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Home My WebLink AboutBIL 121 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. IzI ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-12 (KAWAIHAE-PUAKO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT (V-1.25) TO SINGLE-FAMILY RESIDF,NTIAL (RS-10) AT WAIMEA, LALAMILO, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-9-3:15. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-12, 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 Waimea, Lalamilo, South Kohala, Hawaii, shall be Single Family Residential (RS-10): Beginning at a 1 inch pipe (found) at the Southwesterly corner of this parcel of land, being also the Southeasterly corner of Lot 75 of Puako Beach Lots (H.T.S. Plat 414-B) and being a point on the Northerly side of Puako Beach Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUAKO" being 1,445.57 feet South and 3,261.15 feet West and running by azimuths measured clockwise from True South: 1. 164" 29' 201.89 feet along Lot 75 of Puako Beach Lots (H.T.S. Plat 414-B) and along Land Patent Grant 5-13,751 to Manuel Cardozo Rapozo, Jr. and Adelida Ramos Rapozo to a point; Thence, for the next six (6) courses following along the shoreline as certified by the State Department of Land and Natural Resources on July 26, 2002: 2. 246° 58' 18.87 feet to a point; 3. 322° 39' 20.03 feet to a point; -1- 4. 296° 26' 24.73 feet to a point; 5. 269° 18' 19.67 feet to a point; 6. 256° 26' 32.30 feet to a point; 7. 234° 31' 33.89 feet to a point; 8. 351 ° 40' 182.69 feet along Lot 77 of Puako Beach Lots (H.T.S. Plat 414-B) and along Land Patent Grant 5-13,670 to Arthur Charles William Ireton, Jr. to a point; Thence, following along the Northerly side of Puako Beach Road on a curve to the left with a radius of 838.51 feet, the chord azimuth and distance being: 9. 78° 04' 30" 105.06 feet to the point of beginning and containing an area of 20,660 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. [n accordance with Section 25-2-44, Hawaii County Code, 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. -2- B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. Comply with all requirements of the Department of Water Supply regarding potable water. C. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Should the minimum building site average width for the proposed subdivision not be met, the applicant shall file a variance application with the Planning Department. E. Driveway connections to Puako Beach Road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. Improvements to that portion of Puako Beach Road fronting the subject property shall be completed prior to the issuance of Final Subdivision Approval. The improvements shall include a paved shoulder along the entire parcel frontage, if required by the Department of Public Works. Provide pavement transitions, signs and markings, drainage improvements and relocation of utilities if required, meeting with the approval of the Department of Public Works, Traffic Division. Any encroachments or obstructions within the County right-of--way shall be removed. Any vehicular driveway security gate shall be set back a minimum of 20 feet from the edge of the pavement. G. 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 - -3- State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. H. 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 fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution shall become due and payable incrementally as the subdivision is built out. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). fn 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 approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions. -4- I. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. 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. K. An initial extension of time for the performance of conditions within the ordinance maybe 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 applicant, 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). -5- 5. 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 3. 1n 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: - /r COIfNCIL MEMBER, COUNTY OF HAWAI`1 Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -6- N W E S RESORT-HOTEL (V•1.25) TO SINGLE•FAMILY RESIDENTIAL RS•10 AREA = 20,660 SQ. FT. oPi"N v-i.25 1,445.575 ~ v-i.75 3261.i5W ,OPEN ~ OPE "PUAKO°,~. v-i 25 v-i zs 1O oPeN V- 125 OPEN ~ ~ o ~ Puako Beach Drive v-i.zs v i.zs rzs- i o rzs- i o A-5 a RS-10 OPEN ir0 lea n-sa ~o o'D Q -io n-s~ -io aaa zso 0 500 ~ o0o i,wa z,ooo Feel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-12 (KAWAIHAE-PUAKO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL (V-1.25) TO SINGLE-FAMILY RESIDENTIAL (RS-10) AT WAIMEA, LALAMILO, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 6-9-003:015 Date: May 6, 2003 EXHIBIT °A~' (Gregory R. Mooers:1098)