Loading...
HomeMy WebLinkAboutBIL 050 Draft 06 1998-2000 yy~.,b ate r : ; COUNTY OF HAWAI:I~' STATE OF HAWAII BILL NO. 50 (Draft 6) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 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 chanties in district classification [is] ~ conditioned upon the following: (A) [that the] ~ applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval[;], (B) [the] Thy applicant shall submit the required water commitment payment for [200] Q$ 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 which shall provide for no more than 98 residential lots 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[;]. Further. no second dwellings shall be permitted on the lots. [(E)] ~ [a] A drainage system shall be installed meeting with the requirements of the Department of Public Works[;],. [(F)] ~ [access(es)] Access(es1 shall meet with the approval of the Department of Public Works. No lots shall have direct access from Kuakini Highway or Alii -2- Highway right-of-wav. Kuakini Highway-Kahakai access road intersection shall be improved with a channelized intersection [and traffic signal conduits and pull boxes] which [meet] meets 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 channelized intersection at the Alii Highway-main access road intersection shall be constructed;] [(G)] 1F1 [the] Thy main access road and interior subdivision roads shall be [provided with curbs, gutters and sidewalk improvements and underground utilities. Interior north-south roadways] prjvately owned and the improvements shall be subject to the approval of the Department of Public Works. Roadwav connections shall extend to the [boundaries] su ' ct propg~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)] ~ [the Alii Highway right-of-way and associated easements within the property -3- 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 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 right-of-wav of the Alii Highway byshe Department of Public Works and the completion of the right-of-wav subdivision by the Count 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 Counly upon its request. At the same time. the applicant shall dedicate to the County asixty-foot wide right-of--way between Alii Drive and Alii Hjghwav reserving to itself a sewer easement to permit Lhe development of a sewer interceptor line by the applicant for its proiect. The applicant shall make its fair share contribution for the proposed Alii Highwav proiect. [(I)] ¢j) [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. jj) A Traffic Impact Ana sib s Report (TIAR) 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] An [intensive] archaeological inventory survey, data recovery and mitigation interpretation plan as well as resulting reports shall be submitted for review and approval by the Planning [Department] Director, in consultation -4- with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD), 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 buffers] a ten meter mi im ,m buffer on bo h cide of he wall measured from its base. in the form of written easements 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] QLI`I& ~jp~, shall provide for continued preservation and maintenance of the [sties] sites to be preserved. The proposed subdivision shall 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. Said breach shall be done in accordance with a plan. approved by the Plannine Director in consultation with DLNR-HPD and monitored by a qualified archaeologist. using mechanical and non-mechanical means to ensure the integrity of the Kuakini Wall. and stabilizing the wall's two open ends to prevent the structure from collapsine. (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 disinterrLmenUreinterrLmenll for burial sites shall be approved by~he Historic Preservation Division's Hawaii Island Burial Council before detailed mitigatiolZplans are finalized for these sites. A copy of the approved Final Data Recovery Plan and Preservation Plan shall be submitted to the Plan-nine Director for its files prior to submitting plans for subdivision review and prior to anv -5- approval for any land alteration eD rmjCS• (L) [should] ~hQUld any unidentified sites or remains such as artifacts, shell, bone, or chazcoal 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[;] (M) That parcel identified as the sewer easement makai of the proposed proiect. which would basically connect Alii Higl~w y or Parkway to Alii Drive. would be dedicated in fee simple to the Counly for sewer and roadway p~poses upon completion by the developgr. [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 the proiect to the east of the Kuakini Wall contains lots with a minimum lot size of one acre or more. said lots may be serviced b~ septic tanks or other method which meets with the approval of the Departments of Public Works, Health, Planning [and Education;], (N) [to] T4 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 Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County as contained in Hawaii County Housing Agency -6- 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 voluntazily 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;] comnl_y with the requirements of Chanter 11. Article 1. Hawaii Counly Code. relating to Affordable Housine. (O) [the] Tll~ 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 pazk site shall be dedicated to the County within one year after the date of receipt of final subdivision approval;] (P) [the] Ttlg 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 Depaztment of Education. The pro rata share determination and its implementation shall be provided by the Planning Department in consultation with the Department 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 -7- 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 covenant 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 prsposed lots within the subiect nrop~rty s_h_all prohibit the construction of a second dwelling uiit on each lot. and shall prohibit furfl,er subdivision in excess of the total 98 residential lot A copy of the proposed covenant(s) to be recorded with the Bureau of onveyance hall be submitted to he Pla Wing 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 anv portion of the subject prop~y. A copy of the recorded document shall be filed with the Pig Department upon its receipt 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] ~ 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 -8- 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] Attiuiti3l 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 [permit] 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 applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. [Further,] y, [should] Sh4~ld any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] m 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. -9- 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: COI~IQCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: IIEfEkEAICF.e Gomm. 187.009 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -io- FOR REFERENCE PURPOSES ONLY - R!•-7.i RM- t, u oJ~ ~ ws\C~ \ R~-le ' ~aSE ~ \ -,P~.?r M10~,~a\ aU~/.1111 V ~ ' ' / RTM y Ij ~ Spy. \ ~ il. - w*"' * y,t V: r .11. . d'a~~ ~ • s . u RM-9 UNPI~ANNBD TO 1 ' ~t RQ7tOCNT1AL (1!J-~C) • •aM•F ~ ~ J J CM•10 \ I ~ 1 Pi 9~ ~ ~ 91.9Q RM-t ` ~IIIC.19 C J RO• I M1•~-i * 1 . i ~ ~ ~ r~. . RM ? ` ~ t. v-L21r ' RO-1~ \ :r'~ ' ~ 'MLi\ ~ama.nau • Y I.L •i. ~ \ ~aMl ue..a NI , 1 - ~ 1 Wa~aaa halal AMENDMENT TO THE ZONING CODE AMLNOtNG SECTION 'ZS-87 (NOT~TH ICONA ZONE 1~IAP) ARTiCLQ 3, CHAPTER ~5 (ZONING CODE OF THE hiAWAiI COUNT7' CODE, B7' CHANGING THE D15TR1CT CLA551F1CAT10N F140M UNQLANNEfl (u) To SINGLE PAM1Ly f?I_5117LNTIAL (f~5-7.5) AT PUAPUAA 1ST AND ~N~, NOTZTFi KONA, 1-IA1NA11. PREPARED py 1 PLANNING CLPARTM>aT~IT COIJNTT OP !-fAWAl1 -*"~K ~ 7- °S'~O = PORTION OF t ..1UN0 6. 1990 aaaaa~a