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Home My WebLink AboutORD 1995-098 1994-1996COUNTY OF HAWAII < <'`:` S;'rATE OF HAWAII BILL NO. 93 (Draft 4) ORDINANCE NO. 95 98 AN ORDINANCE AMENDING SECTION 25-103 (PUMA DISTRICT ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-la) AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-6-03:10. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-103, 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 Keaau, Puna, Hawaii, shall be Agricultural (A-la): Beginning at the east corner of this parcel of land and along the southerly side of Keaau-Pahoa Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA", being 3,433.98 feet North and 8,374.26 feet East, thence running by azimuths measured clockwise from true South: 1. 52° 18' 2,096.03 feet along the remainder of R.P. 7223, L.C. Aw. 8559-B, Ap. 16 to William C. Lunalilo; 2. 142° 18' 1,050.10 feet along Lot A-18-A-2-B, Land Court Application 1053; 3. 232° 18' 1,478.70 feet along Lot A-18-A-2-B, Land Court Application 1053; 4. 320° 25' 345.00 feet along the remainder of R.P. 7223, L.C. Aw. 8559-B, Ap. 16 to William C. Luna lilo (L ot 10-A); 5. 298° 30' 118.95 feet along the remainder of R.P. 7223, L.C. Aw. 8559-B, Ap. 16 to William C. Lunalilo (Lot 10-A); 6. 228° 00' 154.17 feet along the remainder of R.P. 7223, L.C. Aw. 8559-B, Ap. 16 to William C. Lunalilo (Lot 10-A); 7. 232° 00' 400.00 feet along the remainder of R.P. 7223, L.C. Aw. 8559-B, Ap. 16 to William C. Lunalilo (Lot 10-A); 8. 321° 54' 610.13 feet along Keaau-Pahoa Road to the point of beginning and containing an area of 44.341 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, successor or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the subdivision development shall be secured within five years from the effective date of this change of zone ordinance. As represented by the applicant, the proposed subdivision shall not exceed a maximum of 36 lots (includes the visitor center lot). C. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the project with respect to parks and recreation, fire, police, solid waste disposal facilities, and roads. The fair share contribution shall be initially based -2- on the representations contained within the change of zone application and shall be increased or reduced proportionally if the lot counts are adjusted. The total fair share contribution or its proportionate amount based upon incremental subdivision shall be due and payable prior to final subdivision approval of each increment of the subject property. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities, or any combination thereof acceptable to the director, in consultation with the affected agencies shall have a maximum combined value of $253,370.60. The fair share contribution shall be as follows: 1. $122,179.75 to the County to support park and recreational improvements and facilities; 2. $5,894.00 to the County to support police services and facilities; 3. $11,641.35 to the County to support fire services and facilities; 4. $5,596.70 to the County to support solid waste facilities; and 5. $108,558.80 to the State or County to support road and traffic improvements. The fair share contribution described above shall be adjusted annually beginning three years after the -3- effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). In lieu of paying the fair share contribution in cash, the applicant may construct such facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads. The cost of constructing the improvements required in Condition G shall be credited against the sum specified in Condition C(5) for road and traffic improvements. For purposes of administering Condition C, the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director, upon consultation with the appropriate agencies. Any improvements constructed by the applicant to satisfy this condition shall be located within the region impacted by the proposed development. D. Restrictive covenants in the deeds of all the subdivided lots shall: 1. Require that all uses established on the lots be in conformance with the requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code (Zoning Code); 2. Prohibit the construction of an ohana dwelling or a second dwelling unit on each lot until the completion of the Keaau-Pahoa Bypass; and -4- 3. Disclose to all lot owners within the subject property that the 50-foot wide roadways which extend to the southeast and southwest boundaries of the subject property shall be dedicated to the County upon the mayor's request. 4. Provide that pursuant to Condition E of this ordinance, the applicant and all lot owners shall consent to the dedication of such roadway lots and agree to execute any documents and perform any acts necessary to accomplish said dedication. A copy of the covenants with the above requirements shall be submitted to the Planning Department for review and approval and a copy of the approved covenants shall be recited in an instrument executed by the applicants and the County prior to final subdivision approval for any portion of the subject property. The Planning Director shall promptly deliver such document to the Bureau of Conveyances for recordation. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. The applicant shall provide county-dedicable standard 50-foot wide roadways extending to the southeast and southwest boundaries of the property meeting with the approval of the Department of Public Works and which shall be dedicated to the County upon the mayors request. -5- F. 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 Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. G. Prior to Final Subdivision Approval or issuance of a certificate of occupancy for commercial facilities permitted under any special permit, whichever occurs first, the applicant shall: 1. Install street lights and appropriate safety rails or features at the Keaau-Pahoa Road intersection near the subject property meeting with the approval of the Department of Transportation-Highways Division; 2. If deemed appropriate by the Department of Water Supply in consultation with the Department of Public Works, relocate the existing public water pipe stand shall to a location along and within the Keaau-Pahoa Road right-of-way. H. 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. -6- I. 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 applicant, successors or assigns, and that are not the result of its 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; and 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). J. 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. This recommendation does not, however, sanction the specific plans submitted with the application as -7- they may be subject to change given specific code and regulatory requirements of the affected agencies. 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: COUNCIL MEMBE COUNT~~ WAII Hilo, Hawaii Date of Introduction: June 20, 1995 Date of 1st Reading: August 2, 1995 Date of 2nd Reading: August 16, 1995 Effective Date: August 23, 1995 L /J/ m 7 ~, ... ~:.. 1 d fs ' I G~~~~K JF H~.v~/,III `~'~ ~~- Date ----" ------`'-~ 5-----------....._.. -8- O°3aO A Ic \ r~ `p r'ry (f-(' rof F ~ON~G \ ~t A-'~° O O P A-1 ° J J ~ ~~ ~Q ~~ ,C~p ,i R j U~o /'~ A-1° LOTS. y P8 w dAp~U A-2o° ~. rt R-1• A-Ia R-2oq /, 9~o°2°S' / A-2o° 34.°J-op ~2~J6° 3e' 292° iB ~+ 1.470-70 116.99 -x'26° eo' 1 X14-17 A ~O ~ ~~e.oo mo m 'm t A-1ce ~~ c '- ~,- ~+~ ~ G7o_1 32° I6~ ~ 2,o96.e0 +~+~ 4`93-96 N R+2o° 1 D _~~ ~ D a A-'2C~ NUMgNH A-20~ t>Ofa°T~' Q AGRiCU LTURAL (A -2oe~) o°n,~r°~ 'T'o AdRtCULTUR.RL (A-l eat) AREA ~ 44.341 AcRE4 " ~°" { - . AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-103 (pUNA DISTRICT ZONE MA1°) A12TICL.E 3, CHAPTER ~5 (ZONING CODE) OF -rI-IE HAWAII COUNTY C017C' BY CHANC3ING THE i715TR1CT CLA551FICATION I=RON AGIQICULTU/QAL (,q-2oa) To AG-QtCtlt_TURAr- (A-la) AT 1CEAAU, pUNA, HAWAII. PREt°ARED 13Y PLAtYNtN6 t7EpARTMEiVT CoutvTY of 1-fAWAtt Tt~-1 K = t-6-off to .4PRlL 4, 1195 EXHIBIT 11/ili ~ZANE pEVE!_QPMBNT GROUP, INC-~ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii (DRAFT 41 Introduced By: Takashi Domingo Date Introduced: June_ 20, 1995 First Reading: August 2, 1995 Published: N/A REMARKS: Referred back to Planning Committee - 06/20/95 Second Reading: Aucr ust 16, 1995 To Mayor: Aug ust 17, 1995 Returned: Aug ust 29 1995 Effective: Aug ust 23, 1995 Published Aug ust 31, 1995 REMARKS: I DO HEREBY C l:a* r~S^+++; indicated above APPROVED as to FORM and p.EG COR~O(tAT10N COUNSEL 'COUNTY OF HAWAIO AUG 2 2 1995 Data Appro~v}e~d~~/~ ° f `'""~ this day 19~. /~/ YOR, CO OF HA WAIL ROLL CALL VOTE AYES NOES ABS EX Arakaki Bonk-Abramson }{ Childs X De Lima }~ Domingo }{ Osorio }{ Rath }{ Ray X Smith }{ 6 2 1 0 ROLL CALL VOTE AYFS NOES ABS EX ~~ X Bonk-Abramson X Childs De Lima Domingo }{ Osorio X Rath }{ ~Y X Smith X 7 2 0 0 adopted by the County Council and published as COUNCIL CHAIRMAN COUNTY CLERK BitlNo.: 93 (Draft 4 Reference: C-400/PC-49: PC-61 Ord No.: