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HomeMy WebLinkAboutORD 2013-040 2012-2014 . "4-',OF p , :71 ` 4:;\ ),.r1 COUNTY OF HAWAII : '_- : STATE OF HAWAII r� o.� BILL NO. 33 ORDINANCE NO. 13 40 AN ORDINANCE AMENDING ORDINANCE NO. 07 160 WHICH AMENDED ORDINANCE NO. 97 56, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL— 5 ACRES (A-5a)TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10)AT KALAOA 4TH,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-028:082— 102 (FORMERLY 7-3-010:037). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 07 160 is amended as follows: "SECTION 2. 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 assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment for the proposed second increment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty(180) days from the effective date of this amendment. C. The subject property shall be subdivided in two increments. The first increment shall consist of a maximum of twenty-four(24) lots based upon the units of water available and committed to the applicant by the Department of Water Supply. Subdivision of 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 subject property shall be granted. D. Final Subdivision Approval of the proposed second increment within the subject property shall be secured from the Planning Director within five(5) years from the effective date of this amendment. E. Restrictive covenant in the deeds of all the proposed residential lots within the subject property shall prohibit the construction of an ohana dwelling or a second dwelling on each lot. A copy of the proposed covenant 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 provided to the Planning Department upon its receipt from the Bureau of Conveyances. F. In conjunction with Final Subdivision Approval for any portion of the subject property, Holoholo Street shall be extended through the subject property to connect with Nana Street and constructed to dedicable standards with paved swales, meeting with the approval of the Department of Public Works. This roadway connection from the dedicated portion of Holoholo Street to Nana Street shall be dedicated to the County of Hawaii upon completion. -2- G. Access to all lots within the proposed subdivision shall meet with the approval of the Depaitment of Public Works. Improvements within the proposed subdivision shall include underground utilities. H. Drainage improvements, if required, shall be constructed meeting with the approval of the Depai tnient of Public Works in conjunction with Final Subdivision Approval. Should any 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- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. J. 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 shall contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become 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 and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed residential lots in each such increment. The fair share contribution may be in a form of cash, land, facilities, or any combination thereof acceptable to the director in consultation with the affected agencies. The fair share contribution -3- shall have a maximum combined value of($4-03-368,5-7] $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: 1. ($4,999.91] $6,159.19 per single-family residential unit to the County to support park and recreational improvements and facilities; 2. [$241.20] $297.12 per single-family residential unit to the County to support police facilities; 3. [$439] $586.85 per single-family residential unit to the County to support fire facilities; 4. [$2083-7] $256.93 per single-family residential unit to the County to support solid waste facilities; 5. [$43442750] $5,472.55 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 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 of the director. The cost of providing and constructing the segment of roadway which establishes a roadway connection -4- between Holoholo and Nana Streets (exclusive of interior subdivision roads), as set forth in Condition F, shall be credited against the sum specified in Condition J(5) for road and traffic improvements. For purposes of administering Condition J, 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 approval of the director, upon consultation with the appropriate agencies. K. 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 Hawai'i County Code, Chapter 11, as it relates to affordable housing. Compliance with Chapter 11 shall be approved by the Administrator of the Office of Housing and Community Development for the entire project prior to receipt of Final Subdivision Approval for the proposed second increment. L. 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. M. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements; N. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -5- O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to it original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material 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. INTRODUCED BY: -- G ..„...,--- -----1 OS r COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: March 28, 2013 Date of 1st Reading: March 28, 2013 Date of 2nd Reading: April 9, 2013 Effective Date: May 1, 2013 REFERENCE Comm., 103 -6- , INI 111111111M Nil Mill — 1-f- iliti III . i nu .. ..... a A-5a III ...„4.7 if in fir : 6, 1103 Li 0 MOB _,1 mow - t4,i69i33W SOW"' r r ØIsA.toalm EMI Ir lie rr ari si gr3X1 I rat In 6 dpa lire . , mw., i 11111111 II gib''JJ al ��114111. um II A(i1�CULTURAI.S-ACitE � TOOSING E FAML F DEIT :isiiEa1. r, ihJ 10.2830 ACRES NIL 450 225 0 450 900 1 350 1800 eet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 5-ACRE (A 5a) TO SINGLE FAMILY RESIDENTIAL 10,000-SQUARE FEET(RS-10) AT KALAOA 4th, NORTH KONA , HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-3-28:062-102(formally 7-3-010:037) Date:May 23,2007 EXHIBIT"A" (8810 Valaaa,LLC:1234) C-tp33 FOR REFERENCE ONLY ' >_ f0 COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII County of Hawai`i Hilo, Hawai`i 1013 NAY - 1 m it 52 Introduced By: Zendo Kern (B/R) ROLL CALL VOTE Date Introduced: March 28, 2013 AYES NOES ABS EX First Reading: March 28, 2013 Eoff X Published: April 6, 2013 Ford X Ilagan X REMARKS: Kanuha X Kern X Onishi X Poindexter X Wille X Yoshimoto X Second Reading: April 9, 2013 9 0 0 0 To Mayor: April 17, 2013 Returned: May 1, 2013 ROLL CALL VOTE 1 Effective: May 1, 2013 AYES NOES ABS EX Published: May 11, 2013 Eoff X Ford X REMARKS: Ilagan X Kanuha X Kern X Onishi X Poindexter X Wille X Yoshimoto X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM 4ND LELITY: -, COUNCIL CHAIRPERSON DEPUTY CORPORATION,COUNSEL COUNTY OF pIAWI�,I'1 // // UNTY CLERK Date : 1 4. / 2 Bill No.: 33 ist Reference: C-103/PC-31 (—Th pproved/Dis 'sprayed this day �� Ord No.: , 20 1 AP MAYOR, COUNTY OF HA "