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Home My WebLink AboutBIL 075 Draft 03 1998-2000 ~N o; COUNTY OF HAWA`I~ ~ STATE OF HAWAII ~,yyC BILL NO. 75 (Draft 3) 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 azea 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 pazcel 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 azea of 10.995 Acres. 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 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. Restrictive covenants in the deeds of all Lhe proposed lotc wi hin he c,~biect pronerty shall prohibit the construction of a second dwelling unit on each lot. A cog oy f the proposed covenant(,g) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Anproval. -2- A copv of the approved covenant shall be recited in an in trument executed by the applicant and the Counly and recorded vii h he Burea ~ of Conveyances for acv portion of the subject nr~gny. A copy of the recorded document shall be filed with the Planning Department u op nits recejpt from the Bureau of Conveyances. [EjE. The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. 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 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, in a form of cash, land, facilities or any 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 (10) 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 units according to the calculation and payment provisions set forth in this Condition E. The fair share contribution shall be allocated as follows: 1. $3,490.85 per single-family residential unit for an indicated total of $34,908.50 to the County to support park and recreational -3- improvements and facilities; 2. $168.40 per single-family residential unit for an indicated total of $1,684.00 to the County to support police facilities; 3. $332.61 per single-family residential unit for an indicated total of $3,326.10 to the County to support fire facilities; 4. $145.62 per single-family residential unit for an indicated total of $1,456.20 to the County to support solid waste facilities; and 5. $3,101.68 per single-family residential unit for an indicated total of $31,016.80 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 (HCPI). In lieu of paying 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 region impacted by the proposed development, subject 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. [F]~. 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. -4- [G]H• 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. 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). [H]I. 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 declazed invalid, such invalidity shall not affect the other parts of this ordinance. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRO~DU/JCED BY: / COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. nn4 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- A- la I A" la ~ ~ ~ ~ ~ ~ ~ ~ ~ I A- la , OAHU , OPEN TO ~ ROAD ~~s I to zs " lO RESIDENTIAL AND ~ AGRICULTURAL (RA-1 a) AREA: 10.995 ACRES o ~Q ~ I ~ . ~ ~ MAUI ROAD • ~ o ~5-/O o ~a•y ,PS -/O ~ ~ A -la SEADRIFT ROAD ~5-/O SHELL ROAD SHELL ROAD A -la CHURCH ROAD CHURCH ROAD ,p$-/~ RS-lO HOLIDAY ROAD w ~ o ~ ~ Q ,C'S-lO = A "la NANAWALE BOULEVARD ,PS-lO 25-/O RS-lO A-la 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-ta) AT PUUA, PUNA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 1-4-47: 87 FEBRUARY 77, 1999 EXHIBIT "A° (N~d~wAlE ESTSiES CO.) ~I II~1'i