HomeMy WebLinkAboutBIL 096 Draft 03 1996-1998
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COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 96
(Draft 3)
ORDINANCE NO. 97 1.02
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HA WAIl
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO SINGLE F AMIL Y RESIDENTIAL (RS-15) AT KAHUA 1 ST,
NORTH KOHALA, HAWAII, COVERED BY TAX ,MAP KEY 5-9-01 :08.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classit,ication of property described hereinafter as
follows:
The district classification of the following area situated at Kahua 1st, North
Kohala, Hawaii, shall be Single Family Residential (RS-15):
Beginning at a point at the North comer of this piece of land, being also the East
comer of portion of Government land of Pahinahina and on the Southwesterly side of
Kawaihae Mahukona Road, Section II, Project No. A-270-0 1-62, the coordinates of
which referred to Hawaii State Plane Coordinate System, Zone 1 being 453,109.73 feet
North and 375,771.74 feet East, and running by true azimuths referred to the Meridian of
Government Survey Triangulation Station "PUU PILI" and measured clockwise from
South:
1. 3220 00' 30.5"
24.31 feet
along the Southwesterly side
of Kawaihae Mahukona
Road;
2. 520 00' 30.5"
20.00 feet
along the Southwesterly side
of Kawaihae Mahukona
Road;
3. 3220 00' 30.5"
550.00 feet
along the Southwesterly side
of Kawaihae Mahukona
Road;
4. 520 00' 30.5"
10.00 feet
along the Southwesterly side
of Kawaihae Mahukona
Road;
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5. 3220 00' 30.5" 100.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
6. 2320 00' 30.5" 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
7. 3220 00' 30.5" 400.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
8. 2320 00' 30.5" 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
9. 3220 00' 30.5" 500.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
10. 520 00' 30.5" 40.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
11. 3220 00' 30.5" 400.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
12. 2320 00' 30.5" 40.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
13. 3220 00' 30.5" 151.70 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
14. 260 03' 889.95 feet along Lot 9, as shown on
Map 4 ofLd. Ct. Cons. 129;
Thence along highwater mark (vegetation line) as of January 7, 1993 for the next
thirteen (13) courses, the direct azimuths and distances between points on said
highwater mark being:
15. 1360 21' 40" 516.93 feet;
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16. 1550 00'
17. 1280 30'
18. 1800 20'
19. 930 00'
20. 1540 05'
21. 1570 15'
22. 570 40'
23. 1760 35'
24. 980 00'
25. 1050 20'
26. 890 00'
27. 1500 20'
28. 2060 50' 35"
250.00 feet;
95.00 feet;
142.80 feet;
104.00 feet;
253.40 feet;
225.20 feet;
106.30 feet;
213.1 0 feet;
172.85 feet;
83.55 feet;
181.00 feet;
77.35 feet;
1,075.00 feet
along portion of the
Government land of
Pahinahina to the point of
beginning and containing an
area of37.880 acres, more or
less.
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 applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
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B. The applicant, its successors or assigns shall be responsible for complying with
all of the conditions of approval of the Special Management Area Use Permit
for the subject property.
C. The proposed development within the subject property shall consist of a
maximum of fifty residential lots (not including roadway or other such common
area lots). Final Subdivision Approval of the proposed residential subdivision
within the subject property shall be secured from the Planning Director within
five (5) years from the effective date of this ordinance.
D. Restrictive covenants in the deeds of all proposed residential lots within the
subject property shall prohibit the construction of a second dwelling unit on each
lot. A copy of the proposed covenants to be recorded with the Bureau of
Conveyances shall be submitted with the plans for subdivision to the Planning
Director for review and approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances in conjunction with the issuance of Final
Subdivision Approval.
E. In conjunction with Final Subdivision approval, the applicant shall construct the
necessary distribution pipeline, service laterals, and fire hydrants, meeting with
the requirements of the Department of Water Supply. No building permit for any
of the residential structures shall be issued until units of water are available and
committed to the subject property, as represented in the applicant's agreement
with the Kohala Ranch Water Company (formerly Kohala Joint Venture).
F. Access to the subject property from Akoni Pule Highway and any improvements
within the Akoni Pule Highway shall be constructed prior to Final Subdivision
Approval meeting with the requirements and approval of the State Department of
Transportation.
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G. Roadway connections to the adjoining parcel of the subject property's
southeastern boundary shall be provided meeting with the approval of the
Department of Public Works and shall be delineated on the final subdivision plat
map for the subject property.
H. All interior roadways within the subject property shall be constructed meeting
with the requirements of Chapter 23 of the Subdivision Code and with the
approval of the Department of Public Works.
I. All electrical and communication lines within the subject property shall be placed
underground.
J. A drainage study of the subject property, if required, shall be prepared for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed or
bonded meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
K. The applicant, its successors or assigns shall prepare a Solid Waste Management
Plan prior to securing Final Subdivision Approval for the proposed development
within the subject property meeting with the approval of the Department of Public
Works. A copy of the approved Plan shall be submitted to the Planning Director.
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.
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M. A Data Recovery Plan and Preservation Plan shall be prepared for the review and
approval by the Planning Director in consultation with the Department of Land
and Natural Resources-Historic Preservation Division (DLNR - HPD). Proposed
mitigation treatment (preservation in place or disintemmentJreintemment) for
burial sites within the subject property shall be approved by the Historic
Preservation Division's Hawaii Island Burial Council before detailed mitigation
plans are finalized for these sites. A copy of the approved Final Data Recovery
Plan and Preservation Plan shall be submitted to the Planning Director prior to
submitting plans for subdivision review and prior to any approval for any land
alteration permits.
N. 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-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 mitigative measures have been taken.
O. The applicant shall develop and submit a comprehensive public access plan for
the subject property for review and approval to the Planning Director, in
consultation with the Department of Land and Natural Resources in conjunction
with Final Subdivision Approval. The public access plan shall provide for
mauka-makai and lateral shoreline pedestrian accessways, public parking stalls for
users of the shoreline area, signage, and restrictions on use (if any). Such public
access improvements shall be completed prior to Final Subdivision Approval for
any portion of the subject property.
P. 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
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contribution shall be the sum which is the product of multiplying the number of
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
additional 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 fifty (50) residential lots, the indicated total fair share contribution is
$361,958.00, 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 P. The fair share
contribution shall be allocated as follows:
1. $3,490.85 per lot, for an indicated total of $174,542.50 to the County to
support park and recreational improvements and facilities;
2. $168.40 per lot, for an indicated total of $8,420.00 to the County to
support police facilities;
3. $332.61 per lot, for an indicated total of $16,630.50 to the County to
support fire facilities;
4. $145.62 per lot, for an indicated total of $7,281.00 to the County to
support solid waste facilities;
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5. $3,101.68 per lot, for an indicated total of $155,084.00 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
paying the fair share contribution, the applicant may construct and contribute
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. The cost of providing and
constructing the improvements required in Condition F shall be credited against
the sum specifIed in Condition P(5) for road and traffic improvements and
Condition 0 shall be credited against the sum specified in Condition P(I) for
parks and recreation. For purposes of administering Condition P, 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.
Q. In lieu of actual construction of infrastructural improvements as required under
Conditions E, F, H, J, and 0, the applicant may enter into an agreement with the
County to assure the County that the infrastructural improvements will be
constructed together with the appropriate bond, surety or other security deemed
acceptable by the Planning Director or appropriate agencies and approved by the
Corporation Counsel. Upon execution of such agreement and/or filing of the
security with the County, final subdivision approval for the subject property or
portions thereof shall be granted prior to the actual construction of required
infrastructural improvements.
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R. 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.
S. Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the proposed development within the subject
property, including the Department of Health.
T. An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the approval of the ordinance. The report shall include,
but not be limited to, the status of the development and to what extent the
conditions of approval are being complied with. This condition shall remain in
effect until all of the conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not required.
U. 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. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its 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.
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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).
V. 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.
INTRODUCED BY:
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CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
June 18, 1997
June 18, 1997
July 2, 1997
July 14, 1997
APPROVED AS TO FORM AND LEGALITY
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omit'( CORPORATION COUNSEL
DATED: 7/1'/97
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A - 20.
A - 20.
A - 20.
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A-20.
A - S.
A - S.
~ AKONI
To How;
453,109.73 N
375,771.74 E
.. HAWAII STATE PLANE
COORDINATE SYSTEM.
ZONE 1"
A - ~.
AGRICULTURAL (A-Sa)
TO SINGLE FAMILY
RESIDENTIAL (RS-15)
AREA: 37.880 ACRES
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) Of THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIfiCATION fROM AGRICULTURAL (A-Sa) TO SINGLE fAMILY RESIDENTIAL (RS-15) AT
KAHUA 1 ST, NORTH KAHALA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 5-9-01: 8
EXHIBIT "A"
APRIL 24, 1997
(GENTRY-PACIFlC.LTD.)
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