HomeMy WebLinkAboutBIL 101 Draft 02 2008-2010
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. tot
ORDINANCE NO. (DRAFT 2)
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 HAWAI'L•
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,
Hawaii, shall be Residential and Agricultural -.5 acre [(RA .5)1 (RA-.5a):
SECTION 2. [ Th. ehange in distriet elassifieat:^^ : anditi ned. n the f hewing:]
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:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
Cal 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[si, 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
(99jione hundred eighty (180) 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 [€ive(3)]three 3
years from the effective date of [!he Change o"^^°'this amended ordinance.
E. All interior subdivision roadways shall be constructed to [Ge lt5 le]
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 Department of Public Works. The roadway section fronting the subject
property along Palm Road which shall provide for the future road widening of
Palani Road to an 80-foot wide right-of-way, including roadway improvements
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thereon, shall be subdivided and dedicated to the County of Hawaii upon its
completion.
H. A Traffic Impact Analysis Report shall be submitted for review and approval by
the Department of Public Works prior to final ha i °"Final
Subdivision Approval. Prior to the issuance of [the]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-generated 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
the approval of the Department of Public Works prior to the issuance of Final
Subdivision Approval.
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K A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to Final Subdivision
Approval.
[IL]L. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall [ the. the ^f""° of
Hetising and y Development
L . Fnents, if any, have been fnutually agreed to prior to the Final Subdivisio
Approval for an), pei4ian of 'he subjeet ]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.
[6]M. Should any [uttidz iF h m4ifaets, 1 a bone, or- ehareeal
deposits, human burials, reek or coral aligninents, pavings er ]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 Lmitigati-ve]miti ag tion measures have been taken.
[M-.]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
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
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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 [maybe]in a form of cash, land, facilities, or any combination
thereof [aeeeptable to the direptpr in Pongultation with the shall
be determined by the County Council. The fair share contribution shall have a
maximum combined value of [Q','12°m, )e: =ot]$11,506.13 per single-family
residential unit. [Based and develop up to ton (10) residential lots, the indieated total fair shafe
eant-ributien is $72,391.60, heweveF, the total ametint shall be iner-eased or
and payment ",.t feAh in this CenditiRn M "T'i'e fair ^w^-^
ealeulation 'T- - shall w „ .....a as f 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 [$3,490.95 per let, for an indieated total of ]$5,548.46 per single-
family residential unit to the County to support park and recreational
improvements and facilities;
2. [$168.40 per let, for an indiented total of 1$267.66 per single-
family residential unit to the County to support police facilities;
3. [S332.61 lot, for an ^a:^°ted total ~ ' n]$528.66 per single-per family residential unit to the County to support fire facilities;
4 [$145.62 per lot, for- an indieated total of ]$231.45 per single-
family residential unit to the County to support solid waste facilities;
5. [$3,101.68 per- let, for an indieated tatal of ]$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
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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 [approval]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 ["]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_[appreyal]recommendation 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.
[9:]P. Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the proposed development within the subject
property.
[P An initial F ti extet;sion 1. V anted by the Planning g Dreet..- ..on the following
erdinanee may ntn
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T1 F tL
Y
assigns, and h ,.t the feqiilt of the fault or neglig
-2. Grantin ension would not be eopArafy to the General Plan
F the time f
a
Zoning e.
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3 Granting ef tke tUBe enteasleR ';;eald Bet ae eeatFary t8 the eriglnal
reaDeRS fer the gFlHltiBg ef the elllHlge ef zeae.
4. The time e)(teRGleR grllfttell shall he fer a "eriell Ret te eKeeell the peHell
6ng18ally granted fer permFmanee (i.e., a eea81110R to he perfsHReEi
WlthiR eRe year may he el(teBdell fer 11" te eRe atidltleRal year) ]
O. If the applicant should reauire an additional extension of time. the Planmng
Director shall submit the applicant's reauest to the Planning CommissIOn and
County Council for appropriate action. Further. should any of the conditions not
be met or substantially complied With m a timely fashIOn. the Director shall
mitiate rezoning of the area to its original or more appropnate designation.
[Q-] R.
Should any of the conditions not be met or substantially comphed with in
a timely fashIOn, the Director may initiate rezomng of the subject area to ItS
onginal or more appropriate designation.
SECTION 2. Material to be deleted is bracketed and stncken New matenal is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invahdlty shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon ItS approval.
INTRODUCED BY'
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COUNCIL MEMBER, COUNTY OF HAW AI'I
, Hawai'i
Date of Introduction.
Date of 1 st Reading:
Date of 2nd Readmg
Effective Date.
REFERENCE. Comm;
40R 1
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