HomeMy WebLinkAboutBIL 207 Draft 03 1996-1998COUNTY OF HAW = STATE
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ORDINANCE NO.
OF HAWAII
BILL NO. 207
(Draft 3)
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:
1. 2900 34' 1,119.35 feet along Lots 3 through 18, inclusive, of
Kynnersley Road Tract 1 (File Plan 65 1) to
a point;
2.
310
40'
72.95
feet to a point;
3.
2880
50'
150.00
feet to a point;
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5. 116 15' 11" 1,166.13 feet to a point;
6. 195 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 comer 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. 20 34' 194.00 feet along Lot 15 of Kynnersley Road
Tract 1 (File Plan 65 1) to a point;
3. 110 34' 64.39 feet to a point;
4. 200 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.")
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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.
E. All roadways within the proposed subdivision shall be constructed in a manner
meeting with the approval of the Department of Public Works.
F. 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.
G. 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.
H. The wastewater treatment and disposal system shall be designed in accordance
with the requirements of the Department of Health.
I. 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,
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Article 1, Hawaii County Code, relating to Affordable Housing
J. Restrictive covenants in the deeds of all the proposed residential lots within the
subject property shall prohibit the construction of a second dwelling unit on each
lot. 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 shall be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances in conjunction with the
issuance of Final Subdivision Approval 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.
K. 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 finds that sufficient mitigative measures have been taken.
L. 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 I 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
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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 34 residential units, the indicated total of
fair share contribution is $246,131.44 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 L. The fair share contribution shall be allocated as follows:
1. $3,490.85 per single-family residential unit for an indicated total of
$118,688.90 to the County to support park and recreational
improvements and facilities;
2. $168.40 per single-family residential unit for an indicated total of
$5,725.60 to the County to support police facilities:
3. $332.61 per single-family residential unit for an indicated total of
$11,308.74 to the County to support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of
$4,951.08 to the County to support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of
$105,457.12 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. The cost of providing and
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constructing the improvements required in Condition D shall be credited against
the sum specified in Condition L (5) for road and traffic improvements. For
purposes of administering Condition L, 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.
M. 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.
N. Comply with all applicable laws, rules, regulations and requirements of affected
agencies for approval of the proposed development within the subject property.
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:
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).
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 property to its original or
more appropriate designation.
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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:
CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 1, 1998
Date of 1st Reading: April 1, 1998
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AMENDMENT. TO THE ZONING CODE
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)
PARCEL
SINGLE FAMILY
Z
"- soy
RESIDENTIAL (RS -15)'
TO SINGLE FAMILY
Z
111.906.18 N
RESIDENTIAL (RS -10)
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11,450.12 E
'Puu 0 NAX A
AREA: 12.492 SO. FT.
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CM - 10 s.1
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HAWt
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11 995.03 . N
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10,661.07 E
'PUU 0 NAX A
A-20•
A - 20•
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A-20•
PARCEL
RS -'If
AGRICULTURAL (A -20a)
TO- SINGLE FAMILY. "•''
RESIDENTIAL (RS -10)
AREA: 9.&10 ACRES
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AMENDMENT. TO THE ZONING CODE
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)