HomeMy WebLinkAboutCOM 0067.001 2012-2014 Zendo Kern ---us ti`• Phone: (808) 965-2712
••oo+• !!r Fax: (808)965-2707
Council Member o;• obe.,'..
Council District 5 /+ Email: zkern@co.hawailhi.us
Mailing Address: o �_,;�• Planning Committee Chair
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Hawai`i County Building ,,'44 6F•Nr+!::'
25 Aupuni Street Environmental Management
Hilo, Hawai`i 96720 Committee Chair
Hawai`i County Council
County of Hawai`i
DATE: February 4, 2013
TO: J Yoshimoto, Chairperson -
and Members of the Hawai`i County Council
FROM: LY- Zendo Kern, Council Member •
SUBJECT: Proposed Amendments to Bill No. 21; Relating to Change of Zone
Ordinance No. 07-127
Please find attached proposed amendments to Bill No. 21. The proposed amendments are
illustrated below in Ramseyer format with respect to the contents of Bill No. 21.
1. Condition D is amended to read as follows:
"D. [To the extent practical and reasonable, the subdivision roadways within and
including the intersection of Waikoloa Road, Pu'u Melia Street and Paniolo
Avenue should incorporate multi modal connectivity improvements as
recommended by the South Kohala Community Development Plan meeting
with the approval of the Department of Public Works.] As recommended by the
South Kohala Community Development Plan, roads within the project site,
although not developed with the standard curb, gutter, and sidewalk section,
shall incorporate pedestrian and bike paths within their existing rights-of-way
meeting with the approval of the Department of Public Works,"
2. Condition K is amended to read as follows:
"K. [Prior to the submittal of plans for a grading or any associated permit for a
golf course to the County for review and approval, the applicant shall consult
Serving the Interests of the People of Our Island Comm. No.
Hawai`i County is an Equal Opportunity Provider and Employer Ref.To:
Ref. Date FEr latrrit
with the Waikoloa Village Association and the County Council relative to the
timing and propriety of such use. This condition, except for the consultation
requirement for any golf course, may be waived by the Planning Director,
after consultation with Corporation Counsel, if an appellate judicial decision,
or substantive change to Chapter 205, Hawai`i Revised Statutes, clearly
establishes the legality of this project in the Agricultural State Land Use
district, including the residential uses of the lots;] The area formerly planned
for a golf course shall be utilized for open space and recreational purposes as
noted herein. Two (2) areas consisting of at least five (5) acres each shall be
set aside for future park sites and dedicated to the County; and three (3) 1-acre
lots adjacent to the rural-residential lots shall be set aside for tot lots and shall
be kept under private ownership. These areas shall be designated on a revised
preliminary subdivision map as approved by the Planning Director. The
required land-dedication documents for the 5-acre park sites shall be
submitted to the Planning Department for processing prior to receipt of final
subdivision approval of the rural-residential lots adjacent to the proposed park
site. The tot lots shall be created in conjunction with receipt of final
subdivision approval of the rural-residential lots. The value of the land for the
two (2) 5-acre park sites and any other land that is available to the public,
including the value of any improvements, shall be applied to the park and
recreational fair share requirement prescribed in Condition L;"
3. Condition L is amended by amending its final paragraph to read as follows:
"In lieu of paying the fair share contribution, the applicant may contribute land and/or
construct improvements/facilities related to parks and recreation, which may include a
multi-purpose community center, fire,police, solid waste disposal facilities and roads
within the region impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate
agencies and approval of the County Council[;]_ The value of the land and any
improvements thereon as prescribed in Condition K shall be applied to the park and
recreational fair share requirements contained herein;"
A draft copy of Bill No. 21, Draft 2 is attached with these proposed amendments
incorporated therein.
ZK/bl
att.
AN ORDINANCE AMENDING ORDINANCE NO. 07 127 WHICH AMENDED
ORDINANCE NO. 05-157, WHICH AMENDED ORDINANCE NO. 95-51, WHICH
AMENDED ORDINANCE NO. 90-160, WHICH RECLASSIFIED LANDS FROM
AGRICULTURAL 5-ACRE (A-5a) (FORMERLY UNPLANNED) AND MULTIPLE FAMILY
RESIDENTIAL— 1,500 SQUARE FEET (RM-1.5) TO RESIDENTIAL—AGRICULTURAL 1
ACRE (RA-1a) AND OPEN (0) DISTRICTS AT WAIKOLOA, SOUTH KOHALA,
HAWAII, COVERED BY TAX MAP KEY 6-8-002:PORTION OF 016.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Ordinance No. 07 127 is amended as follows.
"SECTION 3. In accordance with Section 25-2-44, Hawai`i County Code 1983
(2005 Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) 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
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors or its assigns shall be responsible for complying with all
of the stated conditions of approval;
B. [ • £ .. - - --
effective date of this new amendment. Plans for the off site roadway
improvements required in Condition C, shall be submitted no later than six
and dedicate the intersectional improvements required in Condition C prior to
. . . . '. . . - 9' - . . ' . . •
construction of infrastructural ifnprovements herein, the applicant may enter into
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an agreement with the County to assure the County that the infrastructure
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other security deemed acceptable to the Planning Director and the Corporation
Counsel. Upon execution of such agreement and/or filing of the security with the
shall be granted in lieu of the actual construction of required infrastructural
improvements. No occupancy permit shall be issued until all of the infrastructure
improvements covered by the bond or surety have been constructed and approved
by the County;] Final Subdivision Approval for not less than 50 lots shall be
secured within five (5) years of this new amendment, provided, however, that
Final Subdivision Approval for the entire project shall be secured within ten (10)
years of the effective date of this new amendment.
C. Access shall meet with the requirements of the Department of Public Works.
Direct vehicular access to Waikoloa Road shall be limited to two roadways from
the project site. These accesses shall be fully channelized with dedicated left and
right turn deceleration and acceleration lanes on Waikoloa Road. Waikoloa Road-
Pua Melia Street-Paniolo Avenue intersection shall be channelized and improved
by a"roundabout" system meeting with the requirements of the Department of
Public Works. This roundabout system, and the[The] first channelized
intersection improvements on Waikoloa Road together with other improvements
required by the Department of Public Works based upon a current Traffic Impact
Analysis Report shall be provided in conjunction with final subdivision approval
of the first increment of no less than fifty(50) lots, or as otherwise provided by
Chapter 23 (Subdivisions). The second channelized intersection improvements on
Waikoloa Road shall be provided prior to or in conjunction with the opening and
use of the project's second access required for Phase II. Any necessary additional
right-of-way for the intersection improvements shall be dedicated to the County,
at no cost to the County, prior to Final Subdivision Approval, creating any single-
family residential lots. The applicant shall also provide a 10-foot wide future road
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widening and grading setback along the Waikoloa Road frontage of the subject
property;
D. As recommended by the South Kohala Community Development Plan, roads
within the project site, although not developed with the standard curb, gutter, and
sidewalk section, shall incorporate pedestrian and bike paths within their existing
rights-of-way meeting with the approval of the Department of Public Works;
[D-] E. To ensure that the goals and policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai`i 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;
[E.] F. A drainage system shall be installed in accordance with the requirements of the
Department of Public Works and other affected agencies;
[F,] G. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of final
subdivision approval;
[G-] H.A water system meeting with the Department of Water Supply shall be provided
or bonded prior to issuance of final subdivision approval. At no cost to the
county, the water system shall include the construction of on and off-site water
reservoir(s), appropriate transmission system to and within the subject site, and
other related appurtenances. Said system shall also include provision(s), such as a
separate irrigation meter or system throughout the subdivision, to monitor and
control excessive use of potable water for irrigation.
[W] I. Comply with all applicable County, State and Federal laws, rules, regulations and
requirements;
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[L] J. Restrictive covenants in the deeds of all proposed lots within the property shall
give notice that the terms of the zoning ordinance prohibit the construction of a
second dwelling unit and condominium property regimes on each 1-acre lot. This
restriction may be removed by amendment of this ordinance by the County
Council. The owner of the property may also, in addition, impose private
covenants restricting the number of dwellings. A copy of the proposed
covenant(s) to be recorded with the State 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 recorded document shall be filed
with the Planning Department upon its receipt from the Bureau of Conveyances;
[J] K.[Before final subdivision approval, applicant must obtain reclassification of the
RA la zoned area from the State Land Use Commission to the Rural or Urban
district. Prior to the submittal of plans for a _ .:•- •. : •- .
golf course to the County for review and approval, the applicant shall consult with
the Waikoloa Village Association and the County Council relative to the timing
. . . •- . - . . cendition, except for the consultation requirement
for any golf course, may be waived by the Planning Director, after consultation
with Corporation Counsel, if an appellate judicial decision, or substantive change
to Chapter 205, Hawai`i Revised Statutes, clearly establishes the legality of this
project in the Agricultural State Land Use district, including the residential uses of
the lots;
The area formerly planned for a golf course shall be utilized for open space
and recreational purposes as noted herein. Two (2) areas consisting of at
least five (5) acres each shall be set aside for future park sites and dedicated
to the County; and three (3) 1-acre lots adjacent to the rural-residential lots
shall be set aside for tot lots and shall be kept under private ownership.
These areas shall be designated on a revised preliminary subdivision map as
approved by the Planning Director. The required land-dedication
documents for the 5-acre park sites shall be submitted to the Planning
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Department for processing prior to receipt of final subdivision approval of
the rural-residential lots adjacent to the proposed park site. The tot lots
shall be created in conjunction with receipt of final subdivision approval of
the rural-residential lots. The value of the land for the two (2) 5-acre park
sites and any other land that is available to the public, including the value of
any improvements, shall be applied to the park and recreational fair share
requirement prescribed in Condition L;
[I ] L.The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall be
initially based on the representations contained within the change of zone
application and may be increased or reduced proportionally if the lot counts are
adjusted. The fair share contribution shall become due and payable prior to
receipt of Final Plan Approval or within five years from the effective date of this
amended change of zone ordinance, whichever occurs first. The fair share
contribution for each lot shall be based on a maximum density for each lot as
determined by the zoning resulting from this change of zone. The fair share
contribution in a form of cash, land, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be adjusted
annually beginning three years after the effective date of the amendment to the
ordinance, based on the percentage change in the Honolulu Consumer Price Index
(HCPI). The fair share contribution shall have a maximum combined value of
[$11 ] $12,772.64 per single-family residential unit. 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:
• [$4,999.91] $6,159.19 per single-family residential unit to the County to
support park and recreational improvements and facilities;
• [$241.20] $297.12 per single-family residential unit to the County to
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support police facilities;
• [8476-.-3-9] $586.85 per single-family residential unit to the County to
support fire facilities;
• [$208.57] $256.93 per single-family residential unit to the County to
support solid waste facilities;
• [$4,442.50] $5472.55 per single-family residential unit to the County to
support road and traffic improvements;
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, which
may include a multi-purpose community center, fire, police, solid waste disposal
facilities and roads within the region impacted by the proposed development,
subject to the review and recommendation of the Planning Director, upon
consultation with the appropriate agencies and approval of the County Council[;]_
The value of the land and any improvements thereon as prescribed in
Condition K shall be applied to the park and recreational fair share
requirements contained herein;
[b]M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance;
[M.]N. An annual progress report shall be submitted to the Planning Director prior to the
anniversary 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 with and the Planning Director acknowledges that further reports
are not required;
[N.]O. Should any of the conditions not be met or substantially complied with in a timely
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fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation."
SECTION 2. Material to be deleted is bracketed and struck through and material to be
added 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.
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