval of the first increment. Written assurance for implementation of this condition, which has met with the approval of the Planning Department, shall be submitted to the Planning Department prior to final subdivision approval of the first increment. A copy of atypically recorded covepant shall be filed with the Planning Department within one year from the date of final subdivision approval of the first increment] Restrictive covenants in the deeds of all the propnced lots within t_he subiect property shall prohibit the construction of a second dwellinP utit on each lot_ and h rohibit rther subdivision in excess of the total 98 residential lots. A conv of h proposed covenantGc) to be recorded with the Bureau of -7- 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 for any portion of th~jectprope A copy of the recorded document shall be filed with the P1arLnine Department upon its rece[pt from the Bureau of Conveyances. (R) [comply] Comnlv with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, Land and Natural Resources, Public Works, and Education[;), (S) [should] 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 developers' election, be satisfied by performance in accordance with] shall be credited towards the requirements of the Unified Impact Fees Ordinance[;] (T) [an] Qp annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required[; and,, (U) [an] An 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 -8- 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 [permit] changr, 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 applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. [Further,] V [should] Should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] ~y initiate rezoning of the subiect 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 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: ~r ~COtJNCIL MEMBER, COUNTY OF HAWAII -9- Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: KEfERENCEc Comm, 187.007 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -io- FOR REFERENCE PURPOSES ONLY _ . R~ -7 i Ru'p u u , r~J / +L V CXj CMS14~ I ` ~ ~ R••10 M,4MM~r ! RU ~FIY, LI ~ I eR~~ ~ , ' - a RT,y u oe• / _ ~,r, r ~ s.••' II14 . . • 't ~J~ u / wH ' UNPLANNED (U TO - * , RQ~tOfZNT1AL (RAJ-~C AREA ~ IoO.EEC ACR~ ~ ~ 4 ~ ~r-lo ~ ~ • ri, 1 ~ ~ n ~,:mes ' Y V ~ .,f , ~ 1. ~ ~I RI,,,.7. .A ,f w1.11 '1~VM-t.! - R7-1~ ~ eq ~ I ~ - ' `Pbi.\ MWnVnaU • Y-1.1S 't ~~MI 1 ~_I.a~ yn„IM H, ' ~ wi•IS 3 C N~MI~~ NMI AMENDMENT TO THE ZONING CODE AMLiNCiNG SECTION '~5-87 ~NO}~T?-1 1CONA ZONE MAP) ARTICLE 3, C?-FAPTLR '25 (Z01Y1NG CODE OF THE MAWA11 COUNT7' CODE, B7' CHANGING THE D15TR1CT CLA551F1CATICN F1~OM UNPLANNEfl (U) To SINGLE FANi1L7' i4Q51CLNTIAL (R5-7_5) AT PUAPUAA 1ST AND ~.ND, NOI'~TH KONA, 1°iA1NAl1. PREPARED py = PLAN?J11V G OEPAf~TM~TVT COUNT7' OF _ IyAWAI l 'MK ~ 7~ 5-~O = PORTION OF 1 JUNE 6. 1990