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HomeMy WebLinkAboutBIL 008 Draft 01 2000-2002 COUNTY OF HAWAII STATE OF HAWAII BILL NO. $ ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-8 (UPOLU PONT-KAAUHLHU HOMESTEADS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COLnITY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT PUEHUEH~~, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-4-2 PORTION OF 6 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1 Section 25-8-8, Article 8, Chapter 25 (Zoning Code) of the Hawau Counq- Code, is amended to change the distnct classification of property descnbed hereinafter as follows The dis[nc[ classification of the following area situated at Puehuehu, North Kohala, Haw•au, shall be Single Faintly Residential (RS-l5) Beginning at the Northeast comer of this parcel of land, situated on the Southwesterly side of Haw•i-Ntulit Road, being also the Northwest comer of Lot 1 of Kinnersley Road Tract 1, Block "A" (FILE PLAN 651), the coordinates of said point of beginning, referred to Goveniment Survey Tnangulation Station "PL'L' O KALE" being 12,726 18 feet North and 9,527 31 feet East and thence running by azimuths measured clockwise from True South 1 1 S° OS' 30" 203 36 feet along Lot 1 of Kumersley Road Tract 1, Block "A" (FILE PLAY 651), 2 295° 31' 228 78 feet along Lots 1, 2 and 3 of Ktnnersley Road Tract 1, Block "A" (FILE PLAN 651), 3 15° OS' 30" 327 28 feet along the remainder of Grant 1544 to Makanoanoa. Mana and Kaneihalau, -1- 4 115° 3l' 335 62 feet along the remainder of Lot A, being also the remainder of Grant 1544 to Makanoanoa, Mana and Kaneihalau, 5 205° 03' 521 90 feet along the same, 6 295° 31' 15 08 feet along the Southwesterly side of Haw•~-Nmlu Road, to the point of begmmng and containing an azea of 2 421 Acres All as shown on the map attached hereto, marked Exhtbtt "A" and by reference made a part hereof SECTION 2 This change m d~stnct classification is condmoned upon the following A The applicant, successors or assigns shall be responsible for complying with all of the stated condrt~ons of approval B Final Subdrvtston Approval of the proposed subdrvis~on wrthm the subject property shall be secured from the Planning Director w•tthm five (5) years from the effective date of this ordinance C Access to the subject property from Akom Pule Htghw•ay shall meet wrth the regwrements of the Department of Transportation The entrance roadway sight distance shall meet the requirements of the Statewide Design Manual All lots shall be accessed from the proposed common access road easement D Drainage improvements, tf regmred, shall be constructed meeting wrth the approval of [he Department of Public Works m conjunction wrth the issuance of Final Subdrvtston Approval E The was[ew•a[er treatment and disposal system shall be designed to accordance w•tth the requirements of the Department of Health F Restncave covenants m the deeds of all the proposed resldentlal lots within the subject property shall prohibit the consttvctlon of an ohana dwelling umt on each lot A copy of the proposed covenant(s) to be recorded wlth the Bureau of Conveyances shall be submitted to the Planning Director for review and approval pnor to the issuance of Final Subdwision Approval A copy of the approved covenant(s) shall be recited m an instrument executed by the applicant and the County through the Plamung Director and recorded with the 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 Convevances G Should any remains of histonc sites, such as rock walls, terraces, platforms, manne shall concentrations or human bunals, be encountered, work m the immediate area shall cease and the Department of Land and Natural Resources-Histonc Preservation Division (DLNR-HPD) shall be immediately notified Subsequent work shall proceed upon an archaeological cleazance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken H The applicant shall pay its fair share contnbuhon to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities The fair share contnbuhon 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 contnbuhon shall become due and payable pnor to final subdivision approval of any portion of the subject property or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first The fair share -3- contnbuhon for each lot shall be based on a maxmtum density for each lot as deternined by the zoning resulting from this change of zone The fau share contnbuhon m a forni of cash, land, fac~lrt~es or any combtnat~on thereof shall be detemuned by the County Council The fair share contnbuhon may be adJusted annually beg~nnmg three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Pnce Index (HCPI) In I~eu of paying the fair share contnbuhon for other facility impacts, the applicant may construct such fac~lit~es related to roads, park, fire, police and sold waste disposal facilities with the approval of the appropnate agency(~es) Any contnbutions required by this ordinance that exceed the fair share regmrement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require mfrastructural impact contnbutions [ Should the Council adopt a L'mfied Impact Fees Ordinance setting forth cntena for ~mposmon of exactions or the assessment of impact fees, conditions included herein shall be credited towards the regwrements of the Unified Impact Fees Ordinance J Comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subJect property K An ~mtial extension of time for the performance of condfions within the ordinance may be granted by the Planning Director upon the following circumstances 1 The non-performance ~s 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 then 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 extenston would not be contrary to the onginal reasons for the granting of the change of zone 4 The time extension granted shall be for a penod not to exceed the penod ongmally granted for performance (i e , a condition to be performed within one year may be extended for up to one additional year) ~ If the applicant should require an additional extenston of time, the Planning Director shall submit the applicant's request to the County Council for appropnate action L Should any of the conditions not be met or substantially complied with m a timely fashion, the Director may initiate rezoning of the subject property [o its ongmal or more appropnate designaUOn SECTION 3 In the even[ that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance -5- SECTION 4 Thts ordinance shall take effect upon its approval INTRODUCED BY %~yf~~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawau Date of Introduction Date of 1st Reading Date of 2nd Reading Effective Date RfFCRE]]1C~ Com;n. _17 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED -G- - - - - - o c R z, ~ ~'o 12 726 19 N _ ~ - ~-9 527 31 E ' "PU;, O NALE" ~ - - , r. - _ HAWI_ - ' NIULII ` ~ ,BOAC i ~ ~ . / P- `I I 4 - ~ a AGRICULTURAL (A-20a) TO SINGLE FAMILY r- RESIDENTIAL (RS-15) - , AREA: 2.421 ACRES I ~ } w J (n ' - W _ ~ Z Q_ Y I AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-8 (UPOLU POINT - KAAUHUHU HOMESTEADS ZONE MAP) ARTICLE 8, CHAPTER 25, (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT PUEHUEHU, NORTH KOHALA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 5-4-2 POR 6 NOVEMBER 23. 2000 EXHIBIT °A° !PE-E~ NE~SAIEP'