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Home My WebLink AboutBIL 329 Draft 01 1996-1998COUNTY OF HAWAII STATE OF HAWAII BILL NO. 329 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 SINGLE-FAMILY RESIDENTIAL (RS -10) AND VILLAGE COMMERCIAL (CV -7.5) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-01:PORTION OF 42. 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 Single -Family Residential (RS -10): Parcel 1 Beginning at a 1/2 -inch pipe at the Southeasterly comer of this parcel of land, on the Northerly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 87.94 feet South and 2,521.35 feet East, thence running by azimuths measured clockwise from True South: 1. 700 21' 423.69 feet 2. 1600 21' 10.00 feet along the Northerly side of Mamalahoa Highway; along the remainder of Grant 4834 to Kahoohanohano; Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 2050 21' 42.43 feet; 4. 1600 21' 30.40 feet along the remainder of Grant 4834 to Kahoohanohano; 5. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the left with a radius of 275.00 feet, the chord azimuth and distance being: 154° 44' 53.83 feet; 6. 1490 07' 146.54 feet along the remainder of Grant 4834 to Kahoohanohano; 7. 590 07' 305.25 feet along the remainder of Grant 4834 to Kahoohanohano to a rebar in concrete (found); 8. 1490 07' 488.35 feet along Grant 4736 to Hee Akou; 9. 2390 07' 404.02 feet along the remainders of Grant 4834 to Kahoohanohano and Grant 4564 to Kaanaana; 10. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 121° 59' 55.5" 18.00 feet; 11. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 2390 07' 68.82 feet; 12. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 3490 10' 34.5" 27.44 feet; 13. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right with a radius of 325.00 feet, the chord azimuth and distance being: 3400 51' 30" 132.28 feet; 14. 3520 36' 61.20 feet along the remainder of Grant 4564 to Kaaraana; -2- 15. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 150.00 feet, the chord azimuth and distance being: 2500 51' 30" 61.05 feet; 16. 2390 07' 306.80 feet along the remainder of Grant 4564 to Kaanaana; 17. 329° 07' 495.87 feet along Grant 4565 to H. Akona to a 1/2 -inch pipe; 18. 700 21' 100.00 feet along the remainder of Grant 4564 to Kaanaana to a 1/2 -inch pipe; 19. 3290 07' 150.00 feet along the remainder of Grant 4564 to Kaanaana to the point of beginning and containing an area of 10.303 Acres. The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Village Commercial (CV -7.5): Beginning at a 1/2 -inch pipe at the Southwesterly comer of this parcel of land, on the Northerly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 284.84 feet South and 1,969.90 feet East, thence running by azimuths measured clockwise from True South: 1. 1490 07' 231.79 feet along the remainder of Grant 4834 to Kahoohanohano to a spike; 2. 239° 07' 207.17 feet along the remainder of Grant 4834 to Kahoohanohano; 3. 3290 07' 146.54 feet along the remainder of Grant 4834 to Kahoohanohano; 4. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the right with a radius of 275.00 feet, the chord azimuth and distance being: 334° 44' 53.83 feet; -3- 5. 3400 21' 30.40 feet along the remainder of Grant 4834 to Kahoohanohano; 6. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 250 21' 42.43 feet; 7. 3400 21' 10.00 feet along the remainder of Grant 4834 to Kahoohanohano; 8. 70° 21' 161.86 feet along the Northerly side of Mamalahoa Highway to the point of beginning and containing an area of 1.166 Acres. 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 petitioner, its successors or assigns, shall be responsible for complying with all conditions of the change of zone. 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 change of zone ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. Prior to commencing construction in the Village Commercial zoned area, Final Plan Approval for the proposed commercial development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code. Plans shall identify the proposed structures, vehicular traffic, paved driveway access and parking stalls associated with the proposed use. Landscaping shall -4- comply with the Planning Department's Rule No. 17 relating to Landscaping Requirements for the purpose of mitigating any adverse noise or visual impacts to adjacent properties. E. Access to the subject property from Mamalahoa Highway 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. F. All proposed residential lots shall access from the interior roadways. No direct vehicular access other than a right turn in and right turn out from Mamalahoa Highway shall be allowed for the proposed commercial lots along the highway, as may be approved by the Department of Public Works. G. Mamalahoa Highway shall be improved with a channelized intersection meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy in the Village Commercial zoned area. H. The subject property's Mamalahoa Highway frontage in the Village Commercial zoned area shall be improved with curb, gutter and sidewalks, drainage improvements, and relocation of utilities along the Mamalahoa Highway meeting with the approval of the Department of Public Works, prior to issuance of a certificate of occupancy in the Village Commercial zoned area. In lieu of constructing these improvements, the applicant may pay a fee in an amount equivalent to the cost of the required improvements to the County of Hawaii. Said fee shall be used by the County for the construction of similar improvements along Mamalahoa Highway in the vicinity of the project area, as determined by the County. -5- Should the road improvements under the terms of G and H qualify as a federally funded project, in lieu of the actual construction, the applicant shall deposit with the County an amount equal to the cost of construction which shall be paid in a manner meeting with the approval of the Finance Director and the Chief Engineer prior to the issuance of a Certificate of Occupancy in the Village Commercial zoned area. A Drainage Study shall he prepared and submitted for review and approval to 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. K. A Solid Waste Management Plan for the subject property shall be prepared and submitted for approval to the Department of Public Works prior to securing Final Subdivision Approval. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the applicable requirements of Ordinance No. 98-1, relating to the County of Hawaii Affordable Housing Policy. M. 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. IM N. The applicant shall make its fair share contribution to mitigate the 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 single family residential zoned lands or its increments. The fair share contribution for each single family residential 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, the applicant may construct and contribute improvements/facilities related to roads, park, fire, police and solid waste disposal facilities within the region impacted by the proposed development with the approval of the appropriate agency(ies). Any contributions required by this ordinance and Ordinance No. 96-117 relating to the Parker Ranch 2020 project that exceed the fair share requirement of these proposed development shall, at the applicant's request be credited towards any of the applicant's developments that require infrastructural impact contributions. O. Should the Council adopt a Unified Impact Fee Ordinance setting forth criteria for the imposition of exactions or assessments of impacts fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. 7- P. Comply with all other applicable laws, rules, regulations and requirements of the affected government agencies for the proposed development. Q. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Director acknowledges that further reports are not required. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the 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 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). -8- S. 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: CO Cl MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 1048 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 0 % li II oe' I roc, �- . 5. iV ..5. i i t, /PARCEL 1 I p Y.Vr cV .2o W I F 10 Gu HIa Al „ [5 O Tp .lo i'^ e. f. u 2 Hpnpypp� _ l0 284.84 5 87.94 S __ _-- e 1,969.90 E 2,521.35 E e , WEST BASE' A WEST WE' Y _O Hlo . 5 PARCEL 1 .lo AGRICULTURAL (A—Sa) TO SINGLE—FAMILY RESIDENTIAL (RS -10) AREA: 10.305 ACRES ' PARCEL 2 5. �o5k AGRICULTURAL (A -5a) ( ) TO VILLAGE R� COMMERCIAL (CV -7.5) 1.1" ACRES m 9 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 -5a) TO SINGLE-FAMILY RESIDENTIAL (RS -10) AND VILLAGE COMMERCIAL (CV -7.5) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK 6-4-01: Portion o/ 42 OCTOBER 7, 1998 EXHIBIT W' (PN ER R CH,1,.) ;c,