HomeMy WebLinkAboutBIL 008 Draft 02 2000-2002 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 8
(Draft 2)
ORDINANCE NO. _
AN ORDINANCE AMENDING SECTIO\ 2~-8-8 (CPOLU POINT-KAAL'HUHU
HOMESTEADS ZONE MAP), ARTICLE 8, CHAPTER 2~ (ZONING CODE) OF THI
HAWAII COLnITY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-l~) AT PUEHUEHU,
NORTH KOHAL.A. HAIVAII, COVERED BY TAX MAP KEY 5-4-2 PORTION OF 6
BE IT ORDAINED BY THE COUNCIL OF THE COI.r`1TY OF HAVdAII
SECTION 1 Section 2~-8-8. Article 8. Chapter 2~ (Zoning Code) of the Hawau County
Code. ~s amended to change the distract classification of property descnhed heremafrer a,
fol loves
The district class~ficauon of the following area situated at Puehuehu, North
Kohala. Hawau, shall be Single Fatuity Residential (RS-I~)
Beginning at [he Northeast corner of this parcel of land, situated on the
Southwesterly side of Haws-N~uhi Road, being also the Northwest corner of Lot t of
k~nnersley Road Tract 1, Block "A" (F[LE PLAN 6~ 1), [he coordinates of said point of
beginning, referred to Government Survey Triangulation Station "PUL' O HALE" being
12.726 18 feet North and 9,27 31 feet East and thence running by azunuths measured
clockwise from Tnie South
1 1 OS' ~0" X03 36 feet along Lot 1 of Kmnersley Road
Tract 1, Block "A" (FILE
PLAN 6511,
2 295° ~ 1' X28 78 feet alone Lots 1 2 and 3 of
Kuuierslev Road Tract 1. Block "4"
(F1L6 PLAN 6~ 1),
1 0~' ~0" X27 28 feet along the remainder of
Grant 1 i44 to Makanoanoa, Mama
and Kane~halau,
-1-
4 I 1 31' 335 62 feet along [he remainder of Lot A.
being also the remainder of
Grant 1544 to Makanoanoa, h4azta
and Kane~halau,
5 205° 03' 521 90 feet along the same,
6 295° 31' 15 08 feet along the Southwesterly side of
Haws-Nmlu Road, to the point of
begtmm~g and contatntng an area of
2 421 Acres
All as shown on the map attached hereto, mazked E~h~b~t "A" and by reference
made a part hereof
SECTION 2 This change m d~stnct dassificat~on is conditioned upon the following
A The applicant. successors of assigns shall be responsible for complying ~+ith alt of
the stated conditions ofappro~al
B Final Subdn ision Approval of the proposed subdivision within the sub~e~t
property shall be secured from the Planning Director within Yive (5) yeazs from
the effective date of [his ordinance
C Access to the subject property from Akoni Pule Highway shall meet with the
requirements of the Department of Transportation The entrance ruadwa~• sight
distance shall meet the regwrements of the Statewide Design Manual All lots
shall be accessed t}om the proposed common access road easement
D Drainage improvements, d regwred, shall be constructed meeting with the
approval of [he Department of Public ~'r'orks m conjunction wnh the issuance of
Final Subdivision Approval
E The waste++ater treaunent and disposal system shall be designed in accordance
+a•rth the regwrements of the Department of Health
F Restncuve covenants m the deeds of all the proposed res~denual lots within the
subiect propem shall prohibit the constnict~on of ate ohana d+vellm~ umt on each
lot ~ copy of the proposed covenantist to be recorded ++rth the Bureau of
Convecances shall be submitted to the Plannme Duec[or for revie+v and approval
pnor to the issuance of Final Subdi+•is~on Approval A wpy of the approved
covenant(s) shall he recned m an instrument executed by the applicant and the
County through the Planning Director and recorded with the Bureau of
Conveyances for am• portion of the subiect property A copy of the recorded
document shall be tiled ++~th the Plannme Department upon its receipt from the
Bureau of Conveyances
(i Should am remains of htsto~ ~c saes, such as rock +calls. terraces, platforms,
manse shall concentrations or human bunals, be encountered. ++ork m the
unmedi,ue area shall cease and the Department of L and and 1~atural
Resources-H~s[onc Presen anon Division (DLNR-HPD) shall be unmedia[ely
notified Subsequent work shall proceed upon an archaeological clearance from
the DLVR-HPD when rt finds that sutiicient nut~gahve measures have been taken
H [The applicant shall pay its fair share contnbuuon to address potential regional
impacts of [he project +vnh respect to roads, park. tire. police and solid waste
disposal faulrties The tau shale contnbuuon shall be initially based on the
rep~esentatwns contained within the change of zone application and may be
increased or reduced proportionally d die lot counts are adiusted The fair share
contnbuuon shall become due and payable pnor to final subdn iston approval of
any pomon of the subiect proper[} o~ +aithm five t5) years tmm the etfectrve date
of this change tit zone ordinance, whichevc~ occur first The fau share
-
contnbunon for each lot shall be based on a maxunum densrtv for each lot as
determinred by the zoning resulting fmm this change of zone The fair share
contnbutton m a form of cash, land. factlrttes or any combination thereof shall be
determined by the County Council The fair share contnbutton may be adjusted
annually beginning three years after the effective date of [tits ordinance. based on
the percentage change m the Honolulu Consumer Pnce Index (HCP[) In Lett of
paying the tan share contnbutton for other fac[ht~ Impacts, the applicant may
construct such facilities related to roads. park, tire, police and solid waste disposal
facilities tvrth the approval of the appropnate agency(tes) .4ny contnbuuons
reyutred by this ordinance that exceed the fair share reyuuement of this proposed
development shall, at the applicant's request be credited towards any of the
applicant's future developments that regwre infrastruc[ural Impact contributions ]
The appl[cant shall make [ts fair share contnbunon to mmgate potential reetonal
impacts of the subject project ~+•ith respect to roads, parks and recreation, fire,
pol[ce and solid waste disposal facilities The amount of the fair share
contnbutton shall be the sum wh[ch [s the product of mulnplvme the number of
restdenual lots proposed w be subdrnded by the amounts allocated herembelow
for each such lot, and shall become due and payable pnor to final subdivision
approval for any pothon of the subject property or Its increments If the subject
property Is subdtv[ded m two or more increments, the amount of the fair share
contnbunon due and savable pnor to final subdivision approval of each
increment shall be a sum calculated m the same manner accotdmg to the number
of proposed restdenual lots m each such increment The fair shale cone Ibuuon,
m a torm of cash, land, facilities or am' combmanon thereof, acceptable to the
director m consultation with the affected aeenctes, shall be determined by the
County Council The fair share contnbutton shall have a maximum combined
value of 57.876 20 per single-family restdenual unit Based upon the
applicant's tepresentanon of intent [o develop up to six (6) restdenual units, the
indicated rotal of fair share contnbunon Is $47.257.20 for stnele-famtly
-y-
restdenttal units However, the total amount shall be increased or reduced m
proaoruon wtth the actual number of units accordme to the calculation and
payment ~rovtstons set forth m thts Condmon H The fatr share contnbuuon
shall be allocated as follows
1 $3,798 04 per stnele-famtly restdenttal unit for an tndtcated total of
$22,788.24 to the County to support park and recreational tmprovements
and factltnes,
2 5183 22 per single-famtly testdennal unit for an indicated total of
$1,099.32 to the County to supportpoltce tacthues.
3 $36l 88 per single-famth~ restdenttal unit for an indicated total et
$2,171.28 to the County to support fire tacthues,
4 S158 43 pet smele famth~ testdennal unn for an indicated total of
$950.58 to the County to support solid waste facthues, and
5 $3,374 63 per smele-famth~ restdenttal unu for an indicated total of
$20,247.78 to the State or County to support road and traffic
tmnrovements
The fan share contnbunons described above shall be adjusted annually
beetnntn~three years after the effective date of the change of zone, based on the
percentage chanee m the Honolulu Consumer Price Index (RCPT) In Iteu of
pavme the fair share contnbuuon, the apQltcant may construct and contribute
tmnrovements%factltnes related to packs and recreation. tire. police, solid waste
disposal facthues, and roads wnhtn the re tog n impacted by the proposed
development, subject to the approval of the dtrector The cost of providing dud
constructing the tmprovements required m Condmon C shall be credited a asst
the sum soecthed m Condmon H (~l for road and traffic tmprovements For
purposes of administering Condtnon H, the fair market value of land contributed
or the cost of any tmprovements regwred or made m Iteu of the fair share
contnbuuon shall be subject to tevtew and approval of the dtrector, upon
consultation with the appronrtate aa_enctes
Upon approval of the tair share contributions or to Iteu contributions ~ the
director, the duector shall submit a final report to the Council for its
mformanon that identifies the specific approved fair share and/or m lieu
contributions. as allocated, and further imalementauon requirements
l Should the Council adopt a Unified lmpact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact tees, conditions included
herein shall he credited toy+ards the regwrements of the Umtied lmpact 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 .4n uuual extension of time for the performance of condnwns within the
ordinance may be granted by the Planning Director upon the tollowme
circumstances
I The nun-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 Gramme of the time extension would no[ he contrary to the General Plan
or Zoning Code
3 Granting of the nine extension ~+ould not be contrary to the original
seasons for the granting of the change of zone
-6-
4 The ttnie extension granted shall be for a period not to exceed the period
originally granted for performance (i e , a condmon to be performed
within one year may be extended for up to one addmonal year)
~ If the applicant should require an addmonal extension of rime. the
Planning Director shall submit the applicant's request to the County
Council for appropriate action
I. Should any of the conditions not be met or substantially complied with m a timely
fashion. the Director may m[[[ate rezoning of the subject property to rts original or
more appropriate designation
SECTION 3 In the event that an}' portion of this ordinance is declared un•alid. tiuch
invalidity shall not affect the other parts of this ordinance
SECTION 4 This ordinance shall tale effect upon its approval
INTRODUCED BY
~
COCTCIL h1E1v1BER, COCJVTY OF HA~YAII
Hilo. Hawau
Date of Introduction
Date of 1st Reading
Date of and Reading
Effective Date
kEFERENCE: Comm. ~ ~ • 1
APPROVED AS TO FOR>`9 AND LEGALITY
CORPORATION COLR~SEL
DATED
-7-
' - ~ ~
- o .
z .
w
~ a
_ t 2 726 . 9 V ~ .n
j 9 527 31 E
_ PUU O NALE' 7
T-_
~ r i 1
T_
NID~ii i i ~-I
i
t. _ ~ ~ ,
- , ROAD
' i I i
, .
i/ _
,1 ~ ire s
~L ,5:
I i_
j AGRICULTURAL (A-20a) " ~ 1
TO SINGLE FAMILY
RESIDENTIAL (RS-15) IFS _
AREA: 2.421 ACRES
~
I }
~ W ~
J ~
~ - ~
' W -II
~ Z
{ Z Rs _
Y ,
~
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-8 (UPOLU POINT - KAAUHUHU HOIAESTEADS ZONE IAAP) 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
7MK 5-4-2 POR 6 NOVEMBER 23, 2000
~R^EG ,/ESS4ER)
EXHIBIT "A"
~'j