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Home My WebLink AboutBIL 294 Draft 03 1994-1996 ~....------~-.---'--- - ------. --- - -- - -- . . . ~ . COUNTY OF HAWAII STATE OF HAWAII BILL NO. 294 (Draft 3) ORDINANCE NO. 97 9 AN ORDINANCE AMENDING SECTION 25-95E (LALAMILO - PUUKAPU ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HA WAIl COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO SINGLE F AMIL Y RESIDENTIAL (RS-15) AT W AIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-5-08:32. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA WAIl: SECTION 1. Section 25-95E, Article 3, 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 Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-15): Beginning at the north comer of this parcel of land, being the east comer of Lot 12-B and on the southwesterly side of Lot II-B-2, a portion of Grant 6283 to J. Vierra, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 137.46 feet North and 2,987.77 feet West, thence running by azimuths measured clockwise from True South: 1. 3250 09' 346.60 feet along Lot ll-B-2 and Lot ll-B-l, being portions of Grant 6283 to J. Vierra; 2. 550 09' 200.00 feet along Hokuula Road; 3. 1450 09' 346.60 feet along Lot 6, Lot 7 and Lot 18, being portions of Grant 7244 to Manuel Vierra; 4. 2350 09' 200.00 feet along Lot 12-B to the point of beginning and containing an area of 69,320 square feet or 1.591 acres. ~J-~__u_mu- . ... . All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of the change of zone ordinance. 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. The driveway access(es), including the provision of adequate sight distance at Hokuula Road, shall be constructed in a manner meeting with the approval of the Department of Public Works. E. All grading and grubbing activities shall meet with the approval of the Department of Public Works. F. Drainage improvements shall be constructed in a manner meeting with the approval ofthe Department of Public Works prior to the issuance of Final Subdivision Approval. G. ,The wastewater treatment and disposal system shall meet with the approval of the Department of Health. -2- . , . H. Fire apparatus access roads and a water supply capable of supplying required fire flow for fire protection shall be installed and approved by the Fire Department prior to the issuance of Final Subdivision Approval. I. Restrictive covenants in the deeds of all the proposed residential lots shall prohibit the construction of an ohana dwelling or a second dwelling unit on each lot. A copy of the covenant with this requirement shall be submitted to the Planning Department for review and approval prior to Final Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County prior to Final Subdivision Approval for any portion of the subject property. The Planning Director shall promptly deliver such document for the Bureau of Conveyances for recordation. A copy of the recorded document shall be filled with the Planning Department upon its receipt from the Bureau of Conveyances. J. Should any unidentified sites or remains such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or walls 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 sufficient mitigative measures have been taken. K. 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 and disposal facilities, and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residentiallo~s proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. Ifthe subject -3- . . 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 contribution may be in a form of cash, land, facilities, or any combination thereof acceptable to the director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $7,239.16 per lot. Based upon the applicant's representation of intent to subdivide and develop up to four (4) residential lots, the indicated total fair share contribution is $14,478.32, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition K. The fair share contribution shall be allocated as follows: 1. $3,490.85 per lot for an indicated total of $6,981.70 to the County to support park and recreational improvements and facilities; 2. $168.40 per lot, for an indicated total of $336.80 to the County to support police facilities; 3. $332.61 per lot, for an indicated total of $665.22 to the County to support fire facilities; 4. $145.62 per lot, for an indicated total of $291.24 to the County to support solid waste facilities; and 5. $3,101.68 per lot, for an indicated total of $6,203.36 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of -4- . . paying the fair share contribution, the applicant may construct and contribute land, 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. For purposes of administering Condition K, 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 the review and approval of the director, upon consultation with the appropriate agencies. L. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the Office of Housing and Community Development that the applicant's affordable housing requirements, if any, have been mutually agreed to prior to Final Subdivision Approval for any portion of the subject property. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the easements of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. Comply with applicable laws, rules, regulations and requirements of other affected agencies for approval of the development. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. 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 (Le., a condition to be performed within one year may be extended for up to one additional year). P. 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: d-u. · .l1,... ~ - COUNC~, CO~Y OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: December 18, 1996 December 18, 1996 January 8, 1997 January 20, 1997 APPROVED AS TO FORM AND LEGALITY -Q(}~U-~~-~ DfPUrtCORPORATION COUN.5Ef997 """ h-=..:IDATED: JAN , 7 -6- o I L:.:C;r I e-?$ A-Ia AMENDMENT' TO THE A.la \\ \ &\ A.~ A-Ia o >- w (/) o z ::i W.,m611 Plld A-I. A-I. ~ I I I I I ! I A-I. ., , 37.46 N 2.987.77 E ''WEST BASE" &. A-I. A-I. ROAD A-Ia AGRICULTURAL (A-1 a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AREA: 1 .591 ACRES A-I. 15 . 1.~ A-I. ROAD A.la ZONING CODE AMENDING SECTION 25-95E (LALAMILO - PUUKAPU ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-1 a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT WAIMEA, SOUTH KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF' HAWAII TMK : 6-5-08:32 EXHIBIT "A" JUNE 7. 1996 (KAMUELA FARMS) m Introduced By: Date Introduced: First Reading: Published: REMARKS: . OFFICE ~F TH~ COIDlTY CLERK- County of Hawaii Hila .I Hawaii 0 C (' r:.. ! '. ! ;:- p :\_-_\~}:~- j,.~~-' (D, Takashi Ianinga December la, 1996 Decanber 18. 1996 N/A ROLL CALL VOTE < ~'AVts ASS EX ...... . L ~ J A'l! Arakaki Chung Leithead-Todd Ray Reynolds Santangelo Smith Tyler Yagon x X X X X X X X Second Heading: To Mayor: Returned. Eff~'Ctive: Published REMARKS: (DRAFT 3) January 8. 1997 January 13, ]q97 January 21, 1997 January 20,. 1997 --January 28, 1997 ROLL CALL VOTE AYES NOES I ASS E~ Arakaki X I Chung X -- Leithead-Todd x Ray X Reynolds X 2~nt~gelo_ X Smith X Tyler X YaQ:lJng X -- 9 0 0 I 0 r DO HEREBY CERTIFY thatthe foregoing BILL was adopted by the County Council and published as intJicttted above. APF9;..,.,....."'" th;, of \ ~~w:!:- &~~ COUNTY CLERK 20 . 19 <17 day 294 (Draft 3 ) C-1271.03/PC-175 97 9 Bill No.: Refermce: Ord. No.: