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HomeMy WebLinkAboutBIL 044 Draft 02 2000-2002OFTICE OP THE COUNTY CLERK County of Hawaii xona , Hawaii (DRAFT 2) Innaduced By: Bobby Jean Leithead-Todd Datelntroduced: August 6, 2003 PirstReadinfl: December 19, 2007 Published: N/A REMARKS: 12/19/07 - Close file 8/6/03 - referred back to Planning Committee (reference PC-46) Second Reading To Mavor: Returned: _ Effective: _ Published: RF,M.ARKS: ROLL CALL VOTE AYES NOES ABS EX Ford X I Iiga X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 0 8 1 0 ROLL CALL VOTE AYES NOES ABS EX Ford I-I iga Hoffmann Ikeda Jacobson Naeole Pilago Yagong Yoshimoto 1 DO HEREBY CERTIFY than [he fovegoing BILL was adopted by the County Council puhlished ns indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK .dpproved/Disapproved ~~r ~~ - day Bill No.: Reference: Ord No.: 44, Draft 2 (2000-2002) C-292.2 (2002-2004)/PC-58 d4AYOR, COUNTY OFHAWAI7 ~IL,I~ 10T0. ~~ (I3raft 2) OI~DIl~TA.I~tC~ 1lTO. AN ORDINANCE, AMENDING SECTION 25-8-33 (CITY OF I-IILO 70NF MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF TIFF, IIAWAll COi1NTY CODE. ~Y C'IIANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMLLY ,AGRICULTURAI. (FA-1 a) AT KAUMANA, SOUTH HII_,O, IIA WAII, COVERED BY TAX MAP KEYS 2-5-4~:1 AND 2-5-45:PORTION 1. E3E IT ORDAINED BY T'HI~: COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33. Article 8, Chapter 25 (honing Code) of the I-Iawaii County Code, is amended to change the district classification of property described hereinafter as tollows: The district classification of the following area situated at Kaumana, South Hilo, Hawaii, shall be FanSily Agricultural (FA-la): PARCEL A Beginning at an ahu (tound) at the northwest corner of this parcel of land, the coordinates of said point of bcginn.ing referred to Govenunent Survey Triangulation Station "KAUMANA" bcing 1,301.47 feet south and 6,016.55 feet S~4'est and thence running by azimuths measured clockwise from true South: 1. 258° 27' 791.67 feet along Government Land: 2. 341 ° 00' 900.00 feet: 3. 268° 00' 795.69 feet; 4. 70° 33' 415.12 feet along Lot A, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. I-luau; 5. 40° 57' 340.00 feet along Lots A and B, being portions of R.P. 5706, L.C.Adx~. 8521-B, Ap.2 to G.D. Elueu; 6. 53° 40' 227.00 feet along Lot B, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. 1-luau; 7. 83° 39' 165.00 feet along Lot B, beins= a portion of R.P. 5706, L.C.Aw. 8521-i3, Ap.2 to G.D. Ilueu; 8. 64° 32' 535.00 feet along Lot C, beinU a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. I iueu; 9. 82° 27' 244.00 feet along Lots C and I"), being portions of R.P. 5706, L.C.A~~r. 8521-B, Ap. 2 to G.D. 1Iueu; 10. 85° 39' 178.35 feet along Lot D, being a portion of R.P. 5706, L.C.Aw. 8521-1~, Ap.2 to G.D. 1lueu; 1 1. 180° 00' 1488.08 feet along Grant 4051 to T. Mutch to the point of beginning and containing an area of 36.913 Acres, more or less (refer to Parcel "A" as shown on Exhibit "A"). PARCEL B Beginning ~~~ an ahu (found) at the northeast corner of this parcel of land, the coordinates of said j oint of beginning referred to Government Survey Triangulation Station "I~AUM ~>NA" 'fn^ing 1,301.47 feet South and 6,0] 6.55 feet ~~est and thence r,.~nning by azimutij~: mea.suAed clock~,vise from true South: 1. 360° 00' 1466.85 feet along Grant 4074 to I LC. I-Iitchcock; 2. 94° 21' 97.08 feet along Lot 13, being a poY-tion of R.P. 5706, L.C.Au~. 8521-Ls, Ap.2 to G.D. llueu; 3. 87° 11' 404.32 feet along Lot 13, being a portion of k.P. 5706, L.C.Aw. 8521-I3, Ap.2 to G.D. I-lueu; 4. 65° 31' 242.19 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. l~ueu; 5. 52° 30' 408.32 feet along Lot 13, being a portion of R.P. -~- 5706, L.C.Aw. 8521-13, Ap.2 to G.D. l lueu; 6. 72° 44' 231.18 7. 76° 13' 182.14 8. 180° 00' 1 ~ 54.2 l 9. 255° O1' 1493.41 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-8, Ap.2 to G.D. llueu; feet along Lot 13. being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; feet along Grant 4075 to Chas. Auld; feet along Government [ .and to the point of beginning and contai.nin.g an area of 48.123 Acres, more or less (refer to Parcel "B" as shown on Exhibit "A"). PARCEL C Beginning at a.n ahu (found) at the northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA,," being 1,687.57 feet south and 7,459.19 feet ~J~'est and thence running by azimuths measured clockwise from true South: 1. 360° 00' 1554.21 feet along Grant 4051 to T. Mutch; 2. 76° 13' 123.70 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. 1 lueu; 3. 51° 44' 302.82 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-8, Ap.2 to G.D. 1~iueu; 4. 28° 08' 295.89 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 5. 74° 02' 324.71 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 6. 180° 50' 30" 1656.01 feet along remainder of Grant 4075 to Chas. Auld and Lots 4 and 12, being portions of Grant 4075 to Chas. Auld: 7. 239° 20' 912.95 feet along Government Land to the point of beginning and containing an area of 29.538 Acres, more or less (refer to Parcel "C" as shown on Exhibit "A"). -3- 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, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access from Kaumana Drive and Hapuu Koad shall meet with the approval of the Department of Public Works. E. The applicant shall install street lights, signs and markings meeting with the approval of the Department of Public Works, Traffic Division. F. The applicant shall contribute to the development, funding, and/or construction of school facilities. on a fair-share basis, as determined by and to the satisfaction of the Department of Education (DOE). Terms of the contribution shall be agreed upon by the applicant and the DOE prior to applicant filing for subdivision approval. G. A flood study shall be: prepared, and if the flood study reveals flood limits different from that of the FIRM, the applicant shall obtain a FEMA Conditional -4- Letter of Map Revision (CLOMR) and a FEMA Letter of Map Revision (CONK) prior to Final Subdivision Approval, meeting with the approval of the Department of Public Works. 1-I. A drainage study shall be prepared and submitted for approval to the Department of Public Works prior to Final Subdivision Approval. The drainage system shall be constructed in conjunction with Final Subdivision Approval, meeting with the approval of the Department of Public Works. I. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Final Plan Approval to the Planning Director. A wastewater system for the proposed development shall he constructed, meeting with the approval of the Department of Flealth. K. 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 - Ilistoric Preservation Division (DLNR-1~PD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-l1PD when it finds that sufficient mitigation measures have been taken. L. Restrictive covenants in the deeds of all the proposed lots ~=~ithin the subject property shall prohibit the construction of a second dwelling unit and condominium; property regimes 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(s) shall be recited in an instrument executed by the applicant and the County and recorded with the -5- 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. M. The applicant shall make 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 units/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 he 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 fair 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 $9,72.11 per single-family residential unit/lot. Based upon the applicant's representation of intent to develop up to ono hundred fourteen (114) residential units/lots, the indicated total of fair share contribution is $1,079,>32.~4 for single-family residential units. However, the total amount shall be increased or r:;duced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition M. The fair share contribution shall be allocated as follows: 1. $4,567.62 per single-family residential unit for an indicated total of $520,70~.6>$ to the County to support park and recreational improvements and facilities; 2. $220.34 per single-family residential unit for an indicated total of -6- $25,118.76 to the County to support police facilities; $435.20 per single-farnily residential 2xnit for an indicated total of $~,171.~8 to the County to support fire facilities; ~-. $1.54 per singld-family residential unit for .an in:~icated total of $21,721,~~ to the County to support solid 4m~aste facilities; and $4,G58.41 per single-family residential unit for an indicated total of $~,€~~8,74 to the State or County to support road and ~raff~c in~mrovements. The. fair share contributions described above shall be adjusted annually beginnin`,, tl;rce years after the effective date of the change of zone, based on the percentage change in the I-Ionolulu Consumer Price Index (;ICPI). In lieu of paying the fair share contribution, the applicant may const~~~act and contribute improveme~~ts/f~:c.ilitics related to parks and recreation, fire:, police, solid waste disposal facilities, and roads within the region impa~~ted by the propo ed developrnert, subject to the approval of the director. The cost of providing and comstruc~`.nR tl.e improvements required in Condition T') and E shall. be credited against tl~e suni specified in Condition M (5) for ro;d and traffic in~provcYnents. For purpovcs of adtninistering Condition M, the fair market value of land contributed or tl~e cost of any improvements required or r~~ade 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 lice contributions by the director, the director shall submit a final report to the Cou~ric.il for its information that identifi<<s thAc specific approved fair share and/or in lieu. contributions, as allocated., and fif_~ Sher implementation requirements. N. Upon compliance with applicable conditions of approval, prior to the establishmc:~t of any neu~ use or the opening of the proposLd development, the -7- applicant shall submit a final status report, in writing, to the P tanning Director. O. An annual progress repo~~t shall be submitted to the Planning Director prior to the anniversar-y ~s~te of ena~ttncnt of the ordinance. The report sh.a.ll include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition she`ll remain in ei~fcct until all of the conditions of approval have been complied with and the Planning Director acknowledges that fup-ther reports are not required. P. Comply avith all other applicable rules, regulations and requir,ments of the affected agent~ies for the development of the subject propci~ties, including the Department of Public Works, Department of Water Supply, 1)opartment of ;^Iealth, anr! 1'cparirncnt of Education. Q. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included heroin shall be crLditc4~I towards the requirements of the Unifscd Impact Fees Ordinance. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the follos~,~ing circumstances: The non-performance is the result of conditions that could not have been foreseen or arc beyond the control of the applicant, 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 Toiling Code. -8- 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. ~. The ti me extension granted shall be for a period not to exceed the period origii~~lly granted far performance (i.e., a condition to be perfort~~cd 4vithin one y~~a.r may be extended for up to one additional yea.; ). 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. S. Should any of the conditions not be met or substantially complied :with in a timely fashion, the Iirector nxay initiate rezoning of th;; subject propca~ty to its ot7ginal or more approp~~iate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the othcs parts of this ordinance. SECTION 4. This or~:Iina.nce shall take effect upon its approval. INTROI-)UCEI7 BY: /:'~ ~.;i i.. `C CIL MEMBER, COUN 1 Y OF IIP, :x'AIi Ililo, I{av~ai.i Date of Introduction: Date of 1st P~cading: Date of 2nd Reading: laffective Date: -9- A- l a A- l a A -zoa A - loa ~ _ TRUE ~~OPT~-~ " , A- 2 O a ~ ~ - ~i~L'-~b': ~ _ ~ ,BOO A - I a O S O A- I O a A- l a y O Q PARCEL C: A - I a ~~. 9ec~as 1,x67.57 S 7,459.19 ~ A z o a A -zoa "e<AUhlfiP:,", ~' n-lox -;~ ~~~ ~ ;, A-zoa ~ A-IOa 1,301.47 S ` A -zoa 5,016.55 A - IOa 4-I sA9,i3EY a~+a?~~~~~~.~.~~" ~eAW19) ~I " A- l a A- I n :~~ ~' ~ a~ RS~~ ~$~x I ~ / /{ ~ ~ \ A - 20a A- I O a A- l a ~+ ~ , \ ~ ..: ~`~ A-ZOa ~A-la ~_-._~_ . .` ` ` ~ \". ~''` A - Ioa `NIl~G~R ROAD y' ,,° 4 h A - 20a A - 20 ~.. - ~- >- '25 10 A - la RCN - 40 & ''s 3•'•..wa~ ~ ;?"{~#¢I=c I tfs ~JICBW r~. I~ .,, ~~s A- ~:1;~- ~ ~: I ~ #_-_ I j ~ ti,- :.rte ~ '~i~ . ps A ~~ ~I ~ t t'~iE"~~~ ~ X ~ f?z5 - i 5 , I^ I KM - 4 CN - 40• ~. i \ >. . `~ ~ / ~ ~ , . :. 7 / I I 1 ` -~ RS - 7.5 ~ O A - l a O RM 9 __ __l______ Q .- R S- i. 5 ~ o ~ k A- 2 O a o " A l a =~ f ,<+,'l.®L.EA ROAD < ,~ A 3 a ~ ~ ''°~ ~ _ A-ZOa YM 9-- RS-%.5 ,; RS-10 .~~KeS~R to School A-'Sa ~T ~~. ~~~~~ ~4€~TY C~3~FY ~`~ C~~i~~~~ Ti~F ~IST~~~T C~~~F~~ATs~~~ ~~' ~,~R~Q~~£~TU~A! (fa~~~~) Ta F~~Y A~o~~f~: .~. (FA~ 1€~) AT K~~~AEi~9 ~f~~3T~! ~€4~0, 4~~..~~~. P~~~~~~~~ ~Y 9~L,ANBdlia9~ ~~'~eA~Tl~lEPST C®U~~T'Y ~~ F~9Ai~e'l~4ll TMee~~Kp~: 2--5-44: 1 & 2---5-45: POR. 1 OCT. 11, 2000 ~d6 f"BF~ i et w Y~ ._... ..... (Ri^•.!A~~_, M. 70WIL~) -. 94 I#',: y; ,:;::::;I. ........................... ..