The URL can be used to link to this page

Home My WebLink AboutORD 2008-139 2006-2008COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII 48 139 ILL NO. _363 AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) AND SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20 ACRES (A-20a) TO SINGLE FAMILY RESIDENTIAL -15,000 SQUARE FEET (RS-15) AT PUEHUEHU AND KAPUA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-4-008:PORTION 002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION ] . Section 25-8-7 and Section 25-8-9, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Puehuehu and Kapua, North Kohala, Hawaii, shall be Single Family Residential - 15,000 square feet (RS-15): Beginning at the southwest comer of this parcel of land, the direct azimuth and distance from the southwest corner of Lot A being: 205° 03' 193.97 feet, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU O NALE", being 12,990.72 feet North and 9,573.36 feet East, thence running by azimuths measured clockwise from true South: 205° 03' 418.38 feet along the remainder of Grant 1544 to Makanoanoa, Maria and Kaneihaiau (Lots A and B); 2. 108° 25' ] 25.84 feet along the remainders of Grant 1544 to Makanoanoa, Maria and Kaneihaiau, Grant 1956 to Poepoe and R.P. 7653, L. C. Aw. 8741 to Kalua (Lot B); -1- 3. 205° 03' 251.68 feet along the remainders of R.P. 7653, L.C. Aw. 8741 to Kalua and Grant 1544 to Makanoanoa, Maria and Kaneihaiau (Lot B); 4. 288° 25' 400.00 feet along the remainder of Grant 1544 to Makanoanoa, Maria and Kaneihaiau (Lot B); 5. 25° 03' 350.00 feet along the remainder of Grant 1544 to Makanoanoa, Maria and Kaneihaiau (Lot B); 6. 108° 25' 197.91 feet along the remainder of Grant 1544 to Makanoanoa, Maria and Kaneihaiau (Lot B); 7. 25° 03' 329.44 feet along the remainder of Grant 1544 to Makanoanoa, Maria and Kaneihaiau (Lot B); 8. 1 I S° 29' 75.74 feet along the remainder of Grant 1544 to Makanoanoa, Maria and Kaneihaiau (remainder of Lot A) to the point of beginning and containing an azea of 3.475 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfaze; 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 -2- (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. Construction of the public library shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts [o adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. D. Access to the property shall meet with the approval of the Department of Transportation. E. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. -3- F. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. G. Individual wastewater systems shall be installed, meeting with the approval of the Department of Health. H. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. I. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. Should any undiscovered 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 Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. K. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy if residential units area developed on the property. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. -4- L. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. 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 $10,976.69 per single-family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: $5,293.15 per single-family residential unit to the County to support park and recreational improvements and facilities; $255.34 per single-family residential unit to the County to support police facilities; $504.33 per single-family residential unit to the County to support fire facilities; 4. $220.80 per single-family residential unit to the County to support solid waste facilities; and -5- $4,703.06 per single-family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to pazks and recreation, fire, police, solid waste disposal facilities and 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. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria . for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. O. An initial extension of time for the performance of conditions within this ordinance maybe granted by the Planning Director upon the following circumstances: 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. -6- 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 period originally granted for performance (i.e., a condition to be performed within one yeaz maybe extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. 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 its approval. Hilo , Hawaii Date of Introduction: September 10, 2008 Date of 1st Reading: September 10, 2008 Date of 2nd Reading: September 24, 2008 Effective Date: October 7, 2008 REFEBENGb Crn~m 14011401/~v~~ -7- 9 RS 15 9~ - 90 A 20a RS-15 0 0 R -IS A-2~ AGRICULTURAL20•ACRE(A-20a)TO SINGLE-FAMILY RESIDENTIAL 15 000 S DARE FEET RS•15 3.475 ACRES A-20a A-2 RS-15 R- 12,990.72N ¢ RS~ 9,57336 E "PUUONALE F 0 CN-10 J RS45 dJ CN-20 A~20a N Rs- 44-~N A'°4 A-20a ¢ ~FN{YY d) J r y, CV-10 J CV40 ~ CN~ RS 5 RS~1 ~ S-1 CV-10 ¢ R 15 A-20a W 5-15 0 345 690 1,380 2,070 2,760 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) AND AMENDING SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 20-ACRE (A-20a) TO SINGLE-FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS-15) AT PUEHUEHU AND KAPUA, NORTH KOHALA, HAWAII MAP PREPARED BY•• MK: 5-4-OOB:Por. 002 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: A ri123 200 EXHIBIT ~~A~~ (DAGS:1245) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Date Introduced: First Rcadine: Published: REMARK'S: Pete Hoffmann September 10, 2008 September 10, 2008 September 19, 2008 Second heading: September 24, 2008 1"o Maror; October 2, 2008 Returned: October 8, 2008 Effective: October 7, 2008 Published: October 15, 2008 RE:NARk'.ti': l DO FFERFiI~)'CERTIFYIha! lhe.foregoing 61/,L Haas indicated ahut~e. APPROVED AS TO FORM D LEGALIT DEPUTY RPORATION COU EL COUNTY F HAWAII Date OCT - 3 2008 F,ttAb(ishecl as t COUNC/L /l~M.~IN COUN CL RK Bill No.: 363 gppro~ lDi.vapprnvedthis' ~ ~/ day of ~(~W rw~ , 20 0 6 ~'~~~-~- ACTIN(3 MAYOR, COCINTY OF HAWA! `! C-1401/Waived-PC Reference: Ord No.: 08 la~i9 L A ~QfE 1 AYES NOES" i r ABS . EX Ford X ~ i° ~.~ ~ ' i ,,~,' ~ ~.t.~~~l Higa y ' "X Hoffinann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VO"fE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 0 3 0