HomeMy WebLinkAboutORD 2010-020 2008-2010 -'Mir os \ •,
COUNTY OF HAWAII ■i ' "- STATE OF HAWAII
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BILL NO. 197
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -22 (PUNA DISTRICT ZONE MAP),
ARTICLE 8, CI IAPTER 25 (ZONING CODE) OF THE HAWAII. COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL — 5 ACRES (A -5a) TO FAMILY AGRICULTURAL••- 2 ACRES (FA -2a)
AT KEA'AU, PUNA DISTRICT, HAWAII, COVERED BY fAX MAP KEY: 1 -6- 141:024.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAVVAI'I:
SECTION 1. Section 25 -8 -22, Article 8, C.. haptcr 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Kea'au, Puna District,
Hawai`i, shall be Family Agricultural 2 acres (FA -2a):
Beginning at the northwest corner of this parcel of land and running by azimuths
measured clockwise from True South:
Along Lot 9721 of Land Court Application 1053
(Map 559), the azimuths and distances for the next
six (6) courses being:
1. 259' 35' 31.52 feet;
2. Thence along a curve to the right having a radius of 431.18 feet, the chord
azimuth and distance being:
266` 54' 30" 103.58 feet;
3 274 14' 93 33 feet:
4. 270' 40' 3 645.64 feet,
5. 360' 40' 32" 218.98 feet;
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6 270' 33' 730 99 feet;
7. Thence along Lot 3 -E of Land Court Application 1689 (Map 7), along a curve to
the Ielt having a radius of 1166.28 feet, the
chord azimuth and distance being:
314' 08' 28" 96.86 feet;
8. 21' 00' 71.36 feet along Lot 9187 -B of Land Court
Application 1053 (Map 590);
9. 90° 33' 1439.38 feet along Lot 9187 -B of Land Court
Application 1053 (Map 590);
10. 183' 23' 49" 329.50 feet along Lot A- 31 -A -4 of Land Court
Application 1053 (Map 134);
11. 94' 14' 93.29 feet along Lot A- 31 -A -4 of Land Court
Application 1053 (Map 134);
12. Thence along Lot A- 31 -A -4 of Land Court Application 1053 (Map 134), along a
curve to the left having a radius of 381.18
feet, the chord azimuth and distance being:
86' 54' 30" 97.20 feet;
13. Thence along Lot A- 31 -A -4 of Land Court Application 1053 (Map 134), along a
curve to the left having a radius of 42.84
feet, the chord azimuth and distance being:
39' 35' 30" 55.06 feet;
14. 179' 36' 61.32 feet along Lots 1150 -C and 1150 -B of Land
Court Application 1053 (Map 81) to the
point of beginning and containing an area of
7.829 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(I) 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. 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 Agricultural District.
C. The required water commitment payment shall he submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within one hundred and eighty (180) days from the effective date of this
ordinance.
D. Final Subdivision Approval of the subject property shall be secured within five (5)
years from the effective date of this ordinance.
E. Restrictive covenants in the deeds of all proposed lots within the property 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 be removed by amendment of this ordinance by the County
Council. The owner of the property may also, in addition, impose private
covenants restricting the number of dwellings. A copy or the proposed
covenant(s) to be recorded with the State Bureau of Conveyances shall he
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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. All driveway connections to shall conform to Chapter 22, County Streets, of the
Hawaii County Code.
G. All development - generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. If required, a drainage study shall he
prepared and submitted to the Department of Public Works and any required
drainage improvements shall he constructed, meeting the approval of the
Department of Public Works prior to Final Subdivision Approval.
H. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawai`i County Code.
The method of sewage disposal shall meet with the requirements of the
Department of Health.
J. Should any remains of historic sites such as rock walls, terraces, platforms, marine
shell concentrations or human burials he encountered, work in the immediate area
shall cease and the Department of Land and Natural Resources- Histonc
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 bccn taken.
K. If the applicant, successors, or assigns develops residential units on the subject
property, the applicant shall make their fair share contribution to mitigate the
potential regional impacts of the property with respect to parks and recreation,
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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 for each lot shall be based on the actual number of
residential units developed. 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 he adjusted annually beginning three years after
the effective date of this ordinance, based on the percentage change in the
l lonolulu Consumer Price Index (HCPI). The fair share contribution shall have a
combined value of 57,698.11 per multiple family residential unit ($11,996.63 per
single family residential unit). The total amount shall be determined with the
actual number of units according to the calculation and payment provisions set
forth in this condition.
The fair share contribution per multiple fancily residential unit (single family
residential unit) shall be allocated as follows:
1. $3,797.26 per multiple family residential unit ($5,784.99 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $120.01 per multiple family residential unit ($279.07 per single family
residential unit) to the County to support police facilities;
3. $369.17 per multiple family residential unit (5551.20 per single family
residential unit) to the County to support fire facilities;
4. $164.54 per multiple family residential unit (5241.32 per single family
residential unit) to the County to support solid waste facilities; and
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5. $3,247.12 per multiple family residential unit ($5,140.06 per single family
residential unit) to the County to support road and traffic improvements.
In licu of paying the fair share contribution, the applicants may contribute land
and /or constrict 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 review and recommendation ofthe 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 other applicable laws, rules, regulations and
requirements of affected agencies for the development of the subject property.
N. An initial extension oftimc for the performance ofconditions within the
ordinance may he 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, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not he contrary to the General Plan
or Zoning Code.
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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 (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
manner, 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.
S ena !elestZ
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Datc of Introduction: February 18, 2010
Date of 1st Reading: February 18, 2010
Date of 2nd Reading: March 3, 2010
Effective Date: March 18, 2010
REFERENCE, COmni 673
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -22 (PUNA DISTRICT ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FIVE ACRES (A -5a) TO FAMILY AGRICULTURAL - TWO ACRES (FA -2a)
AT KEA'AU, PUNA DISTRICT, HAWAII
MAP PREPARED BY.
TMK 1- 6 -'.Ai C- COUNTY OF HAWAI'I PLANNING DEPARTMENT
DATE Sec 29, 2009
EXHIBIT "A" Kowa, Brewery Dev Co
Mao 1278
OFFICE OF THE COUNTY CLERK.
County o I Haw.ar i
Hilo.lbwill'i REC P D
humdlic"Iii, Donald ikeda
eitiu mail& A . - VCITF2
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Date Introduced February 18, 2010 NpE..; ABS EN
First Reading February 18, 2010 _ Enrique s Caki . IC • i ••• • ‘ ' .
Published February 27, 2010
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RLIIIIMS _ __ .. ____ _ !Raman X
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Ikeda X
Naeole-Beason X
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Yoshimoto X
Second Re:iding mal- 3, 2010
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I• Nla■ oi Mar ch :1, 2010
Returned March_ 18, 2010 — I ROIL CALL VO I k
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I flecti \ e March 18, 2010
AWS NOES ABS I X
Published March 25, 2010 1
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Ford X
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APPROVED AS TO
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DEP Y A ON OUNSEL
COU TY OF HAWAI'l
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MAR 1 2 2010 7ICLERA•
Date
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