HomeMy WebLinkAboutBIL 041 Draft 02 1996-1998 •
COUNTY OF HAW,' II STATE OF HAWAII
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BILL NO. 41
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-17 (HAINA-HONOKAA-KUKUIHAELE
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-5a) TO AGRICULTURAL (A-2a) AT KAAO HOMESTEADS, HAMAKUA, HAWAII,
COVERED BY TAX MAP KEY 4-5-03:24 AND 124.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-17, 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 Kaao Homesteads,
Hamakua, Hawaii, shall be Agricultural (A-2a):
Beginning at a pipe at the northwest corner of this parcel of land and on the southerly side
of Hawaii Belt Road (S. D. R. 3(7))the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PAUHAU" being 1,625.47 feet North and
4,484.15 feet West and running by azimuths measured clockwise from True South:
Thence along the southerly side of the Hawaii Belt Road (S. D. R. 3(7)) along
a curve to the left having a radius of
1,959.86 feet, the chord azimuth and
distance being:
1. 278° 36' 02" 467.85 feet to a pipe;
2. 294° 58' 83.46 feet along the southerly side of the Hawaii
Belt Road(S. D. R. 3(7)) to a pipe near the
top bank of Kahaupu Gulch; thence along
the top bank of Kahaupu Gulch, along State
Land, for the next five (5) courses:
3. 67° 52' 97.90 feet to a pipe;
4. 39° 19' 192.54 feet to a pipe;
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5. 4° 52' 214.50 feet to a pipe;
6. 43° 30' 145.00 feet to a pipe;
7. 7° 47' 386.00 feet to a pipe;
8. 114° 58' 1,040.00 feet along remainder of Grant 8846 to
Claudina Gonsalves to pipe at the
southeasterly side of Loke Street;
9. 241° 09' 138.40 feet along the southeasterly side of Loke
Street to a pipe;
10. 261° 29' 37.60 feet along the southerly side of Loke to a
pipe;
11. 281° 48' 44.90 feet along the southeasterly side of Loke
Street to a pipe;
12. 238° 24' 167.00 feet along the southeasterly side of Loke
Street to a pipe;
13. 216° 07' 245.00 feet along the southeasterly side of Loke
Street to a pipe;
14. 246° 31' 230.80 feet along the southeasterly side of Loke
Street to a pipe;
15. 217° 35' 142.39 feet along the southeasterly side of Loke
Street to the point of beginning and
containing an area of 13.6736 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicants, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
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B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Rural District.
[B]C. The required water commitment payment for the proposed additional lots 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
from this ordinance
[C]D. Final Consolidation/Resubdivision [Subdivision] Approval of the proposed
subdivision development within the subject area shall be secured within five (5)
years from the effective date of this change of zone ordinance.
[D]E. Covenants in the deeds of all the subdivided lots within the subject area shall state
that no variance from the minimum water requirements shall be granted to further
subdivide the lots without improvements to the existing water system facilities,
meeting with the standards of the Department of Water Supply. 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] in
conjunction with the issuance of Final Consolidation/Resubdivision [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 with a copy of the recorded covenant to be filed with the Planning
[Department] Director upon its receipt from the Bureau of Conveyances.
F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within
the subject area shall prohibit the construction of an ohana or 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 Consolidation/Resubdivision
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Approval. A copy of the approved covenant(s) shall be recited in an instrument
executed by the applicants and the County and recorded with the Bureau of
Conveyances in conjunction with the issuance of Final
Consolidation/Resubdivision Approval.
[E]G. In conjunction with Final Consolidation/Resubdivision [Subdivision] Approval,
the section of Loke Street, fronting the subject property which lies between
Hawaii Belt Road and the opposite side of the westernmost driveway or access
road into the subdivision, shall be improved to a minimum 20-foot wide pavement
with 6-foot wide stabilized gravel shoulders. To provide for future road widening
improvements, a 10-foot future road widening, fronting the subject property along
Loke Street and beyond the existing 30-foot wide right-of-way, shall be delineated
on the subdivision plans. The 10-foot wide future road widening shall be
dedicated to the appropriate government agency upon its request and at no cost to
said agency. Direct access to the Hawaii Belt Road shall not be permitted. All
accesses, roadway and drainage improvements shall be constructed [in a
manner] meeting with the approval of the Department of Public Works prior to
the issuance of Final [Subdivision] Consolidation/Resubdivision Approval for
the subdivision development within the subject area.
[F]H. All grading and grubbing activities shall meet with the approval of the
Department of Public Works.
[G]I. The wastewater treatment and disposal system shall meet with the approval of the
Department of Health.
[H]J. Should any unidentified sites or remains such as artifacts, shell, bone or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Department of Land
and Natural Resources-Historic Preservation Division(DLNR-HPD) shall be
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immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when sufficient mitigative measures have been
taken.
K. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation,fire,
police, solid waste disposal facilities and roads. The amount of the fair share
contribution shall be the sum which is the 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 may be in a
form of cash, land, facilities, or any combination thereof acceptable to the director
in consultation with the affected agencies. The fair share contribution shall have a
maximum combined value of$7,239.16 per lot. Based upon the applicant's
representation of intent to subdivide and develop up to two (2) additional lots,the
indicated total fair share contribution is $14,478.32. however,the total amount
shall be increased or reduced in proportion with the actual number of subdivided
lots according to the calculation and payment provisions set forth in this
Condition K The fair share contribution shall be allocated as follows:
1. $3,490.85 per lot for an indicated total of$6,981.70 to the County to
support park and recreational improvements and facilities:
2. $168.40 per lot, for an indicated total of$336.80 to the County_ to
support police facilities}
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3. $332.61 per lot, for an indicated total of$665.22 to the County to
support fire facilities;
4. $145.62 per lot, for an indicated total of$291.24 to the County to
support solid waste facilities; and
$3.101.68 per lot, for an indicated total of$6,203.36 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
land, 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 fair market value of
land contributed pursuant to Condition G shall be credited against the sum
specified in Condition K(5) for road and traffic improvements. For purposes of
administering Condition K.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 the review and approval of the director, upon consultation with the
appropriate agencies.
[Ijk. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the easements of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
[J]M. Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the development within the subject area.
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[K]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. 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).
[L]O. 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
,y„77 •dc-
MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
Rti=Ek. CE: Comsn.
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-13-17= (HA1NA-HONOfVAA-KUf'CUJHAELE
ZONE MAP) ARTICLE CLE -B _, CHAPTER 25 (ZONING CODE) Or
THE HAINAII COUNT,' CODE, I3' ' CHANGING THE DISTRICT
CLA55IFICATION FROM AGRICULTURAL (A-5a) TO
• AGRICULTUT'RAL (A-2a) AT KAAO HOMESTEADS,
HAMAKUA, HAWAII_
PREPARI, B7' v PLANNING DEPARTMENT
CoUNTV 01= HAwA11
TMK _ 4 - -03 = -2.4 ANC t2.4 OCT. 28 , (CMG
EXHIBIT "A" �17CRoT 1-1-, ou-mA)