HomeMy WebLinkAboutORD 2012-032 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 166
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ORDINANCE NO. (Draft 2)
AN ORDINANCE AMENDING ORDINANCE NO. 95 98 WHICH AMENDED
SECTION 25 -8 -22 (formerly referred to as Section 25 -103) (PUNA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DIS 1RICT CLASSIFICATION FROM
AGRICULTURAL — 20 ACRES (A -20a) TO AGRICULTURAL — 1 ACRE (A -la) AT
KEA`AU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1- 6- 003:010.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 95 98 is amended as follows:
"SECTION 1. Section [25 103] 25 -8 -22, Article [3] 8, Chapter 25 (Zoning Code) of the
[Hawaii] Hawai`i County Code 1983 (2005 Edition), is amended to change the district
classification of property described hereinafter as follows:
The district classification of the following area situated at [Keaau] Kea'au, Puna,
[Hawaii] Hawai' i, shall be Agricultural — 1 acre (A -1 a):
Beginning at the east corner of this parcel of land and along the southerly side of
[Keaau - Pahoa] Kea'au — Pahoa Road, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "OLAA ", being 3,433.98 feet North and
8,374.26 feet East, thence running by azimuths measured clockwise from true South:
1. 52° 18'
2. 142° 18'
3. 232° 18'
2,096.03 feet along the remainder of R.P. 7223, L.C.
Aw. 8559 -B, Ap. 16 to William C. Lunalilo;
1,050.10 feet along Lot A- 18- A -2 -B, Land Court
Application 1053;
1,478.70 feet along Lot A- 18- A -2 -B, Land Court
Application 1053;
4. 320° 25'
5. 298° 30'
6. 228° 00'
7. 232° 00'
8. 321° 54'
345.00 feet along the remainder of R.P. 7223, L.C.
Aw. 8559 -B, Ap. 16 to William C. Lunalilo
(Lot 10 -A);
118.95 feet along the remainder of R.P. 7223, L.C.
Aw. 8559 -B, Ap. 16 to William C. Lunalilo
(Lot 10 -A);
154.17 feet along the remainder of R.P. 7223, L.C.
Aw. 8559 -B, Ap. 16 to William C. Lunalilo
(Lot 10 -A);
400.00 feet along the remainder of R.P. 7223, L.C.
Aw. 8559 -B, Ap. 16 to William C. Lunalilo
(Lot 10 -A);
610.13 feet along [Keaau - Pahoa] Kea`au — Pahoa
Road to the point of beginning and
containing an area of 44.341 Acres.
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:]
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
j) Fulfillment of the need for public service demands created by the
proposed use.
[A. The applicant, successor or assigns shall be responsible for complying with all of
the stated conditions of approval.
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B. Final Subdivision Approval of the subdivision development shall be secured
within five years from the effective date of this change of zone ordinance. As
represented by the applicant, the proposed subdivision shall not exceed a
maximum of 36 lots (includes the visitor center lot).
C. The applicant(s) shall make its fair share contribution to mitigate the potential
solid waste disposal facilities and roads. The fair share contribution shall be
total fair share contribution or its proportionate amount based upon incremental
•
based on a maximum density for each lot as determined by the zoning resulting
from this change of zone. 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 have a maximum combined value of
$253,370.60. The fair share contribution shall be as follows:
• $122,179.75 to the County to support park and recreational improvements
and facilities;
± $5,894.00 to the County to support police services and facilities;
▪ $11,641.35-to-the County to support fire services and facilities;
• $5,596.70 to the County to support solid waste facilities; and
• $108,558.80 to the State or County to support road and traffic
improvements,
The fair share contribution described above shall 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).
such facilities related to parks and recreation, fire, police, Solid waste disposal
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facilities and roads. The cost of constructing the improvements required in
and traffic improvements. For purposes of administering Condition C, the cost of
appropriate agencies. Any improvements constructed by the applicant to satisfy
this condition shall be located within the region impacted by the proposed
development,
D. Restrictive covenants in the deeds of all the subdivided lots shall:
1. Require that all uses established on thc lots be in conformance with the
requirements of Chapter 205, Hawaii Revised Statutes (State Land Use
Law) and Chapter 25, Hawaii County Code (Zoning Code);
2. Prohibit the construction of an ohana dwelling or a second dwelling unit
on each lot until the completion of the Kea'au Pahoa Bypass; and
3. Disclose to all lot owncrs within the subject property that thc 50 foot wide
roadways which extend to the southeast and southwcst boundaries of the
subject property shall be dedicated to the County upon the mayor's
request.
4. Provide that pursuant to Condition E of this ordinance, the applicant and
all lot owners shall consent to the dedication of such roadway lots and
agree to execute any documents and perform any acts necessary to
accomplish said dedication.
covenants shall be recited in an instrument executed by the applicants and the
The Planning Director shall promptly deliver such document to the Bureau of
Conveyances for recordation. A copy of the recorded document shall be filed
with the Planning Department upon its receipt from the Bureau of Conveyances.
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E. The applicant shall provide county dedicable standard 50 foot wide roadways
extending to the south st and southwest boundaries of the property meeting with
is Works and which shall be dedicated to
- - - -.. - -- .
the County upon the mayor's request.
F. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
mitigative measures have been taken.
r any special permit, whichever occurs first,
the applicant shall:
1. Install street lights and appropriate safety rails or features at the Kea'au
Pahoa Road intersection near the subject property meeting with the
ransportation Highways Division;
2. If deemed appropriate by the Department of Water Supply in consultation
with the Department of Public Works, relocate the existing public water
pipe stand shall to a location along and within the Kea'au Pahoa Road
right of way.
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
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 applicant, successors or assigns,
and that are not the result of its fault or negligence;
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; and
/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
J. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the ar a to its original or more
specific plans submitted with the application as they may be subject to change
given specific code and regulatory requirements of the affected agencies.]
A. The applicants, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The required water commitment .payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within one hundred and eighty (180) days from the effective date of this amended
ordinance.
D. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this amended ordinance. As represented by the applicant, the
subject property shall be subdivided to create no more than 35 lots. Restrictive
covenants in the deeds of all proposed lots shall give notice that the terms of the
zoning ordinance shall prohibit further subdivision of the subdivided lots. This
restriction may be removed by amendment of this ordinance by the County
Council.
E. Restrictive covenants in the deeds of all proposed lots shall give notice that the
terms of the zoning ordinance prohibit the construction of a second dwelling unit
and condominium property regimes on each lot. This restriction may be removed
by amendment of this ordinance by the County Council. The owner of the
property may also, in addition, impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s) to be recorded with the State
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
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Conveyances.
F. All new driveway connections shall conform to Chapter 22, County Streets, of the
Hawai`i County Code.
G. The applicant shall dedicate and provide County - dedicable standard 50 -foot
roadways extending to the northwest, southeast, and southwest boundaries of the
property, meeting with the approval of the Department of Public Works. The
applicant, its successors or assigns shall fully execute and submit to the County all
documents necessary for dedication of all constructed, and fully -built County -
dedicable roadways within 90 days of their completion in accordance with
construction plans as approved by the County.
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H. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
All development - generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works and any required drainage
improvements shall be constructed, meeting the approval of the Department of Public
Works prior to Final Subdivision Approval.
J. All earthwork activity, including grubbing and grading, shall conform to Chapter 10,
Erosion and Sedimentation Control of the Hawai`i County Code.
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 — State Historic
Preservation Division (DLNR -SHPD) shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from DLNR -SHPD when it
finds that sufficient mitigation measures have been taken.
L. The applicant(s) shall make their fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads for the additional lots to be created. The
fair share contribution shall become due and payable prior to receipt of Final
Subdivision Approval. The fair share contribution shall be based on the actual
number of additional lots created. 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 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
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have a combined value of $12,316.47 per single family residential unit. The total
amount shall be determined with the actual number of units according to the
calculation and payment provisions set forth in this condition.
The fair share contribution shall be allocated as follows:
• $5,939.22 per single family residential unit to the County to support park
and recreational improvements and facilities;
• $286.51 per single family residential unit to the County to support police
facilities;
• $565.89 per single family residential unit to the County to support fire
facilities;
• $247.75 per single family residential unit to the County to support solid
waste facilities; and
• $5,277.10 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.
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
N. 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, Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
O. The applicants, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
P. An extension of time for the performance of conditions within the amended
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 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. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
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.
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 , Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
COUNCIL MEMBER, COUNTY OF HAWAII
February 1, 2012
February 1, 2012
February 15, 2012
March 6, 2012
REr`ERENGEI Carom; 524.2
Bill 166 /Comm. 524
t ., FOR REFERENCE bNI
co
A -M.o.
0 AGRICULTUt4AL (Pi- .Oa)
To ASP? tCUL-i-uRAL (A -1a)
Al4EA 44 -a4-t AC1Qt =3
RMA■U
OUr4r.
AT =o.1
,AMENDMENT TO THE ZONING CODE
AMENDING3 SECTION '2S -IO3 (PUNA DISTRICT ZONE
fr1A1°) ARTICLE '3, CHAPTt_R (ZONING( CODE) OF
THE HAWAII CouNTY CODff BY CHANCING TKE
DISTRICT CLASSIFICATION PROM AGRICULTURAL
(A - '2042) To Aem1CUt_TuRAL (A -142) AT MMAAU,
PUNA, HAWAII.
PREI°ArT r, BY = 7LANNINcs IDEPARTh-1 ENT
CO u NTH' C F HA W A t t
T M K= l -G -03 )o 4,PR►► 4 ► 4S'
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawai`i
(Draft 2)
Brenda Ford
February 1, 2012
February 1, 2012
February 11, 2012
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
February 15, 2012
February 24, 2012
March 6, 2012
March 6, 2012
March 15, 2012
1=. I0: S$
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
X
Ikeda
X
Onishi
X
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
7
1
1
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FO AND LE ALITY:
D TY COR'ORA 10 OUNSEL
COUNTY OF HAWAII
Date FEB 2 9 2012
Approved/D
pproved this
, 20
MAYOR, COUNTY OF HAWAII
day
COUNCIL CHAIRPE
-OW
COUNTY CLERK
Bill No.:
Reference:
Ord No.:
166 (Draft 2)
C- 524.2/PC -37
12 32