The URL can be used to link to this page

Home My WebLink AboutBIL 326 Draft 01 2002-2004 BII.I, NO. 326 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2-8-8 (iJPOLU POINT - KAAUHUHU HOMESTEADS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20 ACRE (A-20a) TO FAMILY AGRICULTURAL - 1 ACRE (FA-la) AT KOKOIKI, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-4:33. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2-8-8, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kokoiki, North Kohala, Hawaii, shall be Family Agricultural - 1 acre: Beginning at the Southwesterly comer of this parcel of land, being also the Northwesterly corner of Lot 25 of Puuepa-Kokoiki Homesteads and being a point on the Northeasterly side of an existing 30-Ft. Wide Roadway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEHONI" being 411.49 feet South and 840.23 feet East and running by azimuths measured clockwise from True South: 1. 133° 58' 30" 260.90 feet along the Northeasterly side of an existing 30-Ft. Wide Roadway to a point; 2. 229° 32' 30" 762.00 feet along the remainders of Lot 26 of Puuepa-Kokoiki Homesteads and Grant 7473 to Martha Koolau to a point; 3. 311 ° 03' 30" 127.50 feet along Lot 2 and along Grant 2764 to Kamoe and Kai to a point; 4. 308° 13' 61.64 feet a]ong Lot 1 and along Grant 2764 to Kamoe and Kai to a point; -I- 5. 44° 06' 771.08 feet along Lot 25 of the Puuepa-Kokoiki Homesteads and along Grant 7010 to Zolobabela Kaai to the point of beginning and containing an area of 3.936 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a par[ hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council fords the following conditions are: (1) Necessary to prevent circumstances which maybe 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, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. D. Only one additional lot (total of two lots) will be allowed. -2- E. Restrictive covenants in the deeds of proposed Lot 1 shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes (CPR). The prohibition of a second dwelling is excluded for proposed Lot 2 since the two existing dwelling units on the property will be situated on that lot. Proposed Lot 2, however, shall be prohibited from being CPR'd. This restriction maybe removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. All driveway connections to Kokoiki Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. G. The applicant shall provide a 10-foot wide future road widening setback easement along the length of the property fronting Kokoiki Street. H. All grading and grubbing activities and drainage improvements shall meet with the approval of the County Department of Public Works. I. A drainage study of the subject property, if required, shall be prepared by the applicant and submitted to the Department of Public Works for review and approval, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works. -3- J. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. K. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. 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 Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigative measures have been taken. M. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and maybe increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. 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 maybe 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 $9,671.44 per single family residential unit. Based upon the applicant's representation of intent to develop a total of one (1) -4- additional single-family residential unit, the indicated total of fair share contribution is $9,671.44 for the single-family residential unit. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: 1. $4,663.74 per single family residential unit for one (])single family residential unit for an indicated total of $4,663.74 to the County to support park and recreational improvements and facilities; 2. $224.98 per single family residential unit for one (1) single family residential unit for an indicated total of $224.98 the County to support police facilities; 3. $444.36 per single family residential unit for one (1) single family residential unit for an indicated total of $444.36 to the County to support fire facilities; 4. $194.55 per single family residential unit for one (1) single family residential unit for an indicated total of $194.55 to the County to support solid waste facilities; 5. $4,143.81 per single family residential unit for one (1) single family residential unit for an indicated total of $4,143.81 to the State or County to support road and traffic improvements. -5- In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police and solid waste disposal facilities subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and the approval of the Hawaii County Council. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies, including those of the Department of Public Works, Department of Water Supply and the Department of Health. P. An initial extension of time for the performance of conditions within the ordinance maybe 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, 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. -6- 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 maybe extended for up to one additional year). Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. 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: COUN IL ME R, PUNT F HAW ` Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: F~`~';c:~!CE: Comm: 769 -7- \\\\i ~ ~ A-20a ~ 20a i ~ ~ (CULTURAL Oa) / ~ TO F ILY AGRIC U FA-1a s q-20a 3 ACS. I~~. 411.49 A-20a I ~1 840 HO A-20a - I ~ ~ ~ A-f0a I 'fpm \ i ~JI ~ ~ ~ Ako i Pile Hwy. ~ ~i I A-20a / I r _ A-10a V/ ~ ~ - Ski ~ q 1~ 20a ~ A-20a ~ ~ - i. / 6 f- I ~ I 7. ~ , A-f0a ~ Pp' _ ~ I ~yQ• ~ ~ R A-20a I ~ ~ ~ Q~e ~ - ~ Par ~ ~ r ,low ~ 3--- P A-10a ~ I ~ ~ ~ o i A-20a ( ~ V~ ~ ~ i V ~ m ~ ~ ~ ~ i ~ ~ I i \ I I A-20a l A-10a l ~ ~ A-BOOa < ~ A-20a i ooo caa a iooo xooo 3aoo aaao s,wa reel 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 FAMILY AGRICULTURAL (FA-1 a) AT KOKOIKI, NORTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 5-5-004:033 Date: June 21, 2004 EXHIBIT "A" (Alyssa Ackerman:1142)