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Home My WebLink AboutBIL 311 Draft 03 1996-1998 A OFFICE INFORMATION ONLY Meeting: Hawaii County Council - November 2 , 2000 Action: File Closed- main motion was to close file; no motion to approve or second first reading vote taken. Re: Bill 311/C-1013/PC-165 (1996-1998) pP COUNTY OF HAWAT I STATE ORDINANCE NO. ;01:1VI \�:IM BILL NO. 311 (Draft 3) AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE S. CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Ia) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-7-17:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-22, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Olaa, Puna, Hawaii, shall be Single Family Residential (RS -10): Beginning at the northwest comer of this parcel of land, being the east comer of Lot 1 I -A (portion of Grant 3978 to L. Turner) and on the south side of South Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA" being 271.71 feet South and 814.58 feet West, thence running by azimuths measured clockwise from True South: 1. 2740 45' 626.58 2. 40 45' 130.65 feet along South Road; feet along the remainder of a Portion of Lot 10; 3. Thence along the remainder of a portion of Lot 10, along a curve to the right with a radius of 525.00 feet, the chord azimuth and distance being: 140 02' 30" 169.53 feet; 4. 230 20' 272.26 5. 1130 20' 673.09 feet along the remainder of a Portion of Lot 10; feet along same; 6. 2040 56' 04" 363.87 feet along Lot 11-A (portion of Grant 3978 to L. Turner) to the point of beginning and containing an area of 7.084 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone ordinance. C. 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, Hawaii County Code, relating to Affordable Housing. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. Prior to securing Final Subdivision Approval, the applicant shall work with and coordinate completion of applicable roadway improvements to the Hdwaii Belt/South Road intersection, to South Road and interior subdivision access roads, with Kapoho Properties (Kurtistown Heights Subdivision), TMK: 1-17-7:3, Change of Zone Ordinance No. 92-123, as amended by Ordinance No. 97-65, more specifically, Conditions C, D and E. -2- F. Drainage improvements, if required, shall be provided in a manner meeting with the approval of the Department of Public Works, prior to securing Final Subdivision Approval of the proposed development; G. Restrictive covenants in the deeds of all the proposed lots 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 Department for review and approval prior to final Subdivision approval. A copy of a typically recorded covenant shall be filed with the Planning Department within one year from the date of final subdivision approval; H. 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 fmds that sufficient mitigative measures have been taken. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of subdivision plans. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property; including the Departments of Transportation, Health, Public Works and Water. K. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the -3- applicant shall submit a final status report, in writing, to the Planning Director. L. The applicant shall [[take its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. 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 hereinbelow 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 and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fav share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to [forty (40)] twenty (201 residential units, the indicated total of fair share contribution is [$289,566.40] S144.783.20 for single-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition L. The fair share contribution shall be allocated as follows: 1. $3,490.85 per single-family residential unit for an indicated total of [$139,634.001$69.817 to the County to support park and recreational improvements facilities; 2. $168.40 per single-family residential unit for an indicated total of [$6,736.00] $3.368.00 to the County to support police facilities; 3. $332.61 per single-family residential unit for an indicated total of -4- [$13,304.401 $6,652.2([ to the County to support fire facilities; $145.62 per single-family residential unit for an indicated total of [$5,824.801 $2.912.40 to the County to support solid waste facilities; and $3,101.68 per single-family residential unit for an indicated total of [$124,067.201 $62.033.60 to the State or 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 improvements required in Condition E shall be credited against the sum specified in Condition L (5) for road and traffic improvements. For purposes of administering Condition L, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for is -5- information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements M. Should the Council adopt a Unified Impact Fee 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 Fee Ordinance. N. An initial 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 not 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 change of zone. 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). M O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. 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: Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: kf.FEkENCE Comm t nt a p2 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 7- 0 .V. lIBIHXF. , . 1-1 966L 'LL PL39W31d3S C to UO!YOd :LL–L–L c AM IIVMVH 3o LLNnoo 1N3WlHVd3O 9NINNVId : A9 O38Vd3ad 'IIVMVH 'VNnd Amo 1V (OL—Sb) lVI1NNIS38 kIIMV3 315NIS Ol (DL—V) 1"rulf171N9V MOM NOI1VOUISSV17 101SIS1O 3H1 9NI9NVH7 18 3007 ALNnoo IIVMVH 3Hl JO (3007 ONINOZ) SZ 831dVHO `S 31011HY (dVYI 3NOZ 131HIS10 VNOd) ZZ—S—SZ NOU33S ONION311V 3400 ONINOZ 3H1 Ol 1N3WaN3Wd •o,. r ol o r os �+ o,• a dQ nowN 1 0, n a aZ + I�p ONb7jO or os i+l Q 1 L -Or •/-✓ O.r -1- uCO3 •or -r \ \\ / •or -r I Hilo 41 Os' + •Or -Y .�-y U4 W J O at a 06 � 9.VV1O. •ar•✓ 0 M SGAIL9 .os•r Od •/-r •as -r N IL'ILZ S3H3V V9O'L :V3aV (OL—Sb) 1VI1N3(3IS3N os -r+ 06 AIIWVJ 319NIS Ol Od (oL—V) 1yan- inow°JV .,.✓ 6 •ar - r .I, •or -r \ \\ / •or -r I ♦ r i OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii (DRAFT 3) ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd (B/R) AYES NOES ABS EX Date Introduced: November 18, 1998 Arakaki X First Reading: N/A Chung X Published: N/A _ Leithead-Todd ! X ^ Ray X REMARKS: Reynolds X 11/18/98 - Held over due to tie vote. Santangelo X 11/02/2000 - Filed; main motion was to close Smith X file; no motion to approve or second 1st Tyler x reading vote taken. Yagong x 4 4 1 0 First ROLL CALL VOTE sumaReading: To Mayor: AYES NOES ABS EX Returned: Arakaki Effective: Chung Published: Leithead-Todd Ray REMARKS: Reynolds Santangelo Smith Tyler Yagong I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved this day COUNCIL CHAIRMAN of , 19 COUNTY CLERK MAYOR, COUNTY OF HAWAII Bill No.: 311 (Draft 3) Reference: C-1013.01/PC-165 Ord.No.: