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Home My WebLink AboutBIL 164 Draft 01 2014-2016 �tvosk�,. COUNTY OF HAWAII : • *''-'- '":•`, STATE OF HAWAII BILL NO. 164 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 99 36, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-1a) AT KEALAKEHE HOMESTEADS, 1ST SERIES, KEALAKEHE,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-4-004:033. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 99 36 is amended as follows: "SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter 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 applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. [ Guidelines Policy" within ninety(90)days from the effective date of this ordinance.] The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. The applicants shall comply with all requirements of the Department of Water Supply including the construction of all necessary water improvements prior to final subdivision approval. C. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five(5) years from the effective date of[the Change of Zone] this ordinance. D. - -- . . .. . . .. . . - . . .. - _ • . . -- -- - _. .' - -- - - . - - - • - ' - Manual.] A common driveway access approach for all proposed lots to Mamalahoa Highway, including the provision of adequate site distances, shall meet with the approval of DPW. All accesses to and within the proposed subdivision shall comply with the requirements of the Subdivision Code and the approval of the Department of Public Works. E. To provide for future road widening improvements, [ ] a future road widening equal to half the difference between the existing right-of-way and the proposed [50] 60 foot right-of-way as required by the General Plan shall be delineated on subdivision plans. The future road widening shall be dedicated to -2- F. Restrictive covenants in the deeds of all the proposed lots within the subject property 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 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 for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. A drainage study of the project site, if required, shall be prepared for review and approval by the Department of Public Works,prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to issuance of Final Subdivision Approval. H. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls 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 DLNRHPD when it finds that sufficient mitigative measures have been taken. [ . . . '_.. .. - ' .. . . •- _ - .. _ . . -3- residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to 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 total of fair share contribution is $ 14,478. 32 for single family residential units. forth in this Condition I. The fair share contribution shall be allocated as follows: 1. $3,490. 85 per single family residential unit for an indicated total of • •- -- -- and facilities; 2. $168.40 per single family residential unit for an indicated total of$336.80 3. $332. 61 per single family residential unit for an indicated total of$665.22 1. $115. 62 per single family residential unit for an indicated total of $291. 24 to the County to support solid waste facilities; and 5. $3,101.68 per single family residential u-' . - - $6,203.36 to the State or County to support road and traffic improvements- -4- 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 facilities related to parks and recreation, fire, police, solid waste disposal improvements required in Condition E shall be credited against the sum specified in Condition I(5) for road and traffic improvements. For purposes of administering Condition I, the fair market value of land contributed or the cost of 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 its information The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and transportation facilities. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each newly created lot shall be based on the actual number of residential units developed. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$13,506.70 per single family residential unit. The total amount shall be determined based on -5- the actual number of units or lots created 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. $6,513.17 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $314.20 per single family residential unit to the County to support police facilities; 3. $620.58 per single family residential unit to the County to support fire facilities; 4. $271.70 per single family residential unit to the County to support solid waste facilities; and 5. $5,787.06 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, 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. J. 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. -6- K. -- • D. - circumstances: 1. The non performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that arc 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. '1. 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).] 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. L. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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. -7- 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: C 6` CIL 1 MBER, C TY OF HAWAII Hilo, Hawai`i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 748 -8- \ \ \ A-20a , \ \--- A 20a �, • • A-20a 1101" A-la \\I',,\,:,,,, i •$ Ia 60Q' Y . 1a,Alae\ 0104 ,- 1 " \; 0,,,:, A 5a ,, 111P&It 4\ ', '..e. \\______ _____--1.‘i \ •: , A 5a Ala Wit. \' ' 1-1L1.111111.11111a , \ ' 13.427.91 N \ •\ \ 8.358.02 E -- -- 0 'KAILUA" i r. p�'� (NORTH MERIDIAN) ''i'- . \ ... p0 p� 1 A 5a " �,.� A sa lik \ '\ r.....- . \ AGRICULTURAL (A-5a) Ma FAMILY AGRICULTURALTO (FA-1a) AREA: 4.201 ACRES II . 1'2' 11,1 \ `\ \r......., -- . Ma e#IF A-5a A-5a �: A-la >.). A-lafruir 15-•I0 -liks .0 a 4- D IIW A-laOA ,, 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, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO FAMILY AGRICULTURAL (FA-1a) AT KEALAKEHE HOMESTEADS, 1ST SERIES, KEALAKEHE, NORTH KONA, HAWAII. PREPARED BY : PLANNING DEPARTMENT • COUNTY OF HAWAII SEPT. 30. 198 TMK : 7- 9 4-4:33 (K.n...en K. 1.9 ' EXHIBIT -A- KENNETH: LEONG TRUST FOR REFERENCE ONLY ' EXHIBIT A