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HomeMy WebLinkAboutORD 2009-094 2008-2010 • • • COUNTY OF HAWAII ,':T , '°'7 STATE OF HAWAII BILL NO. 21 ORDINANCE NO. 09 94 AN ORDINANCE AMENDING SECTION 25 -8 -24 (KURTISTOWN ZONE MAP). ARTICLE 8, CHAPTER 25 (ZONING ('ODE) OF THE HAWAII COUNTY ('ODE 1983 (2005 EDITION), BY C'1!AWING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL. - 20,000 SQUARE FEEL (RS -20) TO SINGLE FAMILY RESIDENTIAL. 15.000 SQUARE FEET (RS -l5) AT ICEAAU. Pi!NA. I IAW:AI'I, COVERED BY TAX \•I.AP KEY 1- 7- 016:028. BE. IT ORDAINED BY THE COI.UNCII. OF THE COUNTY OF HAWAII S1 CIION 1 Section 25-8-24. Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (21105 Edition). is amended to change the district classification of property described hereinafter as follows: The district classification ofthe following area situated at Kcaau. Puna. I Iawai'i, shall be Single Family Residential - 15,001) square feet (RS -15)• Beginning at the North corner of this lot and on the South side or the Plantation Road. the coordinates of said point ofbeginning referred to Government Survey Triangulation Station "0I AA being 566 90 feet North and 1007.00 feet East. and running by azimuths measured clockwise from true South: I. 275' 12' 138.96 feet along the South side of the Plantation Road to a pipe: 2. 33° 09' 377 52 feet to the West corner of Fred Roman's lot; 3. 100 16' 135.61 feet along boundary of Fred Roman to a pipe; 4. 203° 09' 264 92 feet along Lots I I and 10 of this house lot subdivision to the point of beginning; and containing an Area of 0.823 acre, more or less. -1- • • All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, 1-lawai`i County Code 1983 (2005 Edition). the County Council finds the following conditions are: • (1) Necessary to prevent circumstances which may he adverse to the public health. safety and wcllare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all • of the stated conditions of approval. • B. A water commitment deposit w accordance with the "Water Commitment Guidelines Policy" of the Department of Water Supply shall be submitted to the Department of Water Supply within 180 clays from the effective date of this ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the • effective date of this ordinance. D. The two existing dwellings on proposed Lot 12 -A shall be converted into a single • residential unit. The kitchen in one of the dwellines shall be removed. The conversion shall occur prior to the issuance of Final Subdivision Approval. • • • • F. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may he removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall he filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. Access to the property shall meet with the requirements oldie Department of Transportation. G All development - generated runoff shall be disposed of on site and shall not he directed toward any adjacent properties. If required by the Department of Public Works, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. Any recommended drainage improvements, if required, shall he constructed meeting with the approval of the Department of Public Works prior to issuance of Final Subdivision Approval. hl. A Solid Waste Management Plan shall he submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. The method of sewage disposal shall meet with the requirements of the Department of Health. - • • • I. Should any remains of historic sites. such as rock walls, terraces, platforms, niannc shell concentrations or human burials be encountered, work 111 the immediate area shall cease and the Department of Land and Natural Resources State I1istoric Preservation Division (DLNR -H PD) shall he immediately non lied. Subsequent work shall proceed upon an archaeological clearance from DLNR- 1 -1PD when it linds that sufficient mitigation measures have been taken. K. The applicants shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be for the additional lot to he created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adj usted annually beginning three years after the effective date of this ordinance, based on the percentage change in the I lonolutu Consumer Price Index (I IC PI). The Ihir share contribution shall have a combined value of $11,506.13 for the additional single family residential unit. The fair share contribution per single family residential unit shall be allocated as follows. I . $5,548.46 per single family residential unit to the County to support park and recreational improvements and facilities; '_. $267.66 per single family residential unit to the County to support police facilities; 3. $528.66 per single family residential unit to the County to support fire Facilities; -4- • • 4. S231.45 per single family residential unit to the County to support solid waste facilities, and 5. $4,929.90 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and /or construct improvements/facilities related to parks and recreation, lire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified impact Fees Ordinance. M. The applicant shall comply with all applicable County, State and Federal laws. rules. regulations and requirements. N. An initial extension of time for the performance of conditions Nvrthin the ordinance may be granted by the Planning Director upon the following circumstances: I . 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 their fault or negligence. -5- • • 2. Granting of the time extension would not he 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 (t.e., a condition to be performed within • • - one year may be extended for up to one additional year). 5. if the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission and the County Council for appropriate action. • Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area 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: • C OUNCiL MEMBER, COUNTY OF HAWAII Kona , I-Iawai`i Date of introduction: August 5, 2009 Date of 1st Reading: August 5, 2009 • Date of 2nd Reading: August 19, 2009 i Effective Date September 2, 2009 REFERENCE, Comm. 97 6 • • , .. . --- ii: . , ' . , ........ ' . i •',, , . ar / „ ... .--. Ala •-.,,, A-20a " • .„ : I Aal RS-20 ,, ••••• , •i- • --... , - .. . ,... • • .,... , i c' :11-----.. - „ L • ; ./.. / , .... , .......... : .. II- '-- ' 42-,' .................. / ./.......... Co 1 .... ............. ...... i i _ __ __. .. . . . . . et. .................... /via - SINGLE-FAMILY RESIDENTIAL -1 , i • .., i 1 . ! / / i 3 / . .., . . , i l -2 .............. ,. . / gi --.....„,. -' -... , / I.S i ....... I , ITS-20 f ,.., • -. ........ : . . . ................. I i - .......... . ---- / , i / 1 / . 20,000 SQUARE FEET (RS-20) I / / . . . ' . . . . I TO SINGLE-FAMILY RESIDENTIAL ....,.. / / . ... .! . .' . . . • 15,000 SQUARE FEET (RS-15) .. 7 . i 7 90 N L I • .. : 35,850 SQ. FT. ' i ..... ____,: 1007 00 E i .. ..... : • • i . , .......... , u • • . 1 . - • - • • , .. • :,:.. .......... -.. . I -..... ...... -..., ........... ........ l........ : , . ..... i I . • i ........... .......... _ _, _ _ , ...1 . .' '' 1 - • ... „, . .1 1 ....... i . 't • . ! . . . . . ' . • --. „..„,..„ '-....! / - .................... . / Mt.!' I — • • - ' ........ .1 : . . .. . : : .• . ' . , A la . , • . . . . . • : I RS-20 ..--- • • • • • .' . . , ! . .• . • ' • ...-• I • • \ .• • : • l T . . • . .,,....• , \ • • : . : \ . . . . .,, .... ... I , • , . . ... \ ......,_. i : •-•••,. ,• . i ., i • •••• • RS:20•--- i 1 . ... ,.. ,.- • . , ' ".-- •' i t ..... - - 1_ ..... 1 , ... --. - - • . . , i i _ „•-• ............... ..... . ....... . .....›....... ' • ,,.,.... __......■..... ../.. '--- . ......... ---- . .... r -- .„,...,,, • . ..- •.' • . : ! • • , . •, ./ i . :$70.1_TRYD::::: T .. . . ! I •• ••. 1 :. ' • : : 1 • ' ....... I I . : .. , ............ / .• •\. RS-10 / ......... 2 .... . ...... i ... Aa ; - - 7 ' ---------- '• - - - ' ...... - . , . - ... .... 7 .. —; ------- --------- ... : , ...... „ ...... . ,.. .. •• RS-10 • ! .:. ..„... ..... . • • • I 0 225 450 900 1.350 1800 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-24 (KURTISTOWN ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION) , BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL 20,000 SQUARE FEET (RS-20) TO SINGLE-FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS-15) AT KEAAU, PUNA, HAWAII MAP PREPARED BY. 7MK 1-7-016 028 COUNTY OFHA 1 VA II, MANNING DFPARTMENT CATE September 24. 2005 EXHIBIT "A" (FAelody Parong 1251) . . *VICE 01: THE COUNTY CLERK • County of Hawaii Bona. Hawai•i Introduced By Donald I:Keda — ROI_I.,CAI,- y T .1 i E Date Introduced AL'gusZ 5, 2009 '''.'' AYES NOES ABS EX First Reading_ August 5, 2009 Enrtqucs ( • . ;i t. • X ' " . Published August 14, 2009 Ford ' : !•..I `e, jC : Greenwell X REAI.IRK'S March 3, 2009 - Postponed Iloflinann X Ikeda X • Naeole x • __— .__...._ .. . _ . Onisht X -- ..._..... _... ---- Yagong X • Yoshimoto I X Second Reading August 19, 2009 8 1 0 0 tohlavor August 28, 2009 Returned September 3, 2009 k01.1. CALI. von -:: Etiecii∎ September 2, 2009 _._ ...... • -- - AYES NOES ! ABS EX Published - September 16, 2009 Enric, ues X Ford X R/Lt IRKS Greenwell X .... - --- -- Hoffmann X —.. Ikeda X i Naeole X Onishi .• Yoshimoto X 7 — 8 1 0 0 / DO HEREBY C'LR77/ 7' that the foregoing BILL ,roes• adopted/ by the Count' C'ouncd published) as unheated above APPROVED AS TO FORT ND LEGALITY COI., • . C //.-IIRPERSON DEPUTY O PORATION COU SEL V ��v COUNTY OF HAWAII . UUNTP CLERK Date AUG 3 1 2009 21 Bill Nu. e Reference ice• ' / / ' � v Ord No . O9 9 4 qi 7 7 I is , I)0R. co.... ,.t') OF HAW. 1'1 Ordinances Numhereu0- 94.09 -95, 09 -96, 09 -97, 09 -98. 09 -99, 09 -1.9 -101, & 09 -102 • I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on August 19. 2009, by vote. as listed below. • Ordinance 09-94 (Hill 21): An Ordinance Amending Section 25 -8 -24 (Kurtistown Zone Map), Article 8. Chapter 25 ( Zoning Code) of the I lawari County Code 1983 (2005 Edition), by Changing the District Classification From Single Family Residential • 20.000 Square Feet (RS -20) to Single Family Residential — 15,000 Square Feet (RS -I5) at Keaau. Puna. Ilawat'u, Covered by Tax Map Key 1- 7- 016028. AYES Council Memhers Enriques. Ford, Greenwell, Ikeda. Nicole. Onishi. Yagong, and Chair Yoshmtoto 8, NOES Council Member Hoffmann 1, ABSENT None, EXCUSED None Ordinance 09 -95 (Bill 65): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended). Relating to Vehicles and Traffic AYES Council Memhers Enriqucs, 1lotlivann. Ikeda. Onishi, Yagong, and Chair Yoshunoto — 6. NOES Council Memhers Ford, Greenwell, and Naeole —3, ABSENT. None, EXCUSED None Ordinance 09 -96 (Bill 91): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition. as Amended), Relating to Vehicles and Traffic. AYES Council Members Enriques, Ford, Greenwell, Hoffmann. Ikeda. Naeole. Onishi, Yagong. and Chair Yoshimoto — 9, NOES None. ABSENT. None, EXCUSED None Ordinance 09 -97 (Bill 98): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating lo Vehicles and Traffic AYES' Council Members Enriques. Ford, Greenwell. Hoffmann, Ikeda, Naeole. (hush', Yagong, and Chair Yoshimoto — 9; NOES' None. ABSENT None, EXCUSED None Ordinance 09 -98 (Bill 99): An Ordinance Amending Chapter 24 of the I lawai'1 County Code 1983 (2005 Edition, as Amended). Relating to Vehicles and Traffic AYES Council Members Enriques, Ford, Greenwell. Hoffmann. Ikeda. Naeole. Yagong, and Chair Yoshimoto -9. NOES None, ABSENT` None; EXCUSED None Ordinance 09 -99 (Bill 100): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended). Relating to Vehicles and Traffic. AYES: Council Memhers Enriques, Ford, Greenw ell, Hoffmann. Ikeda. Naeole, Onishi. Yagong, and Chair Yoshimoto - 9. NOES. None. ABSENT None, EXCUSED None Ordinance 09 -100 (Bill 102): An Ordinance Amending Ordinance No. 09 -48. Relating to the International Energy Conservation Code. AYES. Council Members Enriques, Ford. Greenwell, Hoffmann, Ikeda, Naeole. Onishi, Yagong. arid Chair Yoshimoto 9. NOES None. ABSENT` None: EXCUSED None Ordinance 09 -101 (Bill 104): An Ordinance to Amend Ordinance No 09 -64. as amended. the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2010 AYES Council Members Enriques, Ford. Greenwell, 1lotiinann. Ikeda. Naeole, Onishi. Yagong. and Chair Yoshimoto —9: NOES None; ABSENT None; EXCUSED. None. Ordinance 09 -102 (Bill 118): An Ordinance Further Amending Ordinance No 08 -64, as Amended by Ordinance No 09 -13, Relating to Extending Public Use of the I-Ialekri Street Extension. AYES. Council Members Enriques, Ford, Greenwell. I Iollnann, Ikeda. Naeole, Onishi, Yagong. and Chair Yoshimoto -9. NOES None; ARSENI None: EXCUSED None. O Kenneth G Goodenow County Clerk (I•awari Tribune- Ilerald - September 16, 20091 (West Hawaii Toda y - September 16, 2009) Note: The original Digest /Affidavit is attached to Ordinance 09 -94 • • Bill Nos. 21, 92A, 97A, 101, and 104 I hereby certify that the following Bills passed first reading at the meeting of the Hawai'i County Council on August 5. 2 009, by vote as listed below: Bill 21: Amends Section 25 -8 -24 (Kurtistown Zone Map), Article 8. Chapter 25 (Zoning Code) of the I lawai'i County Code 1983 (2005 Edition). by Changing the District Classification from Single Family Residential - 20.000 Square Feet (RS -20) to Single Family Residential - 15,000 Square Feet (RS -15) at Kca'au. Puna, Hawaii. Covered by TMK.1 -7- 016:028; Melody Parong. Applicant. The applicants shall make its lair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, lire. police, solid waste disposal facilities and roads. The fair share contribution shall have a combined value of $11.506.13 liar the additional single family residential unit. AYES: Council Members Enriques, Ford, Grecnwell, Ikeda, Naeole. Onishi. Yagong. and Chair Yoshimoto - 8: NOES: None: ABSENT: Council Member I Iofthmnn - 1: EXCUSED: None. Bill 92A: Amends Ordinance No. 08 -106 of the County of I Iawai'i. Pertaining to the Issuance of General Obligation Bonds for the Purpose of Financing Various Public Improvements Described Therein. Amends Exhibit A. Draft 2. with "Exhibit A, Draft 3 ", to adjust funding for various projects based on actual needs that differ from the original estimates in the bond ordinance with one new project added. Kealakehe Wastewater Treatment Plant Sludge Removal. There is no change to the total amount of the bond authorization (5114.588,700). AYES: Council Members Enriqucs. Ford. Greenwell. Hellmann. Ikeda, Naeole. Onishi, Yagong. and Chair Yoshimoto - 9: NOES: None; ABSENT None. EXCUSED None. Bill 97A: Amends Ordinance No. 09 -64, time Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30. 2010; Increases revenues in Federal Grants -- W'orklbrce Investment Act (WIA) (51.312.147): appropriates to the following: W1A - Administration Planning 2009 -10 (5131.213), WIA - Adult Program 2009 -10 ($423.894), WIA Dislocated Worker Program 2009 -10 ($325.168), and WIA - Youth Program 2009 -10 ($431.872), for a total of S1.312,147. AYES: Council Members Enriques, Ford, Greenwell, I- loflinann, Ikeda, Naeole, Onishi. Yagong, and Chair Yoshimoto - 9: NOES: None. AI3SFNT: None; EXCUSED: None. Bill 101: Amends Ordinance No. 98 -8 Which Reclassified Lands from Agricultural - 5 Acres (A -5a) to Residential and Agricultural - .5 Acre (RA -.5a) at I-lonokohau 2 " North Kona. I lawai'i, Covered by T :MK:7 -4- 06:038: Request - Time Extension to Condition D (Final Subdivision Approval): Grace Community Church. Applicant. The applicant shall make its lain share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities. and roads. The fair share contribution shall have a maximum combined value of 511,506.13 per single- IamiIv residential unit. AYES: Council Members Enriques, Ford, Greenwell, Ikeda. Naeole. Yagong. and Chair Yoshimoto - 7: NOES: None: Al3SFNT: Council Members Hoffmann and Onishi -- 2; EXCUSED: None. • • • Bill 104: Amends Ordinance No. 09 -64. as Amended, the Operating Budget for the County of Hawaii tier the Fiscal Year Ending June 30. 2010: Increases revenues m Fund Balance from Prior Year — Designated ($221.75): appropriates to the lbllowing: Kohala Ranch Project IV (S191.66). i.uala'i at Parker Ranch Phase 11 ($25.95). and Wainani Estates Subdivision Phase I ($4.14), for a total of $221.75. AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole. Yagong. and Chair Yoshimoto — 7; NOES: None; ABSENT: Council Members Hoffmann and ()nishi -- 2 : EXCUSED: None. Kenneth G. Goodenow COUNTY CLERK ( Hawai'i Tribune Herald — August 14. 2009) (West Ilawai•i Today -- August 14, 2009) Note: The original Digest /Affidavit is attached to Bill 21.