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Home My WebLink AboutBIL 183 Draft 01 1996-1998 10 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 183 ORDINANCE NO. 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 -5a) TO NEIGHBORHOOD COMMERCIAL (CN -7.5 AND RESIDENTIAL AND AGRICULTURAL (RA -.5a) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6 -4- 01:92. 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 area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Neighborhood Commercial (CN -7.5): Beginning at the Northwesterly corner of this parcel of land, being also a point on the Westerly boundary of Lot H, the Southeasterly corner of Lot G -3 and being the Northeasterly corner of Lot G -2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 379.77 feet South and 431.26 feet East and running by azimuths measured clockwise from True South: 1. 250° 21' , 127.02 feet along the remainders of Lot H, Lot 53 of the Puukapu Homesteads, 1st Series and Grant 4210 to Elizabeth W. Lyons to a point; 2. 329° 07' 436.00 feet along the Westerly side of an existing Roadway to a point; 3. 70° 21' 121.95 feet along the Northerly side of Mamalahoa Highway to a point; } . • • • 4. 149 07' 260.00 feet along Lot G -1 and along the remainders of Lot 53 of the Puukapu Homesteads, 1st Series and Grant 4210 to Elizabeth W. Lyons to a point; 5. 147° 30' 30" 177.06 feet along Lots G -1 and G -2 and along the remainders of Lot 53 of the Puukapu Homesteads, 1st Series and Grant 4210 to Elizabeth W. Lyons to the point of beginning and containing an area of 1.207 Acres. (Refer to Parcel 1 a shown on Exhibit "A. ") The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Residential and Agricultural (RA -.5a): Beginning at the Southwesterly corner of this parcel of land, being also a point on the Westerly boundary of Lot 11, the Southeasterly corner of Lot G -3 and being the Northeasterly corner of Lot G -2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 379.77 feet South and 431.26 feet East and running by azimuths measured clockwise from True South: 1. 147° 30' 30" 546.14 feet along Lot G -3 and along the remainders of Lot 53 of the Puukapu Homesteads, 1st Series and Grant 4210 to Elizabeth W. Ilf Lyons to a point; 2. 229° 45' 126.59 feet along the Southerly side of Homestead Road to a point; Thence, for the next three (3) courses following along the Westerly side of an existing Roadway: 3. 329° 07' 268.00 feet to a point; 4. 302° 33' 33.54 feet to a point; 5. 329° 07' 293.28 feet to a point; -2- 1111 • 6. 70° 21' 127.02 feet along the remainders of Lot H, Lot 53 of the Puukapu Homesteads, 1st series and Grant 4210 to Elizabeth W. Lyons to the point of beginning and containing an area of 1.632 Acres. (Refer to Parcel 2 as shown on Exhibit "A. ") All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification are conditioned upon the following: A. The applicants, 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 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 within five (5) years from the effective date of the Change of Zone ordinance. E. A traffic impact analysis report shall be submitted to the Department of Public Works for review and approval prior to submittal of plans for subdivision review. -3 • • F. Access to the subject property from Mamalahoa Highway Road 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. G. Mamalahoa Highway shall be improved with a left turn pocket or a double -left turn median, if required by the Department of Public Works in conjunction with Final Subdivision Approval. H. Prior to securance of a certificate of occupancy for the neighborhood commercial zoned area, the subject property's Mamalahoa Highway frontage shall be improved with curb, gutter and sidewalk construction, drainage improvements, and relocation of utilities along the Mamalahoa Highway meeting with the approval of the Department of Public Works. I. Should the road improvements under items G and H qualify as an ISTEA (federally funded) project, in lieu of actual construction, the applicants shall deposit with the County an amount equal to the cost of construction. The amount shall include a pro -rata share of the development costs and shall be paid in a manner meeting with the approval of the Finance Director and the Chief Engineer prior to the issuance of Final Subdivision Approval. J. A drainage study of the project site, shall be prepared for review and approval . by 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. -4- ' • • K. A Solid Waste Management Plan shall be submitted meeting with the approval of the Department of Public Works prior to securing Final Subdivision Approval. L. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls 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 fmds that sufficient mitigative measures have been taken. M. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, 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 lot counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the subject property or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each 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 (HCPI). In lieu of paying the fair share contribution for other facility impacts, the applicants may construct such facilities related to roads, park, fire, police and solid waste disposal facilities with the approval of the appropriate -5- agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions. N. 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. O. An initial extension of time for the performance of conditions within the ordinance may be 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, 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 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). -6- • • i { P. 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 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: le7e (g7) 1 C CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: j Date of 2nd Reading: Effective Date: ( i..FERENCE: Comm __ ' APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: k €€ M y -7- /- � A.1• A - -I• ... . ' ` A . - I• 4- `'. cv 1 - ARCFL' ?: h u ° ! t, A -. 1e - A•.0• o 379.77 S CHU' CH RD 431.26 E �' e� To Kowolhas '4 IN C N 7: / Cll. 7.0 ■••/ I GN-7:/ _ ., -. '.'•'r.M..O'I"a`n1.V_ CY - 20 � A - i 1 / CV - 40 NI GH2 A •f e _� ►A Y !! -!.0 R!-1• GN �.; V GN - 1. /. 7o NohOko i A- 40• . C7 . -7.i N Mgal 10 C" ' COI -7.1 its A•f• A• f• [M -• Rs iL•� PARCEL 1 Rs - to 1111111k ` AGRICULTURAL (A -5o). �� TO NEIGHBORHOOD COMMERCIAL (CN -7.5) [S - 1o. A - e. AREA: 1.207 ACRES EN No Gv .f Rr - s ROB IS - 10 PARCEL 2 RA -:1. AGRICULTURAL (A -So) 11111111 • f• TO RESIDENTIAL AND AGRICULTURAL (RA — .5a) 1 — / vv \ AREAS 1.632 ACRES AMENDMENT TO THE ZONING CODE 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 -5o) TO NEIGHBORHOOD COMMERCIAL (CN -7.5). AND RESIDENTIAL AND AGRICULTURAL ,(RA—.5a) AT PUUKAPU, WAIMEA, SOUTH'KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY - OF HAWAII TMK ` . 6 -4- 01:92 NOVEMBER 25,1997 EXHIBIT A" (BERGIN)