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Home My WebLink AboutBIL 076 Draft 02 1998-2000 p .4a Kr COUNTY OF HAWAII ~ STATE OF HAWAII = ~ BILL NO. 76 (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) AND AGRICULTURAL (A-Sa) AT PUUA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-4-59:77. 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): The Westerly Portion of Lot 836 NANAWALE ESTATES SUBDIVISION-UNIT 2 (File Plan 780) Parcel 1 Beginning at a point at the east corner of this pazcel of land being also the north corner of a 12.005 Acre remainder of Lot 836 at the southerly side of Niihau Road and running by azimuths measured clockwise from true South: 1. 17° 36' 884.00 feet along a 12.005 Acre remainder of Lot 836 to a point at the northerly side of Molokai Road; 2. 107° 36' 532.00 feet along the northerly side of Molokai Road; thence along Molokai Road along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 3. 152° 36' 28.28 feet to a point at the easterly side of Kapuna Road; 4. 197° 36' 844.00 feet along the easterly side of Kapuna Road; thence along Niihau Road along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 5. 242° 36' 28.28 feet to a point at the southerly side of Niihau Road; 6. 287° 36' 532.00 feet along the southerly side of Niihau Road to the point of beginning and containing an azea of 11.198 Acres. The district classification of the following area situated at Puua, Puna, Hawaii, shall be Agricultural (A-Sa): The Easterly Portion of Lot 836 NANAWALE ESTATES SUBDIVISION-UNIT 2 (File Plan 780) Pazcel 2 Beginning at a point the north corner of this pazcel of land being also the east corner of a 11.198 Acre remainder of Lot 836, at the southerly side of Niihau Road and running by azimuths measured clockwise from true South: 1. 287° 36' 562.00 feet along the southerly side of Niihau Road; thence along Kehau Road along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 2. 332° 36' 42.43 feet to a point at the westerly side of Kehau Road; 3. 17° 36' 824.00 feet along the westerly side of Kehau Road; thence along Molokai Road along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 4. 62° 36' 42.43 feet to a point at the northerly side of Molokai Road; -2- 5. 107° 36' 562.00 feet along the northerly side of Molokai Road; 6. 197° 36' 884.00 feet along a 11.198 Acre remainder of Lot 836 to the point of beginning and containing an azea of 12.005 Acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a pazt hereof. SECTION 2. These changes in district classification aze conditioned upon the following: Q, The applicant. its successors or assigns shall be responsible for compl, iy~r g with all all of the stated conditions o~pnroval. B. Final Subdivision Approval of the proposed subdivision shall be secured from he Planning Director. ~ All new wastewater systems within the subject pronertv shall comply with the State Department of Health. D. Comply with all other applicable laws rules and regulations and reguirementc of all affected agencies for the development of the subj~~,pertv. The applicant shall make its fair share contribution to mitigate potential regiorLl_ g~tpacts 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 Lhe product of multjply~g the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot. and shall become due and pgyable prior to final subdivision approval for any portion of the subject proper or its increments. If the subject property is subdivided in two or more increment . -3- the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in h came man-per according to the number of proposed residential lots in each cuch increment. The fair share contribution. in a form of ca h land faciliti or any combination thereof. acceptable to he director in co ~l anon with the affected agencies. shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $7, 923 .16 oer single-fami y 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~roportion with the acb3al number of units according to the calculation and payment provisions set forth in this Condition E. The fair share contribution chap 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 ~tngrovements 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: 61 per single family re iden ial ~ni for an indicared rural 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 $3.101.68 per sing e-family residential unit for an indicated total of $31,016.80 to the State or Count t~pport road and traffic improvements. The fair share contributions described above shall be adjusted annually -4- begitLning hL_ree years afrer Lhe effective date of the change of zone based on ht__e percentage change in he Honol l o . mer Price Inde~(HCPIJ In lieu of pay~g Lhe fair share contribution. he applicant may construct and contribute improvements/facilities related to parks and recreation fire uolice. solid waste disposal facilities. and roads within the region i pasted by the proposed development. subject to the anproval of Lhe director Upon anproval of the fair share contributions of in lieu con ributio c by the director. the director shall submit a final report to the Council for its information [hat identifies the sp ifi proved 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 towazds the requirements of the Unified Impact Fees Ordinance. ~ An initial extension of time for the performance of conditions within Lhe ordinance may be granted by [he P1arLning Director upon Lhe following circumstances: L. 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 negjgence. Z. Grantinge the time extension would not be contrary to the General Plan or Zoning Code. ~ 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 -5- p ri original y,granted for performance (i e a condition to >gp~rfortned within one ygar be extended for up to one additional vearl. ~ , hould any of the conditions not be met or substantially complied with in a timely fashion the Director may initiate rezoning of the ~ubiect property to its original or more appropriate desienation. 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. SECTION 4. This ordinance shall take effect upon its approval. IN U~ED B _ ~~,r°~ T~~y/ la~u~C~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 277.002 REFERENGEe Comm. , APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: KAILUA ROAD OPEN TO FAMILY A - /a ~ AGRICULTURAL (FA-1 a) AREA: 9.328 ACRES A - /a PUNA ROAD A O ~ G^ A-la o O ~ ~ ~ o y A-la KONA ROAD PAHOA ROAD A-la A-lv HILO ROAD Btlry. of Fiie Plon 996 A -la PLUMERIA ROAD ~ ~ w A ' la 7 w O PAKALANA ROAD A-la PARADISE ROAD A-la A-la O AMENDMENT TO THE ZONING CODE LOT 318, NANAWALE ESTATES SUBDIVISION - UNIT 4, (FILE PLAN 1098) 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 FAMILY AGRICULTURAL (FA-1a) AT PUUA, PUNA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 1-4-76: 38 FEBRUARY 17, 1999 EXHIBIT °A° (NANAWALE ESTATES CO)