HomeMy WebLinkAboutBIL 185 Draft 01 2024-2026 COUNTY OF HAWAII i• 6s.. A. STATE OF HAWAII
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BILL NO. 185
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU DISTRICT
ZONE MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I
COUNTY CODE (2016 EDITION,AS AMENDED),BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL—40 ACRES (A-40A) TO FAMILY
AGRICULTURAL—1 ACRE (FA-1A) AT PU`UKAPU,WAIMEA,HAWAI`I, COVERED
BY TAX MAP KEY NO. 6-4-018:030.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 25, Article 8, Section 25-8-11, of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended by changing the district classification of the land situated
at Pu'ukapu, Waimea,Hawai`i, as more particularly depicted on Exhibit A and described in
Exhibit B,both of which are attached hereto and made a part hereof, from Agricultural—40
acres (A-40a)to Family Agricultural— 1 acre (FA-1a).
SECTION 2. In accordance with Chapter 25, Article 2, Section 25-2-44, of the Hawai`i
County Code 1983 (2016 Edition, as amended),the County Council finds that 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 successors or assigns, (hereinafter the"Applicant") shall be responsible
for complying with all of the stated conditions of approval.
B. The Applicant shall construct necessary water system improvements as required by the
Department of Water Supply, which may include,but may not be limited to,the
installation of a fire hydrant spaced no more than 600 feet apart and within 300 feet of the
driveway or access to the lot.
C. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five years from the effective date of this ordinance. The time
during which required plans, reports, studies, or relevant permit applications are under
review for approvals by government agencies shall not count towards the deadline
established in the ordinance. To justify this tolling,the Applicant shall provide evidence
of the excluded time period to the planning department for its review and approval,which
shall consist of dates obtained from a government agency website,permitting program, or
office indicating when the required plans,reports, studies, or permit applications were
submitted, approved, denied, or returned by the government agency.
D. A ten-foot-wide future road widening setback along the property's White Road frontage
shall be delineated on plat maps submitted for the subdivision of the subject property.
Upon the request of the Department of Public Works,the Applicant shall subdivide the
land encumbered by the future road widening and shall dedicate it to the County at no
cost.All required building setbacks along White Road shall be measured from the future
road widening line and not from the existing property boundary.
E. All driveway connections to White Road shall conform to Chapter 22 of the Hawai`i
County Code.
F. All earthwork and grading activity shall conform to Chapter 10 of the Hawai`i County
Code.
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G. All development-generated runoff shall be disposed of onsite and shall not be directed
toward any adjacent properties.
H. The method of sewage disposal shall meet with the requirements of the State Department
of Health.
In the event that surface or subsurface historic resources, including human skeletal
remains, structural remains, such as rock walls,terraces, or platforms, cultural deposits,
marine shell concentrations, sand deposits, or sink holes are identified during the
demolition or construction work,the Applicant shall cease work in the immediate vicinity
of the find,protect the find from additional disturbance, and contact the Department of
Land and Natural Resources, State Historic Preservation Division(hereinafter"SHPD")
at(808) 933-7651. Subsequent work shall proceed upon archaeological clearance from
SHPD when it finds that sufficient mitigation measures have been taken.
J. The Applicant shall make their fair share contribution to mitigate the potential regional
impacts of the development with respect to parks and recreation, fire,police, solid waste
disposal facilities and roads for the additional residential units to be created. The fair
share contribution shall become due and payable prior to receipt of Final Plan Approval
or Final Subdivision approval for each phase and shall be based on the actual number of
additional residential units or lots created. The fair share contribution in the 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. The fair share contribution shall have a combined value of
$17,921.82 per single family residential unit or lot. The total amount shall be determined
with the actual number of residential units or lots according to the calculation and
payment provisions set forth in this condition. The fair share contribution shall be
allocated as follows:
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1. $8,642.22 per single family residential unit or lot to the County to support park
and recreational improvements and facilities;
2. $416.90 per single family residential unit or lot to the County to support police
facilities;
3. $823.43 per single family residential unit or lot to the County to support fire
facilities;
4. $360.51 per single family residential unit or lot to the County to support solid
waste facilities; and
5. $7,678.76 per single family residential unit or lot to the County to support road
and traffic improvements.
In lieu of paying the fair share contribution,the Applicant may contribute land or
construct improvements or facilities related to parks and recreation, fire,police, solid
waste disposal facilities, or 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,pursuant
to Section 2-162.1(a) of the Hawai`i County Code.
K. The Applicant shall comply with all applicable County, State and Federal codes, laws,
rules,regulations and requirements.
L. An initial extension of time for the performance of conditions within this ordinance may
be requested in accordance with Section 25-2-44(c) and (d) of the Hawai`i County Code.
M. If any conditions have not been completed by the deadline, or if a time extension request
has not been submitted in accordance with Section 25-2-44(c),the Planning Department
shall inform the Applicant that this ordinance is null and void without further action by
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the County. In that event,the zoning designation of the property affected by this
ordinance shall automatically revert to its immediate prior zoning designation.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid,the invalidity does not affect other provisions or
applications of this ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
kit
ATHER KI L
Council Member
BY REQUEST OF THE:
Planning Director
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1024
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EXHIBIT A
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A-40a
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ni :
0 0 0
_ 0 011
4,5255.16 �
.,....,..
1,487.35'E �4 A-3a \
' ' ' ' ' - A-4@a _ "� "EAST BASE"
INAW111-5a , _ , „ „ =_ • 1
� FP la
Ili AGRICULTURAL -
40 ACRES (A-40a)
TO
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� FAMILY AGRICULTURAL -
1 ACRE (FA-1 a)
REZONE AREA:
0 0
•0
'\t 2.397 ACRES
A-40a 0 0
A-5a
0 0.25 0.5
Mile
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-11 (LALAMILO-PU'UKAPU DISTRICT ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE ZONE MAP CLASSIFICATION FROM
AGRICULTURAL- 40 ACRES (A-40a) TO
FAMILY AGRICULTURAL - 1 ACRE (FA-la)
AT PU`UKAPU, WAIMEA, HAWAI'I
MAP PREPARED BY:
TMK:(3)6-4-018:030 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:March 25,2026
EXHIBIT"A" Hanale P.,Jacqueline U.and Gilbert H.Visser
#19988.1 LOT 12(REVISED)
EXHIBIT B
PROPOSED CHANGE OF ZONE FROM A-40a TO FA-1a
LOT 12 (REVISED) OF WAIMEA SUMMER LOTS
Land situated on the Westerly side of White Road at Puukapu, Waimea, South Kohala,
Island and County of Hawaii, State of Hawaii.
Being the whole of:
Lot 12 (Revised) of Waimea Summer Lots; and
Being portions of:
Grant 8270 to James S. Lemon; and
Lot 106 of Puukapu Homesteads (Second Series) (H.T.S. Plat 402).
Beginning at a 1-1/4 inch pipe (found) at the Northeasterly corner of this parcel of land
being also the Southeasterly corner of Lot 11 of Waimea Summer Lots and being a point on the
Westerly side of White Road, the coordinates of said point of beginning referred to Government
Survey Triangulation Station"EAST BASE"being 4,255.16 feet North and 1,487.35 feet East and
running by azimuths measured clockwise from True South:
1. 346° 10' 179.80 feet along the Westerly side of White Road to a
1-1/4 inch pipe (found);
2. 76° 09' 579.48 feet along Lot 13 of Waimea Summer Lots and
along the remainders of Grant 8270 to James
S.Lemon and Lot 106 of Puukapu Homesteads
(Second Series) (H.T.S. Plat 402) to a
1-1/4 inch pipe (found);
#19988.1 Page 1 of 2
WES THOMAS ASSOCIATES
— Land Surveyors—
75-5749 Kalawa Street, Suite 201, Kailua-Kona, Hawaii 96740-1873
#19988.1 LOT 12(REVISED)
•
3. 166° 14' 180.47 feet along Lot 1 of Marshall Wright Subdivision
and along Grant 8380 to Kahaunani Campbell
Bell to a 1-1/4 inch pipe (found);
4. 256° 13' 579.27 feet along Lot 11 of Waimea Summer Lots and
along the remainders of Grant 8270 to
James S. Lemon and Lot 106 of Puukapu
Homesteads(Second Series)(H.T.S. Plat 402)
to the point of beginning and containing an area
of 2.396 Acres.
mot.T. Y;4N WES THOMAS ASSOCIATES
' LICENSED �
J U PROFESSIONAL --{
LAND / �� .IGi%m� � J "
1 * SURVEYOR
No.4331 Chrystal Thomas Yamasaki
q v, P' Licensed Professional Land Surveyor
ti wAlt. State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street, Suite 201
Kailua-Kona, Hawaii 96740-1873 "
TMK: 6-4-018: 030 (3rd Division)
December 9, 2025
I
#19988.1 Page 2 of 2
. WES THOMAS ASSOCIATES
— Land Surveyors—
75-5749 Kalawa Street, Suite 201, Kailua-Kona, Hawaii 96740-1873