HomeMy WebLinkAboutORD 1997-009 1996-1998 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 294
(Draft 3)
9'7 9
ORDINANCE NO._
AN ORDINANCE AMENDING SECTION 25-95E (LALAMILO - PUUKAPlJ 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-15) AT WAIMEA, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 6-5-08:32.
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 Waimca, South Kohala,
Hawaii, shall be Single Family Residential (RS-15):
Beginning at the north corner of this parcel of land, being the east corner of Lot
12-B and on the southwesterly side of Lot 11-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. 325° 09' 346.60 feet along Lot 11-B-2 and l,ot 11-B-1, being
portions of Grant 6283 to J. Vierra;
2. 55° 09' 200.00 feet along Hokuula Road;
3. 145° 09' 346.60 feet along Lot 6, Lot 7 and Lot 18, being
portions of Grant 7244 to Manuel Vierra;
4. 235° 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.
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 of the 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.
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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 zt 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-EIistoric 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
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
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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 (HOPI). In lieu of
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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.
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2. Granting of the time extension would not be contrazy to the General Plan
or "Coning 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 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 pans of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL M BER, CO TY OF HAWAII
Hilo, Hawaii
Date of Introduction: December 18, 1996
Date of 1st Reading: December 18, 1996
Date of 2nd Reading: January 8, 1997
Effective Date: January 20, 1997
APPROVED AS TO FORM AND LEG\ALITY
p@p~~rCORPORATION COUN
DATED: JAN 1 91
-6-
A-la
A -.a
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t
A-la
A-la
5
A-la ~_ly
137.46 N
2,987.77 E
-ly "WEST BASE"' O
I
A-la
A-la A-la
k5-15
HOKUULA ROAD
A-la
A-la RS-7.5
AGRICULTURAL (A - 1 a )
~ 1O A-,, TO SINGLE FAMILY
o RESIDENTIAL (RS-15)
A-la ~
AREA: 1.591 ACRES
A-la
C^y A - la
O }
w
Walmaa ~
~ A-la
Z KS - 7.5
J
Park
KAPIOLANI ROAD
RS -1.5
O A-Is A-la
RS - 7.5
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-ta) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT WAIMEA, SOUTH
KOHALA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-5-08:32 JUNE 7, 1996
EXHIBIT "A.. C~utu FARMS)
OFFICE OF THE COil'.VTY CLERK
County of HaH'aii
_ Hilo ,Hawaii
(D ~ r
ROLL CALL VOTE
1 - AY - d ABS EX
Introduced 8y: Takashi Domingo _ Arakak[
X
I)ateInlroduced: Decanber 18• 1996 _ Chung X -
First Reading: Decsnber 18, 1996
Leithead-Todd X
Published: N/A Ray
REMARKS: Reynolds X_
Santangelo
_ _ Smith X
- Tyler X -
Yagor.o X
(DRAFT 3)
POLL CALL VOTE ~
Second Reading: January _8, 1997 - _ ~ AyES NOES ~ ABS E;:
TcK1a}'u:: January 13 1997 -L-
Returned. January 21, 1997__- Arakaki _ ~ X _
£ffec:ive: January 20, 1997 Chin-_
Published -January 28, 1997 _ Leithead-Todd _
Ray X- T -
RL'h1~ItKS: Reynolds X
Santangelo--- _ X - -
Smith _ X 111
- Tyler ~ X
~ Yagong X _ - _ .J
- ° ~ ~ i o
(DO HEREBY CERTIFY that ti:e foregoing BILL was adoyted by the County Council and p:~blished as
indicated a6oae.
i
``nnCIL CIIAIRhL4N
~C~ e~~
CO LINTY CLEIZ K
Apgruved/F)rswptrswwd this zd day
of _ ~ 19~!
i~
294 (Draft 3 )
`-'OR, CO1P F HAWAII Bifl No.: _
Reference: C-1271.03/PC-175
Ord. Nn.: .9 /