HomeMy WebLinkAboutORD 2001-013 2000-2002 ~y ~ ~J
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COUNTY OF HAW ~`"a•TATE OF HAWAII
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BILL NO. s
(Draft 4)
ORDINANCE NO. 01 13
AN ORDINANCE 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, 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 Hawaz~ County
Code, is amended to change the distract classification of property descnbed hereuiafter as
follows
The distract classification of the following area situated at Puehuehu, North
Kohala, Hawazi, shall be Single Family Residential (RS-15)
Beg~tmmg at the Northeast comer of this parcel of land, situated on the
Southwesterly side of Haws-Niulii Road, being also the Northwest comer of Lot 1 of
Kynnersley Road Tract 1, Block "A" (FILE PLAN 651), the coordinates of said point of
beginning, referred to Govemment Survey Tnangulation Station "PUU O NALE" being
12,726.18 feet North and 9,527 31 feet East and thence running by azimuths measured
clockwise from True South
1 15° 0~' 30" 203 36 feet along Lot 1 of Kynnersley Road
Tract 1, Block "A" (FILE
PLAN 651),
2. 295° 31' 228 78 feet along Lots 1, 2 and 3 of
Kynnersley Road Tract 1, Block "A"
(FILE PLAN 651),
3. I S° OS' 30" 327 28 feet along the remainder of
Grant 1544 to Makanoanoa, Mana
and Kane~halau,
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4 115° 31' 335 62 feet along the remainder of Lot A,
being also the remainder of
Grant 1544 to Makanoanoa, Maria
and Kaneihalau,
5 205° 03' 521 90 feet along the same,
6 295° 31' 15 O8 feet along the Southwesterly stde of
Haws-Niulii Road, to the point of
beginning and containing an azea of
2 421 Acres
All as shown on the map attached hereto, mazked Exhibit "A" and by reference
made a part hereof
SECTION 2 Tlus change in distract classtficarion ~s conditioned upon the following
A The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval
B Ftnal Subdivision Approval of the proposed subdivision wtthtn the subject
property shall be secured from the Planning Director within five (5) yeazs from
the effective date of this ordinance
C Access to the subject property from Akont Pule Highway shall meet with the
requirements of the Department of Transportatton. The entrance roadway sight
distance shall meet the requirements of the Statewide Destgn Manual All lots
shall be accessed from the proposed common access road easement, meeting with
the urban pavement standazds of Chapter 23 (Subdrv~sion Code) of the Hawaii
County Code
D Drainage improvements, ~f required, shall be constructed meeting with the
approval of the Department of Publtc Works in conluncnon with the issuance of
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Final Subdivision Approval
E The wastewater treatment and dtsposal system shall be designed in accordance
with the requtrements of the Department of Health
F Restrictive covenants m the deeds of all the proposed residential lots unthm the
subject property shall prohibit the construction of a second dwelling unit on each
lot A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval
pnor to the issuance of Final Subdivision Approval A copy of the approved
covenant(s) shall be recited m an instrument executed by the applicant and the
County through the Planning 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 Conveyances
G Should any remains of historic sites, such as rock walls, terraces, platforms,
manne shall concentrations or human bunals, be encountered, work in the
immediate azea shall cease and the Departinent of Land and Natural
Resources-Historic Preservation Division (DLNR-HPD) shall be immediately
notified Subsequent work shall proceed upon an azchaeolog~cal cleazance from
the DLNR-HPD when rt finds that sufficient mitigative measures have been taken
H The appltcant shall make its fair share contrtbutton to mmgate potential regional
unpacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities The amount of the fair share
contrtbutton shall be the sum which is the product of multtplytng the number of
restdential lots proposed to be subdivided by the amounts allocated herembelow
for each such lot, and shall become due and payable prior to final subdiv~ston
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approval for any portion of the subject property or its increments If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number
of proposed residential lots in each such increment The fair share contrtbutton,
in a form of cash, land, facilities or any combination thereof, acceptable to the
director in consultation with the affected agencies, shall be deteimtned by the
County Council The fair share contribution shall have a tnaximum combined
value of $7,876 20 per single-faintly residential unit Based upon the
applicant's representation of intent to develop up to six (6) residential amts, the
indicated total of fair share contribution is $47,257.20 for single-family
residential units However, the total amount shall be increased or reduced in
proportton with the actual number of units according to the calculation and
payment provisions set forth in this Condition H The fair share contrtbutton
shall be allocated as follows
1 $3,798 04 per stngle-family residential amt for an indicated total of
$22,788.24 to the County to support park and recreational improvements
and facilities,
2 $183 22 per single-family residential unit for an indicated total of
$1,099.32 to the County to support police facilities,
3. $361 88 per single-family restdenttal amt for an indicated total of
$2,171.28 to the County to support fire facilities,
4 $158 43 per single-family residential unit for an indicated total of
$950.58 to the County to support solid waste facilities, and
5 $3,374 63 per single-family residential unit for an indicated total of
$20,247.78 to the State or County to support road and traffic
improvements
The fair share contributions described above shall be adjusted annually
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beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (HCPn In lieu of
paying the fair share contribution, the applicant may construct and contribute
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 approval of the director The cost of providing and
constructing the improvements required in Condition C shall be credited against
the sum specified in Condition H (5) for road and traffic improvements. For
purposes of administering Condition H, the fair market value of land contributed
or the cost of any improvements required or made in lieu of the fair share
contribution shall be subJect to review and approval of the director, upon
consultation with the appropriate agencies
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its
information that identifies the specific approved fair share and/or in lieu
contributions, as allocated, and further unplementation requirements.
H Should the Council adopt a Umfied Impact Fees Ordinance setting forth cntena
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towazds the requirements of the Umfied Impact Fees
Ordinance
I Comply with all applicable laws, rules, regulations and requirements of affected
agencies for approval of the proposed development within the subJect property
J An initial extension of time for the performance of conditions within the
ordinance may be granted by the Plazming Director upon the following
circumstances
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1 The non-performance is the result of conditions that could not have been
foreseen or aze beyond the control of the applicant, 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 penod
originally granted for performance (i e., a condition to be performed
within one yeaz may be extended for up to one additional yeaz)
5 If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action
K Should any of the conditions not be met or substantially complied with in a timely
faslvon, the Director may initiate rezoning of the subject property to its original or
more appropnate designation
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SECTION 3 In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance
SECTION 4 This ordinance shall take effect upon rts approval
INTRODUCED BY
CO CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction January 10, 2001
Date oflstReadmg January 10, 2001
Date of 2ndReadmg January 24, 2001
Effective Date February 6, 2001
APPROVED AS TO FORM AND LEGALITY
CO ORATION C~OUN
DATED 1 5 O ~
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AMENDMENT TO THE ZONING CODE
AMENDMiG SOC110N 25-A->s UPOUI POINT - KAAUHUHU HOI~STEADS ZONE MAP) ARTICLE
e, GRAPIER 25f (ZMlIN6 ) OF THE NAMUN COUNTY OODE, BY CHANGING T11~ DISTRICT
CLASS~ICAT~11 FIIOY AORICIILTURAL (A-20o) TO SiNGIF FAMN.Y RESIDENTIAL (RS-15) AT
PUEIHIEHU, NORTH KONALA, HAWAR.
PREPARED 0Y PLANNING DEPARTMENT
COUNTY O~ HAWAII
TYK : 6-4-2: POR. 6 NOKMSO~ 23. 2000
EXNIYIT 'A' t.c,a WfM~/
OFFICE OF THE COUNTY CLERK
County of Hawatt
Hilo ,Hawau
(Draft 4)
ROLL CALL VOTE
AYES NOES AHS EX
Introduced Hy: Bobby Jean Leithead-Todd (b/r) Arakala X
Dale Introduced January 10, 2001 Chung X
F~rstReadmg January 10, 2001 Elanonoff X
Published January 19 & 22, 2001 Jacobson X
Letthead-Todd X
REtL4RK.S' Ptstcchto X
Safank X
Tvler X
Yagong X
6 1 2 0
SecondReadmg January 24, 2001 ROLL CALL VOTE
To Mayor January 26,2001 i AYES NOES ABS EX
Returned February 6, 2001 X
Effective February 6, 2001 Chung X
Published February 20, 2001 Elanonoff X
Jacobson X
REiL4RRS' Leithead-Todd X
Pisiccluo X
Safank X
Tyler X
Yagong X
8 1 0 0
DO HEREBY CER77FY that the foregoing BILL was adopted by the County Councrl publrshed as
rndreated above
APPROVED AS TO
FORM AND L GALITY:
~1 ~ ,
DEPU CORPORATION COUNSEL '
COUNTY OF HA II ~ COL:VCIL CK4/RAdAN
Date
C CLER.~
~4pprnve ''Disapproved this day
//JJp/ FuV Y~.IAVT U ~0 O 1
~f'I` Bi11No 8 ;Draft 4)
//~~MAYOR, COUNTY OF HAWAII Reference C-1~/PC-2
Ord No