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HomeMy WebLinkAboutORD 1994-020 1992-1994 COUNTY OF HAWATIN #~,, =STATE OF HAWAII BILL NO. ~ ~ ~ (DRAFT 4 ) ORDINANCE NO. 9~ 20 AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-01:18, 74 AND 75. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95A, 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 Ouli, South Kohala, Hawaii, shall be Agricultural (A-la): Beginning at the Northeast corner of this parcel of land, on the southerly side of Kawaihae Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA", being 12,414.12 feet North and 18,767.52 feet West, thence running by azimuths measured clockwise from true South: 1. 344° 06' 48" 2,375.23 feet along Lots 33, 32, B, 31, 29 and 28, ANEKONA ESTATES SUBDIVISION, portion of R.P. 2237, L.C.Aw. 8518-B, Apana 1 to James Young Kanehoa; Thence, along the Government Land of Lalamilo, along the middle of Keanuiomano Stream for the neat three (3) courses, the direct azimuths and distances being: 2. 36° 44' 1,398.00 feet; 3. 45° 20' 1,308.00 feet; 4. 80° 10' 1,080.00 feet; 5. 111° 00' 1,084.00 feet along the Government Land of Lalamilo; 6. 66° 55' 30" 1,523.20 feet along the Government Land of Lalamilo; Thenc e, al ong the remainder of R.P. 2237, L.C.Aw. 8518-B, Apana 1 to James Young Kanehoa, along the middle of a stonewall for the nett five (5) courses, the direct azimuths and distances between points on said wall being: 7. 178° 37' 30" 452.20 feet; 8. 173° 10' 10" 356.70 feet; 9. 167° 48' 10" 912.10 feet; 10. 167° 30' 10" 1,109.70 feet; 11. 167° 51' 40" 1,105.55 feet; 12. Thenc e, al ong the southerly side of Kawaihae Road on a curve to the right, with a radius of 656.30 feet, the chord azimuth and distance being: 292° 19' 59.42 feet; 13. 294° 54' 40" 16.65 feet along the southerly side of Kawaihae Road; 14. Thenc e, along the southerly side of Kawaihae Road on a curve to the left, with a radius of 500.80 feet, the chord azimuth and distance being: 288° 12' 10" 117.00 feet; 15. 191° 29' 40" 30.00 feet along the southerly side of Kawaihae Road; -2- 16. Thence, along the southerly side of Kawaihae Road on a curve to the left, with a radius of 470.80 feet, the chord azimuth and distance being: 263° 27' 40" 291.49 feet; 17. 245° 25' 40" 62.79 feet along the southerly side of Kawaihae Road; 18. 335° 25' 40" 20.00 feet along the southerly side of Kawaihae Road; 19. 245° 25' 40" 100.00 feet along the southerly side of Kawaihae Road; 20. 155° 25' 40" 20.00 feet along the southerly side of Kawaihae Road; 21. 245° 25' 40" 400.00 feet along the southerly side of Kawaihae Road; 22. 335° 25' 40" 20.00 feet along the southerly side of Kawaihae Road; 23. 245° 25' 40" 170.00 feet along the southerly side of Kawaihae Road; 24. 155° 25' 40" 20.00 feet along the southerly side of Kawaihae Road; 25. Thence, along the southerly side of Kawaihae Road on a curve to the right, with a radius of 543.00 feet, the chord azimuth and distance being: 263° 47' 10" 342.05 feet; 26. 282° OS' 40" 88.12 feet along the southerly side of Kawaihae Road; 27. Thence, along the southerly side of Kawaihae Road on a curve to the left, with a radius of 746.30 feet, the chord azimuth and distance being: 268° 54' 10" 341.89 feet; 28. 255° 39' 40" 77.52 feet along the southerly side of Kawaihae Road; -3- 29. Thence, along the southerly side of Kawaihae Road on a curve to the right, with a radius of 1,880.00 feet, the chord azimuth and distance being: 260° 48' 25" 337.24 feet; 30. 265° 57' 10" 118.24 feet along the southerly side of Kawaihae Road; 31. Thence, along the southerly side of Kawaihae Road on a curve to the left, with a radius of 5,760.00 feet, the chord azimuth and distance being: 264° 04' 10" 378.60 feet; 32. 262° 11' 10" 1,667.05 feet along the southerly side of Kawaihae Road; 33. Thence, along the southerly side of Kawaihae Road on a curve to the left, with a radius of 5,760.00 feet, the chord azimuth and distance being: 257° 52' 25" 866.26 feet to the point of beginning and containing an area of 458.236 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 applicant, its successors or assigns be responsible for complying with all of the stated conditions of approval; (B) the applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or -4- omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this ordinance or relating to or connected with the granting of this ordinance; (C) the effective date of the rezoning, except as otherwise conditioned in the following subsections, shall be (1) when the applicant provides assurance satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity has (have) been established within two years from the enactment of this ordinance; provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planing Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of a proven source and its water transmission and distribution system within one year for the official date of compliance with Condition C (1); provided that a one-year extension may be granted by the Planning Director with reasonable and sufficient justification; (D) the plans for the proposed subdivision shall be submitted to the Planning Director within three (3) years from the effective date of the rezoning. The proposed subdivision shall not exceed a maximum limit of 225 one acre sized lots. Upon granting Final Subdivision Approval of these -5- lots, the Planning Director may initiate an amendment to the zoning of the golf course into a more appropriate zoning classification; (E) a detailed Historic Preservation Plan shall be submitted to be reviewed and approved by the Planning Department, in consultation with the State Department of Land and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision review. This Plan shall consist of a detailed archaeological data recovery plan (scope of work with research design) an a detailed preservation plan. The Planning Department and the State of Hawaii's Historic Preservation Division shall verify in writing the successful execution of the plan, prior to land altering activities in the area of historic sites. Proposed mitigation treatment (preservation in place or disinterment/reinterment) for burial sites must be approved by the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites; (F) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, paving, or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (G) access to the property from Kawaihae Road shall meet with the approval of the Department of Transportation, Highways Division and the -6- interior roadways shall comply with the roadway standards of the Department of Public Works; (H) to ensure the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the County Housing Agency, upon the recommendation of the Office of Housing and Community Development, that the applicant's affordable housing requirements, if any, have been agreed to prior to the issuance of Final Subdivision Approval; (I) as represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances 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 and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; (J) an overall landscaping master plan, which includes landscaping along the property's. frontages along Kawaihae Road and a program for the maintenance of the landscaping master plan, shall be submitted to the Planning Director for review and approval, in consultation with the Chief Engineer prior to the issuance of final subdivision approval and/or final plan approval, whichever occurs first; (K) The applicant shall consider installation of bike lanes throughout the project as a means of addressing pedestrian and bicyclist safety; (L) to -7- ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall formulate a recreational plan to address the impacts of the project for review and approval by the Planning Department, in consultation with the Department of Parks and Recreation prior to submitting plans for subdivision of any portion of the subject property. The recreational plan shall be consistent with Chapter 8 Article 1, Park Dedication Code. The implementation of the Recreational Plan shall be completed in conjunction with each phase of development of the subject property; (M) a drainage system shall be installed meeting with the approval of the Department of Public Works; (N) that a Solid Waste Management Plan meeting with the approval of the Department of Public Works shall be submitted prior to Final Subdivision Approval of the proposed development; (O) the applicant shall construct all on site and off site sewer system improvements required by the Department of Public Works and State Department of Health; (P) In lieu of actual construction of improvements as required in Conditions G, L and N, the applicant may enter into an agreement with the Planning Department to assure the County that the infrastructural improvements will be constructed by way of development agreement, surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the proposed development may be -8- granted prior to the actual construction of required infrastructual improvements; (Q) the applicant shall provide its fair share contribution to address regional impacts of the project with respect of fire, police, solid waste disposal facilities, and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if dwelling unit counts are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). A pro rata portion of the contribution, based upon the density shall become due and/or payable, at the discretion of the County in the event the applicant conveys an ownership, leasehold, or controlling development interest in the affected land prior to receiving its initial subdivision approval of the proposed development. Otherwise, said contribution shall be satisfied in conjunction with the receipt of final subdivision approval as the case may be, of the proposed development. The fair share contribution for each residential unit shall be based on the maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contributions in a form of cash, land, facilities, or any combinations thereof shall have the following maximum value: (1) $71,096 for fire protective services; (2) $35,996 for police protective services; (3) $662,985 to support state and county road and traffic -9- improvements within the South Kohala region; (4) $31,127 to support county solid waste disposal functions within the West Hawaii region. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities meeting with the approval of the appropriate agency. Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructual impact contributions; (R) should any infrastructure improvements related to the Waimea-Kawaihae Road be required of future developers, the applicant, its successors or assigns of the subject property shall pay for their pro rata share of improvements, as determined by the Planning Director. The pro rata share determination and implementation shall be approved by the Planning Department in consultation with the Department of Public Works and shall be credited to the applicant's state and county road and traffic improvements as required under Condition Q; (S) In the event that the State Department of Education adopts an educational facilities impact fee program, the applicant shall participate; (T) comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, and the Department of Water Supply; (U) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the ordinance. The report shall include, but not be limited to, -10- the status of the development and to what eatent 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; (V) should the council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; and (W) 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, 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; 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); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or -11- substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of the 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: ~~ ~f/~ ~~ COUNCIL MEMB COUN F HAWAII Hilo, Hawaii Date of Introduction: January 26, 1994 Date of 1st Reading: January 26, 1994 Date of 2nd Reading: February 9, 1994 Effective Date: February 22, 1994 APPROVED AS TO FORM AND LEGALITY: ~ C RPORATION COUNSEL DATED : .Z l ~ ~r ` g -12- A-4oq A-4oq A `FOq z~ P t WAHINE Q GUIO~ K - A-4oq tc A W Al>yAa -~ ROAb ~~ ~, '~,~ P U u K A YV A l W A 1 ~h,~ 4oq r A-4oe ,~NI~@ /. . Q / ~ ~ u N P t_ A_N-N B o (u) ~ ~~~ L'9Nb M'91p,~ ~ Puu6 PA ~A / @ ~- A-4oq / \..~T A UNI°I..ANNED ~U TO ~, ~ Oko, 9 q _ ~iAGRICULTURAL (A-Ia); '~'9 ti® ~q AREA = 9s6.2a6 ACRES e ~ r' /i/ j/// j j//~ ~~// / Sri ~ I ~P`~~ / o '~ ,~%/~/iii ,/ yam, _ ~A ii ~ ~ji ,~i~ v -, _ -' b _ ~~ ~ KEANUIO MANO V ___~ ~ ~~~~i ~~ ~ STREAM ~"~ u N p L A N N~ ~ (U~ L A L A M I L. O yvA1MEq ~ ~qW- o~~ ~oP P V N p L A N N E o (U) AMENDMENT TO .T-WE ZONING CODE AMENDING 5lcCTioN ~5-95 A (NORTH Al`1D SouTH KOHALA DISTRICTS ZOMC N1A1°) ARTICLC ~, CHAp7'E1'Q ~5 (ZONiN6 CODO`~ OF TH'` HA1Nf~t1 COUNT7' COt7E, BY GHANC-~ING 1'"HE 1718TRiC'T' CI..ASSIFICATTOPI FiQOM UNPLANNE'P (U) Tfl AGI?IcuLT~tRAL ~A-let) AT Oul..t, souTtt KoHf~L-A, HAWAII_ pRePARCp BY F~-ANhtING pEpARTMENT COUNTY op HAWAtI TMK 6-2-ot = t6, 74 ANO 75 oCT- t°J, 1°~°-~~ EXHIBIT „N11 (NAN JAY HA1"lAll, ANC.)