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Home My WebLink AboutBIL 207 Draft 02 1996-1998COUNTY OF HAW STATE G; O 4n ORDINANCE NO. A 10 BILL NO. 207 (Draft 2) AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) AND SECTION 25-8-9 (HAWI - KAPAAU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a) AND SINGLE FAMILY RESIDENTIAL (RS -15) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT HANAULA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-4-06:21 AND 36. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, 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 Hanaula, North Kohala, Hawaii, shall be Single Family Residential (RS -10): Beginning at the Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 1 of Kynnersley Road Tract 2 (File Plan 659) and being a point on the Southerly boundary of Lot 3 of Kynnersley Road Tract 1 (File Plan 651), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU O NALE" being 11,995.03 feet North and 10,661.07 feet East and running by azimuths measured clockwise from True South: Thence, for the next six (6) courses following along the remainder of Grant 2744 to Makuaole and Hoolani: 2900 34' 1,119.35 2. 310 40' 72.95 3. 2880 50' 150.00 feet along Lots 3 through 18, inclusive, of Kynnersley Road Tract 1 (File Plan 65 1) to a point; feet to a point; feet to a point; 9g - 34 a • 4. 310 40' 5. 1160 15' 11" • 357.53 feet along Lot 4 to a point; 1,166.13 feet to a point; 6. 1950 39' 303.46 feet along Lots 5, 4, 3, 2 and 1 of Kynnersley Road Tract 2 (File Plan 659) to the point of beginning and containing an area of 9.840 Acres. (Refer to Parcel "A" as shown on Exhibit "A.") SECTION 2. Section 25-8-9, 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 Hanaula, North Kohala, Hawaii, shall be Single Family Residential (RS -10): Beginning at the Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 13 of Kynnersley Road Tract 1 (File Plan 65 1) and being a point on the Southerly side of the Hawi-Niulii (F.A.S.P. No. 3-A(1)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU O NALE" being 11,906.18 feet North and 11,450.12 feet East and running by azimuths measured clockwise from True South: 1. 290° 34' 64.39 feet along the Southerly side of the Hawi-Niulii Road (F.A.S.P. No. 3-A (1)) to a point; Thence, for the next three (3) courses following along the remainder of Grant 2744 to Makuaole and Hoolani: 2. 200 34' 194.00 feet along Lot 15 of Kynnersley Road Tract 1 (File Plan 65 1) to a point; 3. 1100 34' 64.39 feet to a point; 4. 2000 34' 194.00 feet along Lot 13 of Kynnersley Road Tract 1 (File Plan 65 1) to the point of beginning and containing an area of .12,492 Square Feet. (Refer to Parcel "B" as shown on Exhibit "A.") -2- 11 • All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 3. These changes in district classification are conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. 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 the this ordinance. C. 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 this ordinance. D. Access to the subject property from Akoni Pule Highway shall meet with the requirements of the Department of Transportation. The entrance roadway sight distance shall meet the requirements of the Statewide Design Manual. All lots shall be accessed from one common access road. , Met I APIA All roadways within the proposed subdivision shall be constructed in a manner meeting with the =royal of the Department of Public Works. [E]G. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works and/or State Department of Health prior to the issuance of Final Subdivision Approval. [F]H. A Solid Waste Management Plan for the subject property shall be submitted for review and approval to the Department of Public Works prior to the issuance of Final Subdivision Approval. -3- [G]I., The wastewater treatment and disposal system shall be designed in accordance with the requirements of the Department of Health. [H]I. To ensure that the [Goals] gg& and [Policies] policies of the Housing Element of the General Plan are implemented, the applicant shall [secure the concurrence of the Office of Housing and Community Development that the applicant's affordable housing requirements for the residential development of the subject property, if any, have been mutually agreed to prior to the issuance of Final Subdivision Approval for any portion of the subject property] comply with the requirements of Chapter 11. Article 1. Hawaii County Code, relating to Affordable Housing. [I1L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine [shall] sh U 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. -4- C7 0 [JIM. [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 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.] The applicant shall make its fair share contribution to mitigate potential regioLialpacts 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 multWyine the number of residential lots 1roposed to be subdivided by the amounts allocated hereinbelow for each such lot. and shall become due and IjUable prior to final subdivision approval for -any. portion of the subject property or its increments. If the subject propcM is subdivided in two or more increments. the amount of the fair share contribution due and 51! • 0 TSI dMilVAKKoW if 17 W IIIII,IIIIl�ItMjIIIIIII I=- -IT residential unit for an indicated to facilities; INIM, I "-$$t'l -all iWelAillmow _MA Nw share contribution shall have a imbined value "I.. me, WI 1741 of 7,239.16 per singli-,falmily resideritialBased =on the applicant's The =resentation o intent to develop up to 34 is $246,131.44 residential units. the indicated for total of fair share However. the contribution total amount shall be increAsed single-family residential or reduced in proportion zone, based units, with the actua ON, IT14FIll-ro mmr 111 =T -GIM -111 •- T- Tv 1 'll ' + .1 _1O_ . 'e a I- la $145.62 per single-family I8 to theW residential unit for an indicated to facilities; total o $3.101.68 per sin& -family $105,457.12 to the State s=ort solid waste residential unit for an indicated or Cg= to &=ort road and and total traffic o The fair share conttibutions described above shall be "d usted annually lra-�,-ukr LAVee vears atex O-Ic—.Olective -date -of fte--chaTee of zone, based on tl ON, W_ 0,1111! mmr 111 PI111,74-FIM sTrMffsTTMoTM5TsW M. Me, MM CON opt J_ t la • • [K]hl. 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. [L]Q. Comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property. [M]P. 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 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 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). -7- [N]Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 750-01 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL F: 46 -8- 6.1' A-20• 0 A-20• Q —0. � es -le RS • If J , - Z A -20r —0 Z 11 906.18 N ;2E;Rs-Ifes-N ;11,�4;5%1 0 _ 4V- cp'-1O $. 1 EA -20• PARCEL *Ir SINGLE FAMILY RESIDENTIAL (RS -15) TO SINGLE FAMILY RESIDENTIAL (RS -10) AREA: 12.492 SO. FT. A-20• ES -10 _- RS -If ch -10 ROAD s%1e es -le � I cs-1e I 11 995.03 N A - f• 10,661.07 E 'PUU 0 NAW A-20• kA-20•S-If RS -If A-20• s -1f PARCEL "A" AGRICULTURAL (A -20a) TO SINGLE FAMILY A '"- RESIDENTIAL (RS -10) AREA: 9.840 ACRES A-20• A-20• AMENDMENT TO THE ZONING CODE 10• AMENDING' SECTION 25-8-7 (NORTH AND ' SOUTH KOHALA DISTRICTS ZONE MAP) AND SECTION 25-8-9 (HAWI—KAPAAU ZONE MAP), , ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a) AND SINGLE FAMILY RESIDENTIAL (RS -15) TO SINGLE FAMILY RESIDENTIAL (RS -10) ' AT HANAULA, NORTH KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 5-4-06:21 & 36 NOVEMBER 12, 1997 EXHIBIT ..A.. (PROHOROFF)