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Home My WebLink AboutBIL 017 Draft 03 1996-1998 ~/ . 'J.,.... _;. . COUNTY OF HAWAII STATE OF HAWAII BILL NO. 17 (Draft 3) ORDINANCE NO. 97 24 AN ORDINANCE 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-la) TO SINGLE F AMIL Y RESIDENTIAL (RS-I0) AT W AIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-5-07:25. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: 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-I 0): Beginning at the East comer of this parcel of land on the Southwesterly side of Lindsey Road, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 983.39 feet South and 3,133.41 feet West and running by azimuths measured clockwise from true South: 1. 550 09' 471.70 feet along Grant 7246 to Sam Kaapuni; 2. 1140 20' 119.80 feet along Grant 6302 to K. Lindsey; 3. 2320 46' 30" 438.50 feet along remainder of Grant 6295 to J. Lindsey, Jr.; 4. 3250 09' 81.06 feet along remainder of Grant 6295 to J. Lindsey, Jr.; 5. 2350 09' 95.00 feet along remainder of Grant 6295 to J. Lindsey, Jr.; 6. 3250 09' 40.00 feet along the Southwesterly side of Lindsey Road to the point of beginning and containing an area of 49,700 square feet. . t . 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 within the subject property 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 Lindsey Road, shall be constructed meeting with the approval of the Department of Public Works. E. All grading and grubbing activities and drainage improvements shall meet with the approval of the County Department of Public Works. F. The wastewater treatment and disposal system shall be designed in accordance with Department of Health regulations, and shall be installed prior to the issuance of a Certificate of Occupancy for the first new building on the subject property. G. A drainage system which meets with the approval of the Department of Public Works shall be installed prior to issuance of Certificate of Occupancy for the first new building on the subject property. Any drainage improvements shall -2- . . also meet State Department of Health, State Department of Transportation and National Pollutant Discharge Elimination System standards. H. 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 (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. I. Should any of the proposed lots within the subject property be subdivided into approximately 10,000 square foot lots, restrictive covenants in the deeds of all such lots shall prohibit the construction of an ohana dwelling or a second dwelling unit on each lot. A copy of the covenants with this requirement shall be submitted to the Planning Director for review and approval and a copy of the approved covenant shall be recited in an instrument executed by the applicant and the County in conjunction with final subdivision approval for any portion of the subject property. A copy ofthe recorded document shall be filed with the Planning Director upon its receipt from the Bureau of Conveyances. 1. 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. 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 disposal facilities, and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of -3- . . residential lots 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. If the subject 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 ariy combination thereof acceptable to the director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $3,748.31 per lot. Based upon the applicant's representation of intent to subdivide and develop up to two residential lots, the indicated total fair share contribution is $3,748.31, 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. $168.40 per lot, for an indicated total of $168.40 to the County to support police facilities; 2. $332.61 per lot, for an indicated total of $332.61 to the County to support fire facilities; 3. $145.62 per lot, for an indicated total of $145.62 to the County to support solid waste facilities; and 4. $3,101.68 per lot, for an indicated total of $3,101.68 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 -4- . . percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute land, improvements/facilitie~ 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. A Solid Waste Management Plan for the the proposed development within the subject property shall be prepared by the applicant prior to Final Subdivision Approval, meeting with the approval of the Department of Public Works. 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. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. 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. -5- . " -~~ . 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 may be extended for up to one additional year). O. Comply with applicable laws, rules, regulations and requirements of other affected agencies for approval of the development within the subject property. P. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property 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. Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: February 7,1997 February 7,1997 February 19, 1997 February 27, 1997 APPROVED AS TO FORM AND LEGALITY DEPUTY ~~\Z~CW~ CORPORATION COUNSEL fEB 2 4 1991-1 DATED: -6- ~, ~4' ~ " ~ ..:. l:t2 ~. ..... IJ<> '1 l?S - I"; ^ - I. ^ - I. l?S - 1.~ 983.39 S 3.133.41W "WEST BASE" & o o AGRICULTURAL (A-1 a) TO SINGLE FAMILY RESIDENTIAL (RS-10) AREA: 49,700 SQ. FT. ^ - I. Wa'..,a l?S - 1."; >- w (j) o 0 z :J ParA l?S . 1."; ^ - I. CV - 1."; " l?S - 1."; CV - 1."; itS, 7.!S AMENDMENT TO THE 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-la) TO SINGLE FAMILY RESIDENTIAL (RS-l0) AT WAIMEA, SOUTH KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF' HAWAII TMK : 6-5-7: 25 EXHIBIT "A" NOVEMBER 21. 1996 (LAWRENCE L. STEVENS) m