HomeMy WebLinkAboutORD 1999-024 1998-2000 COUNTY OF HAWAT~•~ STATE OF HAWAII
BILL NO. 329
(Draft 3)
ORDINANCE NO. 99 24
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO - PUUKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO
SINGLE-FAMILY RESIDENTIAL (RS-10) AND VILLAGE COMMERCIAL (CV-7.5) AT
PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 6-4-O1:PORTION OF 42.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-11, 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 Puukapu, Waimea,
South Kohala, Hawaii, shall be Single-Family Residential (RS-10):
Pazcel 1
Beginning at a 1/2-inch pipe at the Southeasterly comer of this pazcel of land, on
the Northerly side of Mamalahoa Highway, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "WEST BASE" being 87.94 feet
South and 2,521.35 feet East, thence running by azimuths measured clockwise from True
South:
1. 70° 21' 423.69 feet along the Northerly side of Mamalahoa
Highway;
2. 160° 21' 10.00 feet along the remainder of Grant 4834 to
Kahoohanohano;
3. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the
left with a radius of 30.00 feet, the chord
azimuth and distance being:
205° 21' 42.43 feet;
4. 160° 21' 30.40 feet along the remainder of Grant 4834 to
Kahoohanohano;
5. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the
left with a radius of 275.00 feet, the
chord azimuth and distance being:
154° 44' 53.83 feet;
6. 149° 07' 146.54 feet along the remainder of Grant 4834 to
Kahoohanohano;
7. 59° 07' 305.25 feet along the remainder of Grant 4834 to
Kahoohanohano to a rebaz in concrete
(found);
8. 149° 07' 488.35 feet along Grant 4736 to Hee Akou;
9. 239° 07' 404,02 feet along the remainders of Grant 4834 to
Kahoohanohano and Grant 4564 to
Kaanaana;
10. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with
a radius of 40.00 feet, the chord azimuth
and distance being:
121° 59' 55.5" 18.00 feet;
11. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right
with a radius of 45.00 feet, the chord
azimuth and distance being:
239° 07' 68.82 feet;
12. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left
with a radius of 40,00 feet, the chord
azimuth and distance being:
349° 10' 34.5" 27.44 feet;
13. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right
with a radius of 325.00 feet, the chord _
azimuth and distance being:
340° 51' 30" 132.28 feet;
14. 352° 36' 61.20 feet along the remainder of Grant 4564 to
Kaanaana;
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15. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left
with a radius of 150.00 feet, the chord
azimuth and distance being:
250° 51' 30" 61.05 feet;
16. 239° 07' 306.80 feet along the remainder of Grant 4564 to
Kaanaana;
17. 329° 07' 495.87 feet along Grant 4565 to H. Akona to a
1/2-inch pipe;
18. 70° 21' 100.00 feet along the remainder of Grant 4564 to
Kaanaana to a 1 /2-inch pipe;
19. 329° 07' 150.00 feet along the remainder of Grant 4564 to
Kaanaana to the point of beginning and
containing an azea of 10.303 Acres.
The district classification of the following area situated at Puukapu, Waimea,
South Kohala, Hawaii, shall be Village Commercial (CV-7.5):
Pazce12
Beginning at a 1/2-inch pipe at the Southwesterly corner of this pazcel of land, on
the Northerly side of Mamalahoa Highway, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "WEST BASE" being 284.84 feet
South and 1,969.90 feet East, thence running by azimuths measured clockwise from True
South:
1. 149° 07' 231.79 feet along the remainder of Grant 4834 to
Kahoohanohano to a spike;
2. 239° 07' 207.17 feet along the remainder of Grant 4834 to
Kahoohanohano;
3. 329° 07' 146.54 feet along the remainder of Grant 4834 to
Kahoohanohano; ,
4. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the
right with a radius of 275.00 feet, the
chord azimuth and distance being:
334° 44' 53.83 feet;
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5. 340° 21' 30.40 feet along the remainder of Grant 4834 to
Kahoohanohano;
6. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the
right with a radius of 30.00 feet, the
chord azunuth and distance being:
25° 21' 42.43 feet;
7. 340° 21' 10.00 feet along the remainder of Grant 4834 to
Kahoohanohano;
g. 70° 21' 161.86 feet along the Northerly side of Mamalahoa
Highway to the point of beginning and
containing an azea of 1.166 Acres.
All as shown on the map attached hereto, mazked Exhibit "A" and by reference
made a part hereof.
SECTION 2. These changes in district classification are conditioned upon the following:
A. The petitioner, its successors or assigns, shall be responsible for complying with
all conditions of the change of zone.
B. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within Winery (90) days from the effective date of the change of zone ordinance.
C. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
D. Prior to commencing construction in the Village Commercial zoned area, Final
Plan Approval for the proposed commercial development shall be secured from
the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code.
Plans shall identify the proposed structures, vehicular traffic, paved driveway
access and parking stalls associated with the proposed use. Landscaping shall
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comply with the Planning Department's Rule No. 17 relating to Landscaping
Requirements for the purpose of mitigating any adverse noise or visual impacts
to adjacent properties.
E. Access to the subject property from Mamalahoa Highway shall meet with the
requirements of the Department of Public Works. The entrance roadway sight
distance shall meet the requirements of the Statewide Design Manual.
F. All proposed residential lots shall access from the interior roadways. No direct
vehicular access other than a right turn in from Mamalahoa Highway and a right
turn out from the subject property onto Mamalahoa Highway shall be allowed
for the proposed commercial lots along the highway, as may be approved by the
Department of Public Works.
G. Mamalahoa Highway shall be improved with a channelized intersection meeting
with the approval of the Department of Public Works prior to the issuance of a
Certificate of Occupancy in the Village Commercial zoned area.
[H. The subject property's Mamalahoa Highway frontage in the Village Commercial
zoned area shall be improved with curb, gutter and sidewalks, drainage
improvements, and relocation of utilities along the Mamalahoa Highway
meeting with the approval of the Department of Public Works, prior to issuance
of a certificate of occupancy in the Village Commercial zoned area. In lieu of
constructing these improvements, the applicant may pay a fee in an amount
equivalent to the cost of the required improvements to the County of Hawaii.
Said fee shall be used by the County for the construction of similar
improvements along Mamalahoa Highway in the vicinity of the project area, as
determined by the Counry.]
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[I] II. Should the road improvements under the terms of G [and H] qualify as a
federally funded project, in lieu of the actual construction, the applicant shall
deposit with the County an amount equal to the cost of construction which shall
be paid in a manner meeting with the approval of the Finance Director and the
Chief Engineer prior to the issuance of a Certificate of Occupancy in the Village
Commercial zoned area.
[J] I• A Drainage Study shall be prepared and submitted for review and approval to
the Department of Public Works, prior to submittal of plans for subdivision
review. Drainage improvements, if required, shall be constructed meeting with
the approval of the Department of Public Works prior to the issuance of Final
Subdivision Approval.
[K] I• A Solid Waste Management Plan for the subject property shall be prepared and
submitted for approval to the Department of Public Works prior to securing
Final Subdivision Approval.
[L] To ensure that the goals and policies of the Housing Element of the General
Plan are implemented, the applicant shall comply with the requirements of
Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing, for
all residential lots that are not set aside for employees of the applicant who meet
the prevailing income criteria for an affordable home.
[M] I,.Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, be encountered, work in the
immediate area shall cease and the Department of Land and Natural
Resources-Historic Preservation Division (DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it fords that sufficient mitigative measures have been
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taken.
[N] M•[The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the residential lots within the project which are not set aside
for employees of the applicant who meet the prevailing income criterion for an
affordable home with respect to roads, pazks and recreation, fire, police and
solid waste disposal facilities. The fair share contribution shall be initially
based on the representations contained within the change of zone application and
may be increased or reduced proportionally if the applicable lot counts are
adjusted. The fair shaze contribution shall become due and payable prior to
fmal subdivision approval of any portion of the single family residential zoned
lands or its increments. The fair shaze contribution for each single family
residential lot shall be based on a maximum density for each applicable 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 shall
be determined by the County Council. The fair share contribution may be
adjusted annually beginning three years after the effective date of this ordinance,
based on the percentage change in the Honolulu Consumer Price Index (HCPn.
In lieu of paying the fair share contribution, the applicant may construct and
contribute improvements/facilities related to roads, park, fire, police and solid
waste disposal facilities within the region impacted by the proposed development
with the approval of the appropriate agency(ies). Any contributions required by
this ordinance and Ordinance No. 96-117 relating to the Pazker Ranch 2020
project that exceed the fair share requirement of these proposed developments
shall, at the applicant's request, be credited towazds any of the applicant's
developments that require infrastructural impact contributions.]
The annlicant shall make its fair share contribution to mitiga a potential regional
imr~~r~ of the residential lots v~it_hin the projP~t which are not set aside for
:gipjovee of he ~glicant who meet the prevailing inc~*ne ~*~rerion for an
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affordable home wish respect to road~parkc and recreation. fire. police and
solid ~~aste dicpQcal facilities The amount of the fair share contribution shall be
the sum which is the product of muhiph~ing the number of residential lots
propoce~l to be subdivided by ~h a,,,~„*+tc allocated hereinbelow for each such
lot and shall become due and,p~vabl~prior to final subdivision approval for any
portion of the subie~t property or its 'ncremen a Tf he subject property is
subdivided in n~o or more 'ncremen he amount of he fair share contribution
due and payable prior to fitLl c„bdivicion approval of each increment shall be a
„m calculated in the s me ma per according to the number of_proposed
rPSidentia] lots in each such increment The fair share contribution in a form of
each land facilities or any combi ation hereof acceptable to he director in
consultation with Lhe affected agync'P~ shall be determined by he o mty
(`nnncil The fair share contribution shall have a max'mum combined value of
$1,239 16 per single-fam~1y residentia snit Based upon he applicant's
Ygprrcent rion of intent to develop ,p to igl~(81 residential uttits the indicated
total of fair share contribution is S57 913 28 for cinglg fami y residential arils
lie:; *h toil amount shall be increased or reduced in propo ion wi h the
arrt,al number of units according, to Lhe calculation and p~ymen provisions set
forth in t_hic Condition M The fair share contribution shall be allocated as
follows:
L x,490 8 p r ing]e family= ~~de*+tial utut for an indicated total of
o~F 80 to t_he County to gypport park and recreational
improvements and facilities:
168 40.pE~lIIE -f milt' residential alit for an indicated total of
s~,l 347 20 to the Counter to~,,pport police facilities:
~ P,~7„§,Lper single-familysP~+~Pntial u it for an indicated total of
$x,660 88 to the County to support fire facilities:
4.. ~P145 62 per singl -fami y residential aril for an indicated total of
~~i~164 96 to Lhe CountXto cppp~rt solid waste facilitiec• and
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$3 101 6R
n r ci gj~-fami X reci`lr^*ial unit for a_n indicated total of
x,4,813 44 to the State or County ro support road and traffic
improvements.
The fa'r share contributions described above shall be adinared a nn_ ually
]~gginning hree years after he effective date of the change of zone based on the
n r n agee changg in the Honolulu Co~umer Price Tndex (RCPT). In lieu of
paving
the fair share contribution the anBli~nt
may construct and contribute
improvements/facilities related to parks and recreation fie. police. solid waste
d~r~cal facilities and roads wi hip the region ' acted by t_h_e proposed
developlII
nr~t
S~~bject to the approval of he director The cost of nroviding_and
ro ' 1Ilg~hg~plprovements regl,>;rPd in ConditiotL E F a_nd G shall be
credited a fai
ct~
the mum snP~~~P~ r^^di[ion M (51 for road and traffic
improvements For p~ocec of administering Condition M. the fair market
value of land contributed or the cost of any improvements regeired or made in
lien of the fair sh re contribution shall be s~jeet t^ review and approval of the
director upon consultation with the appropriate agencies.
Ant contributions r~q sir a bySh+~ ordinance nd Ordinance 96-117 relating to
the Parker Ranch 202Qproiect that exceed the fair share requirement of these
proposed developmen hall a he annlica_nt's regyect be credited towards any
ofof the ~pylicant'c de~elonment hat Igquire infract ~ctural 'mDarr ~ontributio~
TTnon annroval of the fair share contibutions or in lieu contributions by the
director the director shall submit a final rgport to he o mcil for it
information that identifies thg ,pecific approved fair share and/or in lieu
~ontribu ions as allocated and fort-her i-mnlementation reauirementc
(O] ~(•Should the Council adopt a Unified Impact Fee Ordinance setting forth criteria
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for the imposition of exactions or assessments of impacts fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fee Ordinance.
[P] Q. Comply with ail other applicable laws, rules, regulations and requirements of
the affected government agencies for the proposed development.
[Q] E. An annual progress report shall be submitted to the Planning Duector prior to
each anniversary date of the approval of this change of zone. The report shall
address in detail the status of the development and the compliance with the
conditions of approval. This condition shall remain in effect until all of the
conditions of approval have been complied with and the Director acknowledges
that further reports are not required.
[R] Q. An initial extension of time for the performance of conditions within the
ordinance may be granted by the 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 their 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.
4. The time extension shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
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within one yeaz may be extended for up to one additional year).
[S) Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject area 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED Y: '
~~~-~~-~o
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 18, 1998
Date of 1st Reading: November 18, 1998
Date of 2nd Reading: February 17, 1999
Effective Date: ~'~~~u~a~y 28, 1999
REFERENCE: Comm.
PPR ED AS/TO FORM AND LEGALITY
`i' -
CORPORAT~I,O/N COUNSEL
DATED: ~l Z 3~~,~
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~ 1,969.90E 2.521.35E s.
'WEST BASE ® 'WEST BASE
[s to
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[s-lo "•f. PARCEL /
[s - to ACItICULTURAL (A-Sa)
es to TO SINGLE-FAMILY
RESIDENTIAL (RS-10)
AW: t0.S03 ACRES
f.
"'f• PARCEL 2
K4~„~! AGRICULTURAL (A-Sa)
TO VILLAGE
CDMYERCUL (CV-7.5)
AREAe 1.1N ACRES
es•lo es-lo
AMENDMENT TO THE ZONING CODE-
AMENDING SECTION 25-8-11 (LALAMILO - PUUKAPU ZONE AIAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING
THE DISTRICT CLASSiFlCATION FROhI AGRICULTURAL (A-Sa) TO SINGLE-FAMILY
RESIDENTIAL (RS-10) AND VILLAGE COMMERCIAL (CV-7.5) AT PUUKAPU, WAIMEA,
SOUTH KOHALA, HAWAII.
PREPARED BY PWNNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-4-01: Portion of 42 OCTOBER 7. 1998
EXHIBIT A" (vAxNOe awefl,lne-)
OFFICE OF THE COUNTY CLERK
Cotmty of Hawaii
Hilo ,Hawaii
ROLL CALL VOTE'"
AYES NOES ABS EX
Introduced By: Bobby Jean Leithead-Todd Arakaki ~ X
Date Introduced: November 18, 1998 Chung x
First Reading: November 18, 1998 Elarionoff x
Published: November 30. 1998 Jacobson X
Leithead-Todd x
REMARKS: Pisicchio X
Smith X
" Tyler x
Yagong x
9 0 0 0
(DRAFT 3)
Second Reading: Februarv 17, 1999 ROLL CALL VOTE
To Mayor: Februarv 19, 1999 AYES NOES ABS EX
Returned: March 4, 1999 Arakaki X
Effective: February 28, 1999
Chung x
Published: March 10, 1999 Elarionoff x
Jacobson x
REMARKS: Deferred - 12/23/98
Leithead-Todd x
Pisicchio x
Smith x
Tyler x
Yagong x
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
~O~ AN LEGALITY•
PUTY CORPOFfATION COUNSEL _
COUNTY OF HAWApII/~ C!L CHAIRMAN
Date 2~2-3~/ 7
~ OUN LERK
Approrve~d/Llisappaeved rhrs ~ ~p day
of ~G b2~i , 19 Chi
BiII No.: 329 (Draft 3)
MAYOR, COU[Y~Y OF HAWAII Reference: PC-161/C-1048
Ord. No.: ~l9 2'~