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Home My WebLink AboutBIL 075 Draft 02 1998-2000 _ ~i~ e~ ,4~ COUNTY OF HAWAI~~•kSTATE OF HAWAII ~~4,''~ BILL NO. 75 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO RESIDENTIAL AND AGRICULTURAL (RA-la) AT PUUA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-4-47:87. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-22, Article 8, 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 Puua, Puna, Hawaii, shall be Residential and Agricultural (RA-la): LOT 837 NANAWALE ESTATES SUBDIVISION-UNIT 1 (File Plan 700) Beginning at a point the south corner of this parcel of land being also the west corner of Nanawale Estates Subdivision Lot 779 at the northerly side of Holiday Road and running by azimuths measured clockwise from true South: 1. 107° 36' 522.00 feet along the northerly side of Holiday Road; thence along Holiday Road along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 2. 152° 36' 28.28 feet to a point at the easterly side of Flower Road; 3. 197° 36' 844.00 feet along the easterly side of Flower Road; thence along Seadrift Road along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 4. 242° 36' 28.28 feet to a point at the southerly side of Seadrift Road; 5. 287° 36' 522.00 feet along the southerly side of Seadrift Road; 6. 17° 36' 884.00 feet along Nanawale Estates Subdivision Lots 836, 817, 816, 800-A, 798 and 779 to the point of beginning and containing an area of 10.995 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 shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director. C. All new wastewater systems for each proposed lot within the subject property shall comply with the State Department of Health. D. Comply with all other applicable laws, rules and regulations and requirements of all affected agencies for the development of the subject property. The applicant shall make its fair share contribution to mitigate potential regional impacts of the subjg~project with respect to roads. parks and recreation. fire,.police and solid waste di~.posal facilities The amount of the fair share contribution shall be the sum which is the product of multjp~ying the number of residential lots proposed to be subdivided by the amounts allocated -2- h_ereinbelow for each such lot. and shall become due and payable prior to final subdivision approval for any portion of the subject proper or its increments. If the subject p~pe~ty is subdivided in two or more increments. the amount of the fair share contribution due and pg, ay ble prior to final subdivision annroval of each increment shall be a sum calculated in the same ma near r according to the number of proposed residential lots in each such increment. The fair share contribution. in a form of cash. land. facilities or filly combination thereof. acceptable to the director in consultation with the affected agencies. shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to ten (101 residential units. the indicated total of fair share contribution is $72 391 60 for single-family residential units. However. the total amount shall be increased or reduced in proportion with the actual number of urns according to the calculation and payment provisions set forth in Chic Condition E The fair share contribution shall be allocated as follows: L $3.490.85 per singl -fami y residential unit for an indicated total of .x,908.50 to the Counly to sup~Zpark and recreational improvements and facilities: $168.40 per single-family residential unit for an indicated total of $1,684.00 to the Counly t0 SUDpor police facilities: 61 peer single fami]ysesidential writ for an indicated total of P~~,326.10 to the County o ~pport fire facilities: 4, 145 6 p r i le-family residential aril for an indicated total of $1.456.20 to the County to support solid waste facilities: and 3 101 6$.per single-family residential unit for an indicated total of P,~1,016.80 to the State or County to support road and traffic -3- improvements. The fair share contributions described above shall be adiusted arLnually b~gln-Wing t r years after the effective date of the change of zone. based on the percentage change in the Honolulu Consumer Price Index (HCPIL lieu of p~}~ine 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 reg'oni 'mi pacted ¢y the proposed development. su ject to the approval of the director. Upon approval of the fair share contributions or in lieu contributions by the director. the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions. as allocated. and further implementation requirements. ~ Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees. conditions ;nrluded herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [E]li. 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 the time extension would not be contrary to the General Plan or Zoning Code. -4- 3. Granting of the time extension would not be contrary to the original reason for the granting of the change of zone. 4. The time extension granted shall be for a period of 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). [F]$. 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: J ~ - l~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ftEFERENC~ Gomm. 2y,~ 3 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- A - ~la A~ - Ya ~ ~ A - la OAHU , OPEN TO , ROAD ,~s ~ to zs - io RESIDENTIAL AND ~ ~ AGRICULTURAL (RA-1a) ~ AREA: 10.995 ACRES o ~ ~ MAUI ROAD o ,~s o o s ~ ~s-/o ~ ~ A-la SEADRI FT ROAD e i?s -/O SHELL ROAD SHELL ROAD A -la CHURCH ROAD CHURCH ROAD ,~s-/o ~f's - lO HOLIDAY ROAD w ~ o a ~ ~'s-lO = A -la NANAWALE BOULEVARD ,C's-lO ,f's - l O ,?s-lO /I -/a AMENDMENT TO THE ZONING CODE LOT 837, NANAWALE ESTATES SUBDIVISION - UNIT 1, (FILE PLAN 700) AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO RESIDENTIAL AND AGRICULTURAL (RA-1a) AT PUUA, PUNA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 1-4-47: 87 FEBRUARY 17, 1999 EXHIBIT ~~A~~ (NnNnww~E ESiniES COl