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Home My WebLink AboutORD 2016-086 2014-2016COUNTY OF HAWAII STATE OF HAWAII ORDINANCE NO. 216 AN ORDINANCE AMENDING ORDINANCE NO. 04 56, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL FIVE ACRES (A -5a) TO SINGLE FAMILY RESIDENTIAL — 7,500 SQUARE FEET (RS -7.5) AT PUAPUAA 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-020:071 AND 072, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 04 56 is amended as follows: "SECTION 1. Section 25-8-33, 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, Hawaii 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, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. Final subdivision approval shall be secured within five (5) years from the effective date of this amended ordinance. C. 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. D. Prior to receipt of Final Subdivision Approval or Final Plan Approval, the applicant shall revise the Traffic Assessment dated March 28, 2016 as recommended by the Department of Public Works. Should the revised study determine that the level -of -service (LOS) of any movements at study intersections currently operate worse than LOS "D" or are projected to operate worse that LOS "D" during the five year period of the revised study, occupancy of the residential units/ lots within the development shall be delayed until mitigation, as defined and required by Section 25-2-46 of the Zoning Code, is satisfied. [E]E. Only one access from [AIR] Alii Drive shall be allowed for the proposed subdivision meeting with the approval of the Department of Public Works. The subdivision roadway from [Alii] All `1 Drive shall provide a minimum of 45 feet of storage and turnaround on the [Alii] AU Drive side of any gated vehicle access. The roadway connection with [A4ii] AIN Drive shall conform to Chapter 22, CqjM Streets [and Sidewalks], of the [14a-wai] Hawaii County Code. [l3:]F. A 5 -foot wide no vehicular access planting screen easement shall be delineated along all lots fronting [Al -it] Alli Drive. Vehicular access to the individual lots shall not be permitted from [AIit] All `1 Drive. [£L]G. A 10 -foot future road widening strip along the length of [Alii] Alii Drive shall be dedicated to the County prior to receipt of final subdivision approval. -2- A paved shoulder extending to the property line along the [Ahi] Alii Drive frontage of the property shall be provided meeting with the approval of the Department of Public Warks. The paved shoulder improvements may include pavement transitions, signs, markings, drainage improvements, and relocation of utilities. Utility meter and pressure reducing valve vaults shall also be located outside of the right-of-way in accordance with the requirements of the Department of Public Works. The existing two-way left turn lane on [Ahi] Alii Drive fronting the adjacent property to the north shall be extended to serve the roadway entry of the subject property in accordance with the requirements of the Department of Public Warks. The necessary improvements for the extension of the two-way left turn lane, which shall consist of, but not be limited to, pavement widening, drainage improvements, streetlights, signs and markings, and relocation of utilities shall be provided in accordance with the requirements of the Department of Public Works. These improvements shall be constructed and dedicated at no cost to the County. []J. Any additional right-of-way necessary for the Kahului to Keauhou Parkway (aka [AIii] Ali `i Highway) shall be as determined by the Department of Public Works within four months of the effective date of this ordinance or action on any Planned Unit Development (PUD) permit for the subject project, whichever is sooner, and shall be dedicated at no cost to the County in conjunction with the subdivision of the subject property and/or be dedicated upon re4uest by the Department of Public" Works. A vehicular egress from the project onto the Parkway shall be allowed, unless deemed inappropriate by the Department of Public Works. Said egress shall also be made available to the general public in times of emergency. [k]K. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. -3- []L. A drainage study shall be prepared for review and the recommended drainage system shall be constructed meeting with the approval of the Department of Public Works. The drainage improvements shall be constructed or bonded prior . to receipt of final subdivision approval. [K:]M. The proposed subdivision shall connect to the County sewer system. [L.]N. Comply with Chapter 11-55, Water Pollution Control, [Hawaii] Hawai`i Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. [M -.]O. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of [iii] Hawaii. [N:]P. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the [vwaii] Hawaii County Code. [&.]Q. The U.S. Department of Army Corps of Engineers shall be contacted to identify. whether a Federal Permit (including a Department of Army permit) is required for this project. The Planning Director shall be notified in writing as to whether such permit is required for the development of the project. [g]R 1 b > ea ; entefy survey shat be sub i#e to the State of Hawaii L J L [ A 1, Ma frem the DL -NR ] The applicant shall include all of the DLNR-HPD mitigation measures and conditions specified in the Preservation and Mitigation Plan, including the Burial Treatment Plan, into the plans for the project, which shall be conditions of subdivision approval. S. The archaeological features on the mauka end of the project site shall be preserved and made a part of the project's approximately one -half -acre landscaping/open space buffer from the Kahului to Keauhou Parkway ([Alii] All`1 Highway). The burial site (16116) consisting of two burial platforms shall be preserved "as is." A landscaped buffer shall be placed surrounding the burial site, and the burial site shall be incorporated into the project's landscaping/open space feature. Access to the burial site by descendants shall be allowed, consistent with the requirements of the Preservation and Mitigation Plan and Burial Treatment Plan approved by the State of [Hwwai-i] Hawaii Department of Land and Natural Resources -Historic Preservation Division (DLNR-HPD). [R -.]T. Should any undiscovered 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 mitigation measures have been taken. [8-.]U. The applicant, its successors or assigns, shall be responsible for ensuring that the proposed passive park site is preserved, maintained, and cared for in perpetuity. [T:]V. The applicant shall purchase and install an Emergency Outdoor Warning Siren, acceptable to the [Hawaii] Hawai`i County Civil Defense Agency, provided that the cost of these improvements shall be credited against the applicant's fair share -5- requirement for fire, police, and if needed, road and traffic improvements outlined in Condition V. [Aa O , Response ., D,shall be submitted te lll� Hawaii the Ha a i .] [U ]W. The applicant shall comply with the County of Hawaii Affordable Housing Policy pursuant to Chapter 11, Article 1, Hawaii County Code. [V -.]X. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and maybe increased or reduced proportionally if the lot/unit counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval/ final plan approval/ completion of a condominium property regime (whichever is applicable) for [of] any portion of the subject property [or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first]. The fair share contribution for each lot/unit shall be based on a maximum density for each lot/unit as determined by the zoning resulting from this change of zone. The fair share contribution in a forin 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 this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of [$9,472.121 $13,672.20 per single family residential lot/unit. Fair share contributions shall be allocated as follows: 1. [$4;567:62] $6,608.08 per single family residential lot/unit [ for- iiidi .ate Iota e f $264,921.96 to the County to support park and recreational improvements and facilities; -6- 2. [4] $317.37 per single family residential lot/unit [for- an indie Tota of $ 2,"779.721 to the County to support police facilities; 3. 1$435411$626.84 per single family residential lot/unit [fer-� iRdieated teW of $255242.18 to the County to support fire facilities; 4. [$490-.-541 $274.44 per single family residential lot/unit [f Effi indie +eta of $ !,AK -4—.321 to the County to support solid waste facilities; 5. [$4-,0584.41 $5,845.47 per single family residential lot/unit [fef-a-a indie toa total of $235,376.181 to the State or County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police and solid waste disposal facilities subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the [moi] Hawaii County Council. [W -.]Y. 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 Fee Ordinance. [X -.]Z. Comply with all applicable laws, rules, regulations and requirements of other affected agencies, including the Department of Water Supply. [Y—.]AA. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of this change of zone ordinance. The report shall include, but not be limited to, the status of the development and compliance with the -7- conditions of approval. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. e i 'i"Iy gran4ed forp2r-femanee O.e., a condition to bepei .:Eme.d wi,y...� BB. Should the applicant require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and the Hawaii County Council for appropriate action. [AA -.]CC. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property 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. In 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. Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 911 July 19, 2016 July 19, 2016 August 3, 2016 August 18, 2016 INTRODUCED BY: ME F 7 � DIM 1:4►1■��:IgKto] 0110ccV967% OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Greggor' Ilagan (B/R) Date Introduced: July 19, 2016 First Reading: July 19, 2016 Published: July 30, 2 016 REMARKS. - Second Reading: August 3, 2016 To Mayor: August 11, 2016 Returned: August 18, 2016 Effective: August 18, 2016 Published: September 3, 2016 REMARKS: ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. -`- COUNCIL CHAIRPERSON Af pproved/Di approved this day �f' 1 of - G�''IG�,b✓ ` 20�. COUNT RK MAYOR, COUNTY OF HAWAII • 140. Reference: C-911/PC-70 i Ord No.: