HomeMy WebLinkAboutORD 2013-011 2012-1014 •'�••/\n����
COUNTY OF HAWAII - � '/'• STATE OF HAWAII
BILL NO. 2
ORDINANCE NO. •I 11
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—FORTY ACRES (A-40a) TO RESIDENTIAL AND AGRICULTURAL—
0.5 ACRE (RA-.5) AT PU'UKAPU HOMESTEADS lsI, SOUTH KOHALA, HAWAI°I,
COVERED BY TAX MAP KEY 6-4-001:099.
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 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 Pu'ukapu
Homesteads 1st, South Kohala, Hawai`i, shall be Residential and Agricultural—0.5 acre
(RA-.5):
Beginning at the northeast corner of this parcel of land and on the west side of a
15-foot Government Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "EAST BASE'" being 4,029.11 feet North and
6,235.65 feet West and running by azimuths measured clockwise from True South:
Following along a 15-foot Government
Road for the next five (5) courses, the
azimuths and distances between points
being:
1. 351° 45' 181.00 feet;
2. 264° 25' 75.90 feet;
3. 31T 03' 32.85 feet;
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4. 26° 39' 141.57 feet;
5. 352° 16' 30" 26.59 feet;
6. 73° 56' 77.40 feet along the north side of Hawai`i Belt
Road;
7. Thence along a 30-foot Road. along a curve to the right having a radius of 20.00
feet, the chord azimuth and distance being:
121° 13' 29.39 feet;
8. 168° 30' 350.98 feet along a 30-Foot Road;
9. 264° 05' 30" 106.08 feet along Lot 3-B to the point of beginning
and containing an area of 1.004 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, 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, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
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B. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within 180 days from the effective date of this ordinance. The applicant shall
comply with all requirements in the Department of Water Supply's August 28,
2012 letter, including the construction of all necessary water improvements prior
to final subdivision approval to include the extension of approximately 120 feet of
6-inch water main along proposed Kakanihia Road, construction of service
laterals to accommodate a 5/8-inch meter fronting the additional lot, relocation of
the existing service lateral to front the appropriate lot, cut and plug the existing
lateral at the main, and relocate and adjust the Department's affected water system
facilities if necessary.
C. The applicant, successors, or assigns shall notify prospective purchasers, tenants,
or lessees of all lots that farming operations and practices on adjacent or
contiguous land in the State Land Use Agricultural District are protected under
Hawaii Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This
notice shall be included in any disclosure required for the sale or transfer of all of
the proposed lots.
D. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawai`i Revised Statutes
Chapter 165, the Hawaii Right to Farm Act; provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the Agricultural District.
F. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
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F. Direct vehicular access to the individual lots shall be prohibited from Mamalahoa
Highway.
G. Restrictive covenants in the deeds of all the proposed lots 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 owners of
the property may also impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s) to be recorded with the State of
Hawai`i 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 recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
H. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. 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—
State Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
K. The applicant(s) shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire. police,
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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 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 combined value of
$12,772.64 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
single family residential unit shall be allocated as follows:
1. $6,159.19 per single family residential unit) to the County to support park
and recreational improvements and facilities;
2. 5297.12 per single family residential unit) to the County to support police
facilities;
3. $586.85 per single family residential unit) to the County to support fire
facilities;
4. $256.93 per single family residential unit) to the County to support solid
waste facilities; and
5. $5,472.55 per single family residential unit) to the County to support road
and traffic improvements.
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In lieu of paying the fair share contribution, the applicants 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.
L. 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,
Article 1, Hawaii 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 Subdivision Approval.
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. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
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. successors or assigns,
and that are not the result of their fault or negligence.
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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 Department shall submit the applicant's request to the Planning
Commission and 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 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:
•
(3/se-,
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: January 9, 2013
Date of 1st Reading: January 9, 2013
Date of 2nd Reading: January 23, 2013
Effective Date: February 13, 2013
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REFERENCE Comm., 6
OFFICE OF THE COUNTY CLERK .
County of Hawai`i
Kona , Hawai`i , ,. ,
Introduced By: Zendo Kern (B/R) ROLL CALL VOTE
Date Introduced: January 9, 2013 AYES NOES ABS EX
First Reading: January 9, 2012 Eoff X
Published: January 19, 2013 Ford X
Ilagan X
REMARKS: Kanuha _ X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: January 23 , 2 013 9 0 0 0 1
To Mayor: January 31, 2012
Returned: February 14, 2013 ROLL CALL VOTE
Effective: February 13, 2013 AYES NOES ABS EX
Published: February 21, 201'3 Eoff X
Ford X
REMARKS: Ragan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
8 0 1 0
J
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO Ste"' _
FORM AND CITY:
Ar CO CIL CH RPERSON
DEPUTY CORPORAT •'•`"11UNSEL I
COUNTY OF H: • 'I
OLT CLERK
Date FEB - 6 2013
2
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MA YOR, COUNTY OF HA WAI'I
A-40a A-40a A-40a
A-40a
A-40a A-40a
A-40a
A-40a
4,029.11'N
4235.65 W
'EAST 5A5E"
A-40a AGRICULTURAL-FORTY ACRES(A-40a)
TO RESIDENTIAL AND AGRICULTURAL-
0.5 ACRES(RA-5)
1.0046 ACRES TOTAL
A-40a
lir
N NWY
N`PMP`POP
A-40a
A-40a
A-5a
A-5a
A-5a N
A-5a
ntt-
A-5a ':.+'
II
Feet
0 125 250 500 750 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-11 (LALAMILO-PU'UKAPU ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FORTY ACRES (A-40a)TO
RESIDENTIAL AND AGRICULTURAL - 0.5 ACRE (RA-.5),
AT PU'UKAPU HOMESTEADS 1st, SOUTH KOHALA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK:(3)6-4-001:099 DATE:JUL 31,2012
EXHIBIT"A" Fumie Bonk
Mao 1326