HomeMy WebLinkAboutBIL 236 Draft 01 1996-1998COUN'T'Y OF HAWAII STATE OF HAWAII
BILL NO. 236_
ORDINANCE NO.
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
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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;] seventy-seven (77) residential lots based upon the units of
water_ available and committed to the =Hcant 12y the Department of Water
Supply. Subdivision plans for the second increment shall be submitted only
after the Department of Water Smly grants to the =Iicant the necessary water
commitments for each of the proposed lots of the second increment, No
variance from the minimum water requirements for an portion of the subject
propertv 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 co 'unction with the submittal
of plans for subdivision review or plan approval review, a master plan of the
subJect proper shall be filed with the Planning Director. The master plan is
intended to provide comprehensive design principles and guidelines for th_e
development of the commercial and residential areas in a manner consistent with
infrastructural requirements and the surrounding area. Final subdivision
approval or Final Plan Approval fQj any portion of the subject propertv shall be
secured within [one year] five, year from the effective date of [receipt of
tentative subdivision approval) this amendment.
[(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;
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(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 property
[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 coniunction with final subdivision
LQ[(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] meet 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
�pnronriate 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;
.a)[(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
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Section] Preservation Division (DLNR-HEM, prior to submitting preliminary
subdivision plans for any portion of the [first increment ]subject property or
prior to any land [preparation]. alteration activity, whichever occurs first;
�,..)T [(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;
OQ restrictive covenants in the deeds of all proposed residential lots within the RS
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 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
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interest in the property prior to visible commencement of construction on the
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] comply with the reQuirements of Chanter 11.
Article 1, Hawaii County Code, relating to Affordable Housing;
M[(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
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land and properties in the subdivision to a lien until the cost of the work
performed by the County has been reimbursed;
QD[(0)] comply with all other applicable laws, rules, regulations and requirements,
including those of the State Land Use Commission;
LOJ[(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;
LQ)[(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]change of zone;
4) the time extension grantedshall 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
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:
` NCIL MEMBER, COUNTY OF HA All
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: 827
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATE:
-7-
FOR REFERENCE ONLY -
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AMENDMENT TO THE ZO LlUNG CODE
AMENDING SCCTION -'Ls-87ZCNfNG C C?OF THE
ART1 CL -C 9, CHAI®TWR -.?-s
HAWAII COUNT%' COOS, 137' CHANGING THE D1STR'CT
CLASSIFICATION FT-RoM UNPf--AP r-4wp Cu) -r si TITS �
FAN1ILy M=-SIDENTIAL_ (RS -10) AND
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COMMMMCiAL_ CCN -10) AT
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