HomeMy WebLinkAboutBIL 268 Draft 01 2012-2014 Mtr os qj'
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 268
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-28 (KA`U DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—ONE ACRE (A-1 a) TO VILLAGE COMMERCIAL—40,000 SQUARE
FEET (CV-40) AT KAHUKU, KA`U, HAWAII, COVERED BY TAX MAP KEY
9-2-093:039, 040, 041 & 042.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-28, Article 8, Chapter 25 (Zoning Code) of the 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 Kahuku, Ka`u, Hawai`i,
shall be Village Commercial—40,000 square feet(CV-40):
Beginning at the Easternmost corner of this parcel of land, being also the
Northernmost corner of Lot 10 of Block 157 of Hawaiian Ocean View Estates (File
Plan 787) and being a point on the Southwesterly side of Lehua Lane, the coordinates of
said point of beginning referred to Government Survey Triangulation Station"PUU 0
KAMAOA"being 1,976.65 feet North and 4,186.36 feet West and running by azimuths
measured clockwise from True South:
1. 19° 35' 374.80 feet along Lot 10 of Block 157 of Hawaiian
Ocean View Estates (File Plan 787) and
along the remainder of Grant 2791 to C. C.
Harris to a point;
2. 109° 34' 52" 325.00 feet along the Northeasterly side of Hawai`i
Belt Road to a point;
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3. 199° 35' 606.84 feet along Lot 5 of Block 157 of Hawaiian
Ocean View Estates (File Plan 787) feet to a
point;
4. 251° 01' 30" 89.52 feet along the Southeasterly side of Keaka
Parkway to a point;
Thence, following along the Southwesterly intersection of Keaka Parkway and
Lehua Lane on a curve to the right with a
radius of 20.00 feet, the chord azimuth and
distance being:
5. 296° 01' 30" 28.28 feet to a point;
6. 341° 01' 30" 364.02 feet along the Southwesterly side of Lehua
Lane to the point of beginning and
containing an area of 4.143 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) 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 successors or assigns, shall be responsible for complying
with all of the stated conditions of approval.
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B. Tax Map Keys 9-2-93: 39, 40, 41 and 42 shall be consolidated within one
(1) year from the effective date of this ordinance.
C. Prior to the issuance of a Certificate of Occupancy for any commercial use
on the subject project site, the applicant shall construct and maintain an
onsite water storage and delivery system that will provide adequate water
service to all uses established upon the subject project site, meeting with
the requirements of the Department of Health and the Fire Department for
sanitation and firefighting purposes, respectively.
D. Construction of the proposed development shall be completed within five
(5) years from the effective date this ordinance. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval for the
proposed development from the Planning Director in accordance with
Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans
shall identify all existing and/or proposed structures, paved driveway
access and paved parking stalls associated with the proposed development.
Landscaping shall also be indicated on the plans for the purpose of
mitigating any adverse noise or visual impacts to adjacent properties in
accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements) standards for CV zones adjoining a RS zone.
E. Single-family, double-family and multiple-family residential uses,
boarding facilities, rooming or lodging houses, hotels, lodges and other
types of visitor accommodations shall be directly serviced by a potable
water system meeting with the requirements of the Department of Water
Supply.
F. Direct access to and from the Hawai`i Belt Highway shall be prohibited.
Access to the subject project site shall be restricted to Lehua Lane, which
shall be improved with a minimum non-dedicable pavement width of 24
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feet along its entire length from its intersection with the Hawai`i Belt
Highway to and including its intersection with Keaka Parkway.
G. The applicant shall construct all recommended improvements to the
Hawai`i Belt Highway at its intersection with Lehua Lane as may be
required by the State Department of Transportation prior to the issuance of
a Certificate of Occupancy for any portion of the proposed development.
H. Any increase in road maintenance fees to accommodate uses generated by
the proposed development that is assessed by the HOVE Community
Association or the HOVE Road Maintenance Corporation shall be the
responsibility of the applicant, its successors or assigns.
All development-generated runoff shall be disposed of on-site and shall
not be directed toward any adjacent properties. A drainage study shall be
prepared by a licensed civil engineer and submitted to the Department of
Public Works prior to issuance of a construction permit. Any
recommended drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works prior to
receipt of a Certificate of Occupancy.
J. All earthwork activity shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code.
K. Wastewater disposal shall meet the specifications and requirements of the
Department of Health.
L. 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-Historic Preservation Division(DLNR-HPD) shall be
immediately notified. Subsequent work shall proceed upon an
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archaeological clearance from the DLNR-HPD when it finds that sufficient
mitigative measures have been taken.
M. 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 plan approval for any new residential structures.
N. If the applicant, its successors, or assigns develops a water system meeting
the requirements of the Department of Water Supply sufficient to support
the development of residential units on the subject project site, the
applicant shall make its fair share contribution to mitigate the potential
regional impacts of the properties with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share
contribution shall become due and payable prior to receipt of Final Plan
Approval. The fair share contribution for each lot shall be based on the
actual number of residential units developed. 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 have a maximum
combined value of$8,542.61 per multiple family residential unit
($13,312.70 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
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contribution per multiple family residential unit (single family residential
units) shall be allocated as follows:
1. $4,213.83 per multiple family residential unit ($6,419.62 per single
family residential unit) to the County to support park and
recreational improvements and facilities;
2. $133.18 per multiple family residential unit ($309.68 per single
family residential unit) to the County to support police facilities;
3. $409.67 per multiple family residential unit ($611.66 per single
family residential unit) to the County to support fire facilities;
4. $182.59 per multiple family residential unit ($267.79 per single
family residential unit) to the County to support solid waste
facilities; and
5. $3,603.34 per multiple family residential unit ($5,703.94 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.
O. 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.
P. The applicant shall comply with all applicable County, State and Federal
laws, rules, regulations and requirements.
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Q. An annual progress report shall be submitted to the Planning Director prior
to the anniversary date of enactment of the ordinance. The report shall
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
shall remain in effect until all of the conditions of approval have been
complied with and the Planning Director acknowledges that further reports
are not required.
R. An initial extension of time for the performance of conditions within the
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(s), its
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. If the applicant(s) should require an additional extension of time,
the Planning Director shall submit the applicant's request to the
Planning Commission and County Council for appropriate action.
S. Should any of the conditions not be met or substantially complied with in
a timely fashion, the Planning Director may initiate rezoning of the subject
area to its original or more appropriate designation.
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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:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 939
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KEP(PPK\i\ /
/
/ , LOGE (A-1a)
TO 40,000 SQFT(CV-40)
4.143 ACRES TOTAL
/ /
/ /
/ /
/ / /
/ / /
/ / /
/ / /
Lot 6 /Lot 7 / Lot 8 / Lot 9 1,976.65'N
/ / 1 4,186.36'W
/ / / WV KAMA'OA"
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MgMg l
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1704 yon,
N
A V
ALL PARCELS MAKAI OF MAMALAHOA HWY ARE DISTRICT ZONE A-3a
/ /
Feet
0 125 250 500 750 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-28 (KA'U DISTRICT ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - 1 ACRE (A-1a) TO
VILLAGE COMMERCIAL - 40,000 SQFT (CV-40),
AT KAHUKU, KA'U, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMKS:(3)9-2-093:039,040,041 &042 DATE:May 28,2014
EXHIBIT "A" Dr William C.Foulk
Mao 1330