HomeMy WebLinkAboutORD 1999-114 1998-2000 COUNTY OF HAWAII .STATE OF HAWAII
BILL NO. 113
(Draft 3)
ORDINANCE N0.99 114
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) AND
RESIDENTIAL (RS-15) TO RESIDENTIAL AND AGRICULTURAL (RA-.Sa) AT
PUUKAPU, WAIMEA, SOUTH KOHALA ,HAWAII, COVERED BY TAX MAP
KEX 6-4-01:124 AND PORTION OF 140.
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 Residential and Agricultural (RA-.Sa):
Parcel 1:
All of that certain pazcel of land, being Lot G-3, situated on the southeasterly side of
Homestead Road at Puukapu, Waimea, South Kohala, Island of Hawaii, Hawaii, being a
portion of Grant 4210 to Elizabeth W. Lyons; being also a portion of Lot G of the
subdivision of Lot 53 of Puukapu Homesteads, 1st Series.
Beginning at the north comer of this pazcel of land, on the southeasterly side of
Homestead Road, the coordinates of which referred to Government Survey Triangulation
Station "West Base" being 80.89 feet north and 137.89 feet east and running by azimuths
measured clockwise from true south:
1. 327° 30' 30" 546.14 feet along remainder of Grant 4210
to Elizabeth W. Lyons;
2. 70° 21' 133.93 feet along remainder of Grant 4210
to Elizabeth W. Lyons;
3. 149° 07' 500.70 feet along remainder of Grant 4210
to Elizabeth W. Lyons;
4. 229° 45' 117.61 feet along the southeasterly of
Homestead Road to the point of
beginning and containing an azea of
64,707 squaze feet of 1.486 acres.
Parcel 2:
All of that certain pazcel of land (being portion(s) of the land(s) described in and covered
by Land Patent Grant Number 4210 to Elizabeth W. Lyons) situate, lying and being at
Puukapu, Waimea, District of South Kohala, Island and County of Hawaii, State of
Hawaii, being LOT F-4-B-1, same being a portion of Lot 53 of the "PUUKAPU
HOMESTEADS, FIRST SERIES", and thus bounded and described as per survey of Jerry
S. Nakagawa, Registered Professional Surveyor, dated February 23, 1981, to-wit:
Beginning at a pipe at the south corner of this pazcel of land, the coordinates of
which referred to Government Survey Triangulation Station "WEST BASE" being 358.62
feet south and 99.66 feet east and running by azimuths measured clockwise from true
South:
1. 149° 07' 36.80 feet along Grant 8961, Apana 1 to
Boazd of Hawaiian Evangelical
Association to a pipe;
2. 239° 07' 50.00 feet along remainder of Grant 4210
to Elizabeth W. Lyons (along
cemetery) to a fence corner post;
3. 149° 07' 50.00 feet along remainder of Grant 4210
to Elizabeth W. Lyons (along
cemetery) to a fence comer post;
4. 59° 07' 35.00 feet along remainder of Grant 4210
to Elizabeth W. Lyons (along
cemetery) to a fence comer post;
5. 149° 07' 101.00 feet along remainder of Grant 4210
to Elizabeth W. Lyons (along the
northeasterly side of a I S-foot wide
roadway);
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6. 243° 13' 127.69 feet along remainder of Grant 4210
to Elizabeth W. Lyons;
7. 329° 07' 197.00 feet along remainder of Grant 4210
to Elizabeth W. Lyons;
8. 67° 30' 125.70 feet along remainder of Grant 4210
to Elizabeth W. Lyons;
9. 59° 07' 18.00 feet along remainder of Grant 4210
to Elizabeth W. Lyons to the point of
beginning and containing an area of
23,277 squaze feet, more or less.
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 applicants, their successors or assigns shall be responsible for complying
with all of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Rural District.
C. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
D. Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director.
E. Access to the subject property from Mamalahoa Highway Road shall meet with
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the requirements of the Department of Public Works.
F. Should any remains of historic sites,.such as 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 finds that sufficient mitigative measures have been taken.
G. 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 four (4) residential units, the
indicated total of fair share contribution is $28,956.64 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 G. The fair share contribution
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shall be allocated as follows:
1. $3,490.85 per single-family residential unit for an indicated total of
$13,963.40 to the County to support park and recreational improvements
and facilities;
2. $168.40 per single-family residential unit for an indicated total of
$673.60 to the County to support police facilities;
3. $332.61 per single-family residential unit for an indicated total of
$1,330.44 to the County to support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of
$582.48 to the County to support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of
$12,406.72 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. For purposes of
administering Condition G, the fair market value of land contributed or the cost
of any improvements required or made in lieu of the fair share contribution shall
be subject to_review and approval of the director, upon consultation with the
appropriate agencies.
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
-5-
contributions, as allocated, and further implementation requirements
H. Upon the final subdivision of the subject parcels, the existing parcel identified
by TMK: 6-4-1:124 shall retain the two existing single-family dwellings and no
further residential development shall be allowed on that parcel. Restrictive
covenants in the deeds of all other lots shall restrict the residential deveiopment
to a density of no more than one dwelling unit for each half-acre of land area
per the approved zoning. A copy of the proposed covenant(s) 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 Approval. A
copy of the approved covenant(s) shall be recited in an instrument executed by
the applicant and the County and recorded with the Bureau of Conveyances for
any portion of the subject property. A copy of the recorded document shall be
filed with the Planning Department upon its receipt from the Bureau of
Conveyances.
I. The applicants shall comply with all applicable laws, rules, regulations and
requirements of affected agencies for approval of the proposed subdivision with
the subject property, including the Department of Health.
J. 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 Fee
Ordinance.
K. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
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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 of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the tune extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The tune extension granted shall be for a period 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).
L. Should any of the conditions not be met or substantially complied with in a
lonely 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 declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCE BY:
CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: Septanber 9, 1999
Date of lst Reading: Septanber 9, 1999
Date of 2nd Reading: Septanber 22, 1999
Effective Date: October 8, 1999
AOV~D, LS RM AND LEGALITY
CORPORATION COUNSEL
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AGRICULTURAL (RA-.Sa)
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AREA: 7.416 ACRES ih ih
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PARCEL 2• RA - I.
SINGLE FAMILY A - 5.
RESIDENTIAL (RS-15)
TO RESIDENTIAL AND KAUiKEAOVU
AGRICULTURAL (RA-.So)
AREA: 23,21l77 SQ. FT. Bono
CV -7.51 RA• I• RS-10
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-11 (LALAMILO -PUUKAPU ZONE MAP) ARTICLE 8, CHAPTER 25
FROMINSINGLEEFAMILY HRESIDENTIALO(RS~1 ) AN~DBAGR CUNTURAL (A 51a) T OT RESIDENT ACTION
AND AGRICULTURAL (RA-.5a) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-4-07:124 & POR, ta0 JUNE 2a, 1999
EXHIBIT °A" (BERGEN)
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii
(Draft . - -
• ~~-~-~-ROL~:~ALLVOTE
~ Y OES ABS EX
Introduced By: Bobby Jean Leithead-Todd Ara a i X
Datelntroduced: September 9, 1999 Chung C~^.1 "X=""
First Reading: September 9 1999 Elario~UiJ i t - W~-,`•iV. ~(t
Published: September 19, 1999 (I-1TH & WHT) Jacobson X
Septanber 20, 1999 (RFD Publ.) Leithead-Todd X
REhfARKS: Pisicchio X
Smith X
Tyler X
Yagong X
6 0 1 0
Second Reading: September 22 1999 ROLL CALL VOTE
To Mayor: Septsnber 24 1999 AYES NOES ABS EX
Returned: October 8, 1999 Atakaki X
Effective: October 8, 1999 Chung X
Published: October 18. 1999 Elarionoff X
Jacobson ' X
REMARKS: Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
8 0 1 0
/ DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
~Mi ND LEGAI,ATY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII UNClL CH.4/RMAN
Date 7~/~9
TY CLERK
.4pproved/9icwpprw+ad this doJ'
of .~C~l~ , /9~!
j BiIINo.: 113 (Draft 3)
AYOR. CC NTYOFHAWAlI Reference: C-392.002/PC-49
ord. No.: 99 114