HomeMy WebLinkAboutBIL 136 Draft 01 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 136
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -30 (NA`ALEHU ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY
RESIDENTIAL — 15,000 SQUARE FEET (RS -15) TO VILLAGE COMMERCIAL — 10,000
SQUARE FEET (CV -10) AT KAWALA, KA`U, HAWAII, COVERED BY TAX MAP KEY:
9 -5- 025:033.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -30, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
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 Kawala, Ka`u, Hawai`i,
shall be Village Commercial — 10,000 square feet (CV -10):
Beginning at a point at the southwest corner of this parcel of land, being also the
remainder of R.P. 1377 to D. F. Sanford and on the northerly side of Mamalahoa
Highway the coordinates of said point of beginning referred to Government Survey
Triangulation Station "STEIN 2" being 101.17 feet north and 3,039.57 feet west and
running by azimuths measured clockwise from true South:
1. 168° 23'
2. 25T 50'
3. 347° 03'
165.00 feet along the remainder of R. P.
Grant 1377 to D. F. Sanford;
123.16 feet along the remainder of R. P.
Grant 1377 to D. F. Sanford;
165.00 feet along Lot B, Na`alehu Village —
Sixth Series to a point at the
northerly side of the Mamalahoa
Highway;
4. 77° 49' 50" 127.00 feet along the northerly side of the
Mamalahoa Highway to the point of
beginning and containing an area of
20,637 square feet more or less.
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, Hawai`i 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
(1) 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, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. Plans for conversion of the single - family dwelling shall be submitted for Plan
Approval from the Planning Director within one (1) year from the effective date
of this ordinance. Plans shall identify fire protection measures, access roadway,
driveway and paved parking stalls. The applicant shall provide landscaping in
accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements), Chapter 25 (Zoning Code), Hawai`i County Code.
C. The commercial development shall utilize the existing dwelling. Renovations and
improvements which are generally consistent with the current appearance of the
existing home shall be allowed.
D. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the estimated maximum daily water usage calculations,
prepared by a professional engineer licensed in the State of Hawai`i, and a water
commitment deposit in accordance with the "Water Commitment Guidelines
Policy" to the Department of Water Supply within 180 days from the effective
date of this ordinance.
E. Access to the property from the Mamalahoa Highway (Highway 11) shall meet
with the approval of the Department of Transportation.
F. The method of sewage disposal shall meet with the requirements of the
Department of Health.
G. All development - generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties.
H. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawai`i County Code.
I. 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.
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Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
If the applicant, successors or assigns develop residential units on the property, the
applicant shall make its fair share contribution to mitigate the potential regional
impacts of the property with respect to parks and recreation, fire, police, solid
waste disposal facilities and roads. The fair share contribution shall become due
and payable prior to receipt of Final Plan Approval. The fair share contribution
for each lot shall be based on the actual number of residential units developed.
The fair share contribution in the 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). The fair share contribution shall have a maximum combined value of
$7,903.35 per multiple family residential unit ($12,316.47 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 family residential unit (single
family residential unit) shall be allocated as follows:
1. $3,898.50 per multiple family residential unit ($5,939.22 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $123.21 per multiple family residential unit ($286.51 per single family
residential unit) to the County to support police facilities;
3. $379.01 per multiple family residential unit ($565.89 per single family
residential unit) to the County to support fire facilities;
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4. $168.93 per multiple family residential unit ($247.75 per single family
residential unit) to the County to support solid waste facilities; and
5. $3,333.69 per multiple family residential unit ($5.277.10 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and /or construct 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 of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
K. To ensure that the goals and policies of the Housing Element of the General Plan
are implemented, if required, the applicant shall comply with the requirements of
Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing
Policy. This requirement shall be approved by the Administrator of the Office of
Housing and Community Development prior to Final Plan Approval.
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 applicable County, State and Federal laws,
rules, regulations and requirements.
N. 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).
5. If the applicant should require an additional extension of time, the
Planning Director 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
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
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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.
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCEI Comm. 449
INTRODUCED BY:
SINGLE - FAMILY RESIDENTIAL - 15,000 SO.FT. (RS -15)
TO VILLAGE COMMERCIAL - 10,000 SO.FT. (CV -10)
TOTAL AREA = 20,637 SOFT.
0
200
400
800
Feet
1,200
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -30 (NA'ALEHU ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE - FAMILY RESIDENTIAL - 15,000 SQ.FT. (RS -15) TO
VILLAGE COMMERCIAL - 10,000 SQ.FT. (CV -10),
AT KAWALA, KA'U, HAWAII
TMK: (3) 9-5-025:033
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE: Aug. 29, 2011
EXHIBIT "A"
Dr. Kevin Stuef, DDS
Map 1315