HomeMy WebLinkAboutBIL 017 Draft 02 1996-1998 ~ ;i
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 17
(Draft 2)
ORDINANCE NO.
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 FAMILY RESIDENTIAL (RS-10) AT WAIMEA, 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-10):
Beginning at the East comer of this pazcel 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. 55° 09' 471.70 feet along Grant 7246 to Sam Kaapuni;
2. 114° 20' 119.80 feet along Grant 6302 to K. Lindsey;
3. 232° 46' 30" 438.50 feet along remainder of Grant 6295 to J.
Lindsey, Jr.;
4. 325° 09' 81.06 feet along remainder of Grant 6295 to J.
Lindsey, Jr.;
5. 235° 09' 95.00 feet along remainder of Grant 6295 to J.
Lindsey, Jr.;
6. 325° 09' 40.00 feet along the Southwesterly side of Lindsey
Road to the point of beginning and
containing an azea of 49,700 squaze feet.
All as shown on the map attached hereto, mazked 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 wi h'
subject cone 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 [in a manner] 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 [site]
cs
bjgct
nrooerty.
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 [site] subject property. Any drainage improvements
shall also meet State Department of Health, State Department of Transportation
and National Pollutant Discharge Elimination System standards.
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H. Should any unidentified sites or remains such as artifacts, shell, bone or
charcoal deposits, human burials, rock or coral aligtunents, 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.
j, Should anv oft ropoc d lot wi hip h s ~bjrct propgl(y be subdivided into
aonroXLmate_1~10 000 cauare foot lots restrictive covenants in the deeds of all
such lots shall prohibit the construction of an ohana dwelling or a second dwelline
unit on each lot A ro~v of the covenants with this requirement shall be submitted
to the Planning Director for review and approval and a copv of the approved
covenant shall be recited in an instrument executed b~he applicant and the
ounty in conjunction with final subdivision approval for any portio_
n~f
the_
~i
j~_pronertv A copy of the recorded document shall be filed with the
Planning_Director upon its receiphfrom the Bureau of Conveyances.
J. To encore that the goals and policies of the Housing~lement of the General Plan
are implemented the applicant shall secure the concurrence of the Office of
Housing~nd CommuniSy Development that the applicant's affordable housine
requirements if a~ have been mutu~](y aereed to prior to Final Subdivision
Apuroval for an~portion of the subiect nronertv
g, The applicant shall make its fair share contribution to mitigate the potential
r~iona] impacts of the subjg~t
nropg[~v with respect to narks and recreation. fire.
police solid waste disposal facilities and road Tha amount ~f the fair shaze
rnnrrihutinn shall be the sum which is the product of multiplYillp the number of
residential lot~~nosed to be subdivided bXthe amounts allocated herein elow
for each such lot and shall become due and oavable prior to final subdivision
approval for anKportion of the sub,~ect pronert~or its increments If the subiect
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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 aonroval of each increment
shall be a sum calculated in the same manner according to the nu-tuber of prop
nosed
residential lots in each such increment The fair share contribution may be in a
form of cash land facilities or any~ombination 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 ~r lot Based upon the annlicant's
fgpresentation of intent to subdivide and develop un to two residential lots the
indicated total fair share contribution is $7.239.16 however. tb_e 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. 490 8 per lot for an indicated total of $3,490.85 to the County to
,c~~,onort park a_nd recreational improvements and facilities:
2, 168 40 pPr lot for an indicated total of $168.40 to the County~o
~upnort
police facilities:
61 pPr lot for an indicated total of $332.61 to the County to
~nnort fire facilities:
4, 14 6 p r to for an indicated total of $145 62 to the County [o
,cyrpnort solid waste facilities: ar d
~ 101 6~per lot for an indicated total of $3,101.68 to the State or
o my tO Cllpport road and traffic improvements.
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The fair chare contributiotL describ.~ above shall be adi>;,,ted annually
j~ggi Wing thre~rearc after the effective date of the chanee of zone. based on the
p~rrenraoe ohanve ;n the Honolulu ons Amer Price Index jHCPIi In lieu of
naff=ing the f^ir chare contribution t_he applicant may construct and contribute
land imoroveme~~/facilities related harks
nd~ recreation fire police. solid
~aacte dicnosal f^cilitiec and roads within the region ' y~nronoced
develoDment,,,c.~bi~ct to the aapproval of he director For purooses of
adminicterine Condition K the fair market value of land contributed or the cost
ofof anv
imnrovementc required or made in lieu of the fair chare contribution
shall be cubiect to the reviev~ and approval of he director. neon consulLtion
wi h he appropriate encies.
A solid Waste R~anagpm nt PI n for he the~rop~ development within the
~1~ nronertv shall b~
pr1enared by the anpli n prior to Final Subdivision
Approval meeting with the approval of the Depfl11A1ent of Public Works.
[I]lk. 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.
[J]AI. 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.
-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 may be extended for up to one additional year).
[K]Q. Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the development ~=nthin the subigct plop r v.
[L]l?. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the [area] .c_~
bjg~t property to its
original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
-6-
.
.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
Rf:ffRfhlCf& Ccmm. 62.01
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-95E (LALAM4L0 - 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-10) AT WAIMEA, SOUTH
KOHALA, HAWAII.
PREPARED HY PlANN1NG DEPARTMENT
COUNTY OF HAWAII
I TMK 6-5-7: 25 NOVEMBER 21, 1996
EXHIBIT "A'• MwAE«cc ~ snve«s)
C. 6z/3-I7 ~