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HomeMy WebLinkAboutORD 1998-066 1996-1998r COUNTY OF HAWA7 ' � STATE OF HAWAII BILL NO. 236 .. (Draft 2) ORDINANCE NO: 98 66 AN ORDINANCE AMENDING ORDINANCE NO. 91-22, WHICH RECLASSIFIED LANDS FROM AN UNPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS -10 AND RS -15); MULTIPLE FAMILY RESIDENTIAL (RM -4) AND NEIGHBORHOOD COMMERCIAL (CN -10) AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-10:27. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 91-22, is amended as follows: "SECTION 2. These changes in district classification are conditioned upon the following: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) the applicant shall consummate a water agreement to provide water for the remaining units with the Department of Water Supply 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 agreement is consummated; (C) the Single Family Residential zoned areas shall be subdivided in two increments. The first increment shall consist of a maximum of [55 contiguous acres and the second increment the remaining area. Subdivision plans shall 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 single family 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 • 0 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;] seven -seven (77) residential lots based upon the units of water available and committed to the applicant by the Department of Water Supply. Subdivision glans for the second increment shall be submitted only after the Department of Water Supply grants to the applicant the necessary water commitments for each of the proposed lots of the second increment. No variance from the minimum water requirements for any portion of the_subiect proper shall be granted. (D) [subdivision plans for the first increment shall be submitted within one year from the effective date of the change of zone.]in conjunction with the submittal of plans for subdivision review orltd an approval review. a master plan of the subject property shall be filed with the Planning Director. The master1p an is intended to provide comprehensive design principles and guidelines for the development of the commercial and residential areas in a manner consistent with infrastructural requirements and the su mmnding, area. Final subdivision approval or Final Plan Approval for any portion of the subject property shall be secured within [one year] five year from the effective date of [receipt of tentative subdivision approval] this am ndment. [(E) plans for the Multiple Family Residential zoned area shall be submitted and Final Plan Approval secured within two years from the effective date of the change of zone; (F) construction of the units within the Multiple Family Residential zoned area shall commence (building permit) within one year from .the date of receipt of Final Plan Approval and be completed within three years thereafter; -2- (G) plans for the Neighborhood Commercial zoned area shall be submitted and Final Plan Approval secured prior to receipt of Final Subdivision Approval for the second zoning increment of the RS zoned area;] M[(H)] construction of the proposed development within the Neighborhood Commercial zoned area and Multiple -Family Residential area of the subject property shall [commence (building permit)] be completed within [one year] five year from the date of receipt of Final Plan Approval for any portion of the subject propca [and be completed within three years thereafter]; _M[(I)] a drainage system shall be [installed] constructed meeting with the requirements of the Department of Public Works in co 'unction with final subdivision .W[(J)] the main access road and interior subdivision roads to be dedicated to the County shall [be provided with curbs, gutters and sidewalk improvements meeting] n= with the approval of the Department of Public Works. Further, as may be required by the Department of Public Works, the existing north -south roads of the Kona Palisades Subdivision shall be extended through the proposed development. Additionally, prior to occupancy permits for any multi -family development the subdivision road shall connect to Kaiminani Drive below the community center. Pending the completion of said subdivision road, if deemed -pro- . Le by the Department of Public Works, a construction road to accommodate construction traffic associated with on-site infrastructural work shall be constructed from the makai end of the subject property to the actual area of development; .UJ[(K)] an archaeological data recovery and mitigation/interpretation plan shall be submitted for review and approval by the Planning Department, in consultation with the State Department of Land and Natural Resources, Historic [Sites -3- Section] Preservation Division (DLNR-HPD), prior to submitting preliminary subdivision plans for any portion of the [first increment ]subject property or prior to any land [preparation] alteratio activity, whichever occurs first; LD[(L)] 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; UQ restrictive covenants in the deeds of all the ploposed residential lots within th_e 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 the Hawaii CountyHousing 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 the applicant may transfer ownership in the -4- property; provided, however, that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency] cg=ly with the requirements of Chapter 11. Article 1. Hawaii County Code, relating to Affordable Housing; jM[(N)] a minimum area of four acres to be set aside within the area for active park uses. The park shall be kept in private ownership and maintenance until such time that the applicant intends to dedicate it to and with the acceptance of the County. The [exact] location and configuration shall be determined at the time of [subdivision approval of Increment 1 of the Single Family Residential (RS) zoned area] submittal of the master plan described in Condition (D) herein. Minimum improvements shall be provided for the park area prior to issuance of occupancy permit for any development within the RM zoned area or prior to receipt of Final Subdivision Approval of the second increment for the Single Family Residential (RS) zoned area, and/or prior to the dedication to the County, whichever occurs first. The minimum improvements shall include, but not be limited to, grading and grassing which meet with the approval of the Directors of the Planning Department and the Department of Parks and Recreation. Until such time that the park is dedicated to and accepted by the County, there shall be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: (1) obligate the subdividers, purchasers, occupants, or association in the subdivision to maintain the private park in perpetuity; and (2) empower the County, through the Director of the Department of Parks and Recreation, to enforce the covenants to maintain the private park, authorizing the performance of maintenance work by the County in the event of failure by the subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of the work -5- performed by the County has been reimbursed; fn)[(0)] comply with all other applicable laws, rules, regulations and requirements, including those of the State Land Use Commission; (W[(P)] 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 the performance in accordance with the requirements of the Unified Impact Fees Ordinance; Rj[(Q)] 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 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; LW[(R)] an 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 = 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]chanee off; 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. (M Further, should any of the conditions not be met or substantially complied with VI 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: f &CIL M MBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: June 1, 1998 Date of 1st Reading: June 1, 1998 Date of 2nd Reading: June 16, 1998 Effective Date: July 2, 1998 827.01 REFERENCE: Comm. APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE: -7- Introduced By: Date Introduced: First Reading: Published: REMARKS: Second Reading To Mayor: Returned: Effective: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo —,Hawaii (DRAFT 2P^ 1: €'l 9 0 1n E3i Bobby Jean Leithead-Todd June 1, 1998 June 1, 1998 ■ June 16, 1998 June 19, 1998 July 2, 1998 July 2, 1998 July 10, 1998 I DO HEREBY CERTIFY that the fore oing BILL was adopted by the County Council and published as indicated above. APPROVED AS T� . FORM AND LEGALITY: P, .0 AZA DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date 'JUN 2 3 1998. Approve this f day 02CIL HAIRMAN of 19 CO UNTY CLERK Bill No.: 236 ( Draft 4 ) Reference: C-827.01/PC-1.13 Ord. No.: us 66 ROLL CALL VOTE - AYES . -NOES, ABS EX Arakaki X Chung X Leithead-Todd X Ray X Reynolds X Santangelo X Smith X Tyler X Yagong X 8 0 1 0 I DO HEREBY CERTIFY that the fore oing BILL was adopted by the County Council and published as indicated above. APPROVED AS T� . FORM AND LEGALITY: P, .0 AZA DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date 'JUN 2 3 1998. Approve this f day 02CIL HAIRMAN of 19 CO UNTY CLERK Bill No.: 236 ( Draft 4 ) Reference: C-827.01/PC-1.13 Ord. No.: us 66 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Chung Leithead-Todd X Ray X Reynolds x Santangelo X Smith X Tyler X Yagong I X 9 0 0 0 I DO HEREBY CERTIFY that the fore oing BILL was adopted by the County Council and published as indicated above. APPROVED AS T� . FORM AND LEGALITY: P, .0 AZA DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date 'JUN 2 3 1998. Approve this f day 02CIL HAIRMAN of 19 CO UNTY CLERK Bill No.: 236 ( Draft 4 ) Reference: C-827.01/PC-1.13 Ord. No.: us 66 .:•ioL 4e.i .VCP (V. ,� a� FOR REFERENCE ONLY _s h Oi pARGEL I OQ; UNPLAfdN�D (U) TD SiNGt-E IaAMIL7' RB9ID=NTIAL. CR ORES \ AREA = U r-4 PLAf4 NCD OpAtQccL.. '� U1.IPLANNCD CV) To SINt3t-t5 AREA M�-,LE3 13 ACRE'S (RS -13) 03 PARCC-L � C UN PLANN ED (LJ) To MU L-TIPLM FAMit_y �6 36NAC1'?E-'S / ARCA = G' O PARCCL 4 P/ C !r , UNP'.ANNC3� (tJ) ToC3 H ISO rR Q GOMMC-1?Cr1Ab01-- CGN-10� QP ACRES r� .1,11Y ✓1 -74=3;-7 68 5 20, eCG rs6 YV "MOAN i UN Pt-A1V tV ME> U!Vpi ANNED � 'L', u C AMENDMENT TO THE ZONING CODE AMENDING SCCTION -MS"S-7ZONING C fl ?OF Tt-1E P) ARTI CL -S 3, CI-fAPTMm -mm HAWAII COUNT7' Ct5DE, G7' CHANGING TF�t= tOISTIZICT Ct_ASStF=1CAT10N FPOM UNI=L-^NNED tU) TC SINSL.t= F,q�ILy IRCSIDENTIAL (RS -10) AND (RS -vs); M150 ,Ul..T1PL-E FATYIII-y CQESIDENT3AL.. ORM-4) AUAOASTHN~�O1?T OOp COMMET?C1At_ �CN-1O) AT KOt�lA, HAWAI! - PRL�PARED B7' G UNT7' CP H YVAI N1ENT rv1K=-7-3-1O=T MM- OF'.7 =;T I; 4II OCT- igJO