HomeMy WebLinkAboutORD 2018-001 2016-2018 .,.. .,:9_1.,ii ., .
i .. .1---:,, \\ilii. .,
YOF HAWAII *(, `,4 . STATE OF HAWAII
COUNT
�,
: :.,
... ..;
is,•...•P.�i
.._.: ......7:
., OF N ,�.
BILL NO. 78
ORDINANCE NO. IC ,.:
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—ONE ACRE (A-1a) TO SINGLE-FAMILY RESIDENTIAL—20,000
SQUARE FEET (RS-20) AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY: 6-5-004:049.
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 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waimea Homesteads,
South Kohala, Hawai`i, shall be Single Family Residential—20,000 square feet (RS-20):
Beginning at a point at the northeasterly corner of this parcel of land, being also
the southeasterly corner of Lot 5-B, said point of beginning being referred to Government
Survey Triangulation Station "WEST BASE" being 884.61 ft. North and 1,802.06 ft.
West and thence running by azimuths measured clockwise from True South:
1. 325° 09' 00" 282.20 feet along the Government Land of
Waimea;
2. 55° 09' 00" 170.00 feet along Lot 4 and Hoku`ula Road;
-1-
3. Along Lot 5-B on a curve to the right
with a radius of 10.00 feet, the chord
azimuth& distance being;
4. 100° 09' 00" 14.14 feet;
5. 145° 09' 00" 272.20 feet along Lot 5-B;
6. 235° 09' 00" 180.00 feet along Lot 5-B to the point of
beginning and containing an area of
50,775 sq. ft.
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 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) 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.
-2-
B. The required water commitment payment for the additional lot shall be submitted
to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within one hundred and eighty(180) days from the effective
date of this ordinance. The applicant shall comply with all requirements in the
Department of Water Supply, including the construction of all necessary water
improvements prior to final subdivision approval.
C. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five (5) years from the effective date of this ordinance.
D. 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 covenants(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.
E. A five (5) foot wide future road widening setback along the property's Hoku`ula
Road frontage shall be delineated on plat maps submitted for the subdivision of
the subject property. Upon the request of the Department of Public Works, the
applicant, successors or assigns shall subdivide the land encumbered by the future
road wideningand shall dedicate the land to the Countyof Hawai`i at no cost to
the County.
-3-
F. The driveway connection to Hoku`ula Road shall conform to Chapter 22, Streets
and Sidewalks, of the Hawai`i County Code and County standard details R-37 and
R-38.
G. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
H. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawai`i County Code.
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-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
K. 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 for the additional lots to be created. The
fair share contribution shall become due and payable prior to receipt of Final
Subdivision Approval. The fair share contribution shall be based on the actual
number of additional lots created. 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
-4-
have a combined value of$13,877.36 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. $6,674.78 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $323.59 per single family residential unit to the County to support police
facilities;
3. $639.13 per single family residential unit to the County to support fire
facilities;
4. $279.82 per single family residential unit to the County to support solid
waste facilities; and
5. $5,960.04 per single family residential unit to the County to support road
and traffic improvements.
In lieu of paying the fair share contribution, the applicant(s)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. 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.
-5-
M. The applicant, successors or assigns 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 Department shall submit the applicant's request to the Planning
Commission and the County Council for appropriate action.
0. 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.
-6-
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Ski
COUNCIL MEMBER,
e TY OF HAWAII
Kona , Hawai`i
Date of Introduction: December 5, 2017
Date of 1st Reading: December 5, 2017
Date of 2nd Reading: December 20, 2017
Effective Date: January 4, 2018
REFERENCE Comm. 560
-7-
A-40a
AGRICULTURAL-ONE ACRE(A-1a)TO A-400a
SINGLE FAMILY RESIDENTIAL-20,000 SQUARE FEET(RS-20) A-la
1.166 ACRE
A-1a A-la
554.51'N
1,502.05'W
"WEST EASE"
i
A-1a
F
A-la WilginingninAgak,
A-la
VIVIOVIgnex
lowspitz
i
Itipeto
A-la R5-10
A-la
RS-10
A-la •
R5-10 `�`��
s
/O� R5-10
C R5 10
A.)\,P A-la R5-10
A-la \AC)
•
R5-10
A-la
A-la A-1a
A-la
A-la
A-la
Feet
0 250 500 750 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-11 (LALAMILO-PU'UKAPU ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - ONE ACRE (A-la) TO
SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS-20)
AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII
MAP PREPARED BY:
TM K:(3)6-5-004:049 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:June 27,2017
EXHIBIT "A" Briihante
Mao: 1393
OFFICE OF THE COUNTY CLERK oupCD-tiY C 1
County of Hawaii HAWAII
Kona, Hawaii i
Introduced By: Karen Eo f f (B/R) ROLL CALL VOTE
Date Introduced: December 5, 2017 AYES NOES ABS EX
First Reading: December 5, 2017 Chung X
Published: December 16, 2017 David X
Eoff X
REMARKS'' Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
Second Reading: December 20, 2 017 7 0 2 0
To Mayor: December 29, 2017
Returned: January 4, 2018 ROLL CALL VOTE
Effective: January 4,: 2018 AYES NOES ABS EX
Published: January 13, 2018 Chung X
David X
REMARKS: Eoff X
Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
' --- ' ----). /‘ .(_..0< As, „
COU CHAIRPERSO ft-
4-a,
cis , F,
' i
Approve /Disapproved this day
of `��. 'i II\, , 2 0 i;< Cif ,- +
TY CLERK
c.............
Bill No.: 7 8
MAYOR, COUNTY WANC-560/PC-40
Reference:
Ord No.: 18 1