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Home My WebLink AboutBIL 021 Draft 01 2008-2010COUNTY OF HAWAII STATE OF HAWAII BILL NO. zI ORDINANCE AN ORDINANCE AMENDING SECTION 25-8 ARTICLE 8, CHAPTER 25 (ZONING CODE) C (2005 EDITION), BY CHANGING THE DISTR FAMILY RESIDENTIAL - 20,000 SQUARE FE RESIDENTIAL- 15,000 SQUARE FEET (RS-1 BY TAX MAP KEY 1-7-016:028. BE IT ORDAINED BY THE COUNCIL OF SECTION I. Section 25-8-24, Article 8, County Code ] 983 (2005 Edition), is amended to described hereinafter as follows: The district classification of the shall be Single Family Residential - 1 Beginning at the North corner of t Road, the coordinates of said point of be€ Triangulation Station "OLAA"being 566 running by azimuths measured clockwise 1. 275° 12' 2. 23° 09' 3. 100° 16' 138.96 277.52 135.61 24 (KURTISTOWN ZONE MAP), THE HAWAII COUNTY CODE 1983 ~T CLASSIFICATION FROM SINGLE T (RS-20) TO SINGLE FAMILY AT KEAAU, PUNA, HAWAI`[, COVERED COUNTY OF HAWAII: 25 (Zoning Code) of the Hawaii the district classification of property area situated at Keaau, Puna, Hawai `i, square feet (RS-IS): lot and on the South side of the Plantation ing referred to Government Survey feet North and 1007.00 feet East, and m true South: feet along the South side of the Plantation Road to a pipe; feet to the West corner of Fred Roman's lot; feet along boundary of Fred Roman to a pipe; 4. 203° 09' 264.92 feet along Lots 11 and 10 of this house lot subdivision to the point of beginning; and containing an Area of 0.823 acre, more or less. 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 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 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. The two existing dwellings on proposed Lot 12-A shall be converted into a single residential unit. The kitchen in one of the dwellings shall be removed. The conversion shall occur prior to the issuance of Final Subdivision Approval. -2- E. 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 lot. 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. Access to the property shall meet with the requirements of the Department of Transportation. G. 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 submitted to the Department of Public Works. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to issuance of Final Subdivision Approval. H. 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. The method of sewage disposal shall meet with the requirements of the Department of Health. -3- 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 Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately noCified. 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 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 Subdivision Approval. The fair share contribution shall be for the additional lot to be created. 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 aunually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCP[). The fair share contribution shall have a combined value of $1 ],506.13 for the additional single family residential unit. The fair share contribution per single family residential unit shall be allocated as follows: $5,548.46 per single family residential unit to the County to support park and recreational improvements and facilities; $267.66 per single family residential unit to the County to support police facilities; $528.66 per single family residential unit to the County to support fire facilities; -4- 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 of paying 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 of the 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. M. The applicant shall comply with all applicable County, State and Federal laws, piles, 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: 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. -5- 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). 5. If the applicant 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 area to its original or more appropriate designation. SECTION 3. h~ 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: l=~G COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Tntroduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Cones. 9~ -~ -ia a A-20a ~ i ~G ~ ' A - a ~ ~ RS-20 <(~ST QQ N r° O y U~ r~ ~0 3~ ~~ RS-20 g -ia SINGLE•FAMILY RESIDENTIAL 20,000 SQUARE FEET (RS-20) TO SINGLE•FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS•15) 566.90 N 35,850 S0. FT. too~.ooe "OLAA" goad) ,i ~ Pq ST ~ +• , i==~~~~ ,I i KN'~41,yA ~~l fE~ ~~~~p R0 ~ ;~~~~~I~i{;,"I`!,[[[s ~ ~~ «' fit A-fa RS-20 A-0a Q., ~~ ~O 10 A-fa RS-10 A ~ RS 0 0 225 450 900 1,350 1,800 Feel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-24 (KURTISTOWN 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 20,000 SQUARE FEET (RS-20) TO SINGLE-FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS-15) AT KEAAU, PUNA, HAWAII MAP PREPARED BY.- MK:1-7-016:026 COUNTYOFHAWAlI PLANNING DEPARTMENT DATE: Se tember 24 200 EXHIBIT "A" (Melody Parong:1251) Bill Nos. 21, 92A, 97A, 101, and 104 I hereby certify that the following Bills passed first reading at the meeting of the Hawaii County Council on August 5, 2009, by vote as listed below: Bi1121: Amends Section 25-8-24 (Kurtistown 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 - 20,000 Square Feet (RS-20) to Single Family Residential - 15,000 Square Feet (RS-15) at Kea`au, Puna, Hawaii, Covered by TMK:1-7-016:028; Melody Parong, Applicant. The applicants 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 have a combined value of $11,506.13 for the additional single family residential unit. AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 8; NOES: None; ABSENT: Council Member Hoffmann - 1; EXCUSED: None. Bi1192A: Amends Ordinance No. 08-106 of the County of Hawaii, Pertaining to the Issuance of General Obligation Bonds for the Purpose of Financing Various Public Improvements Described Therein. Amends Exhibit A, Draft 2, with "Exhibit A, Draft 3", to adjust funding for various projects based on actual needs that differ from the original estimates in the bond ordinance with one new project added, Kealakehe Wastewater Treatment Plant Sludge Removal. There is no change to the total amount of the bond authorization ($114,588,700). AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 97A: Amends Ordinance No. 09-64, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2010; Increases revenues in Federal Grants - Workforce Investment Act (WIA) ($1,312,147); appropriates to the following: WIA- Administration Planning 2009-10 ($131,213), WIA -Adult Program 2009-10 ($423,894), WIA -Dislocated Worker Program 2009-10 ($325,168), and WIA -Youth Program 2009-10 ($431,872), for a total of $1,312,147. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 101: Amends Ordinance No. 98-8 Which Reclassified Lands from Agricultural - 5 Acres (A-Sa) to Residential and Agricultural - .5 Acre (RA-.Sa) at Honokohau 2"a, North Kona, Hawaii, Covered by TMK:7-4-06:038; Request -Time Extension to Condition D (Final Subdivision Approval); Grace Community Church, Applicant. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities, and roads. The fair share contribution shall have a maximum combined value of $11,506.13 per single-family residential unit. AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole, Yagong, and Chair Yoshimoto - 7; NOES: None; ABSENT: Council Members Hoffmann and Onishi - 2; EXCUSED: None. Bill 104: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2010; Increases revenues in Fund Balance from Prior Year -Designated ($221.75); appropriates to the following: Kohala Ranch Project IV ($191.66), Luala`i at Parker Ranch Phase II ($25.95), and Wainani Estates Subdivision Phase I ($4.14), for a total of $221.75. AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole, Yagong, and Chair Yoshimoto - 7; NOES: None; ABSENT: Council Members Hoffmann and Onishi - 2; EXCUSED: None. Kenneth G. Goodenow COUNTY CLERK (Hawai`i Tribune Herald -August 14, 2009) (West Hawaii Today -August 14, 2009) Note: The original Digest/Affidavit is attached to Bill 21.