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Home My WebLink AboutORD 2008-160 2006-2008COUNTY OF HAWAII ORDINANCE NO. 08 STATE OF HAWAII BILL NO. 370 160 AN ORDINANCE AMENDING SECTION 25-8-21 (LAUPAHOEHOE-NINOLE ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL -15,000 SQUARE FEET (RS-15) TO SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS-10) AT MANOWAIOPAE, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY 3-6-008:002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-21, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Manowaiopae, North Hilo, Hawaii, shall be Single Family Residential - 10,000 square feet (RS-10): Being the consolidation and resubdivision of Lots 17-A and 17-B Situated on the Southwest side of Homestead Road, (40-foot wide) near Kilau Place, At Manowaiopae, North Hilo, Hawaii, State of Hawaii Beginning at a'/<"pipe (found) at the North comer of this parcel of land, being also the North comer of Lot 17 and the East corner of Lot 18 of the Manowaiopae Homesteads and on the Southwest side of Homestead Road (40-Foot wide), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MANOWAIOPAE"being 5.27 feet South and 2,469.23 feet West, and thence running by azimuths measured clockwise from true South: 298° 35' 122.00 feet along the Southwest side of Homestead Road, (40-Foot Wide) to a 2"pipe (found); -1- Thence along Lot 17-D on a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: 2. 343° 35' 14.14 feet to a pipe; 3. 28° 35' 159.60 feet along Lot 17-D to a pipe; 4. 118° 35' 132.00 feet along Lot 17-D to a pipe; 5. 208° 35' 169.60 feet along Lot 18 (Grant 8483 to Carlos Nobriga) of the Manowaiopae Homesteads to the point of beginning and containing an area of 22,366 Squaze feet. All as shown on the map attached hereto, mazked 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 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. A water commitment deposit in accordance with the "Water Commitment Guidelines Policy" of the Department of Water Supply shall be submitted to the -2- Department of Water Supply within 180 days from the effective date of this ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. A 10-foot wide future road widening setback shall be provided mauka of Puualaea Homestead Road. This setback shall be denoted on the subdivision plat map. E. Lot 17-C-1 shall have a minimum net area (excluding the future road widening setback) of 10,000 squaze feet. F. All driveway connections to Puualaea Homestead Road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. G. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each tot. 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 Departrnent upon its receipt from the Bureau of Conveyances. H. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required by the Department of Public Works, a drainage study shall be prepared by a licensed civil engineer and -3- submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to issuance of a construction permit. I. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate azea shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. K. The applicants shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to pazks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be for the additional lot to be created. The fair shaze 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 combined value of $11,506.13 for the additional single family residential unit. The fair share contribution per single family residential unit shall be allocated as follows: -4- $5,548.46 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $267.66 per single family residential unit to the County to support police facilities; 3. $528.66 per single family residential unit to the County to support fire facilities; 4. $231.45 per single family residential unit to the County to support solid waste facilities; and $4,929.90 per single family residential unit to the County to support road and traffic improvements. In lieu ofpaying the fair share contribution, the applicants may contribute land and/or construct 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 review and recommendation ofthe Planning Director, upon consultation with the appropriate agencies and approval of the County Council. L. 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. -5- M. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: I. The non-performance is the result of conditions that could not have been foreseen or aze beyond the control of the applicants, 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 period originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year). If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission and the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the azea to its original or more appropriate designation. -6- 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. Kona ,Hawaii Date of Introduction: October 22, 2008 Date oflstReading: October 22, 2008 Date of 2nd Reading: November 7, 2008 'Effective Date: November 20, 2008 REFERENGE+ Cam• 147..E-1 ---- -7- INTRODUCED BY: PUALAEA PL RS- 0 RS-10 NAWAII BF LT qD R AOU4 ~ F4yD~F KILAU pL S ~D'9 0 ' RS-f0 R R -15 5.27 S 2,459.23 W "MANOWAI PAE" Q~ "~ 2 ~ RS-10 ~ RS-10 A-la R 5 RS-15 A-20a RS- SINGLE•FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS•15) TO SINGLE-FAMILY RESIDENTIAL RS 5 10,000 SQUARE FEET (RS-10j 22,366 SQUARE FEET 0 170 340 680 1,020 .1,360 Feel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-21 (LAUPAHOEHOE-NINOLE ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 ED171ON), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS-15) TO SINGLE-FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) AT MANOWAIOPAE, NORTH HILO, HAWAII MAP PREPARED BY MK: 3.6-008:002 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: June 4200 EXHIBIT '~A" (Raymond 6 Jane Otomo:1247) OFFICE OF THE COUNTY CLERK County oi'Hawai`i Kona, Hawaii Introduced By: K. Angel Pilagc Date Introduced: October 22, 2008 First Reading: October 22, 2008 Published: November 1, 2008 REMARKS Second Reading: November 7, 2008 "I-oMa~'or: November 18, 2008 aeturned: November 20, 2008 GI'fecrive; November 20, 2008 Published: December 1, 2008 REAdARKS: ..., ~._ 2nr9J 1'e01J ~n .._ ROLL CAL' ~~ -I r ,r ,. ~iA~YE~S !NOES„ ABS EX Ford X - .~~i~. ^ Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X ' ~ Yoshimoto X 8 0 1 0 ~ ROLL CALL VOTE : ~ AYES NOES ABS' F.X Ford X ~ Higa X I Hoffmann X Ikeda X Jacobson Naeole X X Pilago X Yagong X - 1 YOShIITl0l0 X - ___.____.. _ 1 ~_- ~__ 9 0 0 ~ .-. _.___--1 0 i 1170 ; !EREBY CERTIFY that the foregoing BILL was ado ted by the Count ind?'cated nhuve. Ar PRG~!ED AS TO FORS ~ A L~ LEGALITY: J COUNCIL DEPUTY CO PORATION COUNS L COUNTY OF HAWAII Date NOV 1 9 2008 dpprul=e lUii~c+pp!'oved thrs_ ~~ _ _ dcr~~ oG-.l'(JOVOmn~(/Y 20 B~i COUNT Bill No.: Reference: Ord No.: d ; -f..~ Z,- LJ 370 C-1471/PC-37 08 160 9 t'O2, CO INIP OF HAWAII Ordinances Numbered 08-155, 08-156, 08-157, 08-158, 08-159, 08-]6Q, 08-161, & 08-162 I hereby certify that the following Ordinances passed second and tinal reading at the meeting of the County Council on November 7, 2008, by vote, as listed below: Ordinance 08-I55 (Bill 148, Draft 3) (2004-2006): An Ordinance Amending Chapter 25 (Zoning Code) of the Hawaii County Code, Related to Agricultural Tourism. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffinann - 8; NOES: None; ABSENT: Council Member Higa- l; EXCUSED: None. Ordinance 08-156 (Bill 323, Draft 3): An Ordinance Amending Chapter 19, Article 7, Sections 19-53, 19- 58.1 and 19-58.2, Hawai` i County Code 1983 (2005 Edition, as Amended), Relating to Real Property Taxes- Nonspeculative Residential Use. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann - 7; NOES: Council Member Yagong-1; ABSENT: Council Member Higa- I; EXCUSED: None. Ordinance 08-157 (Bi11366, Draft 2): An Ordinance Amending Chapter 2 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Parity Liens. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann- 8; NOES: None; ABSENT: Council Member Higa- ]; EXCUSED: None. Ordinance 08-158 (Bill 367): An Ordinance Amending Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008 to June 30, 2009. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- ]; EXCUSED: None. Ordinance 08-159 (BiI1369): An Ordinance Adopting the County of Hawaii South Kohala Community Development Plan. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffinann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-160 (Bill 370): An Ordinance Amending Section 25-8-2 ] (Laupahoehoe-Ninole Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-15) to Single Family Residential - 10,000 Square Feet (RS-10) at Manowaiopae, North Hilo, Hawaii Covered by Tax Map Key 3-6-008:002. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-161 (Bi11371): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members 'Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance OS-162 (Bill 372, Draft 2): To Amend Ordinance No. Ol-] 18 of the County of Hawaii , Relating to Certain Matters Concerning the County's Outstanding Improvement District No. 17, Kaloko Subdivision, 2001 Special Assessment Refunding Bonds. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. • ~,,.® _ sey Jarman County Clerk (Hawai`i Tribune-Herald - December I, 2008) (West Hawaii Today - December 1, 2008) Note: The original Digest/Affidavit is attached to Ordinance OS-155