HomeMy WebLinkAboutBIL 130 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 130
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING SE("LION 25-8-3 (NORTH KONA LONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRIC~[' CLASSIFICATION FROM AGRICULTURAL (A-3a) TO
RESIDENTIAL AND AGRICULTURAL (RA-1 a) AT KOHANAIKI, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7-3-19:21 & 30.
BE IT ORllAINED I3Y THh COUNCIL OF TIIE COUNTY OF HAWAII:
SECTION 1. Section 25-K-3, 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 Kohanaiki, North Kona,
Hawaii shall be Residential and Agricultural (RA-la):
Beginning at the Northeasterly corner of dlis parcel of land, being also a point on
the Southerly side of Homestead Road, the coordinates of said point of beginning referred
to Government Survey "I~riangulation Station "MOANUTAHEA" being 12,172.29 feet
South and 8,239.64 feet Wcst and runnning by azimuths measured clockwise from "IYue
South:
1. 356° 30' 505.65 feet along Grant 3735 to Keaweahawaii to a
point;
Thence, for the next three (3) courses following along the Westerly side of Old
Government Road:
2. 38° 45 68.00 feet to a paint;
3. 3° 45' 51.07 feet to a point;
4. 341 ° 31' 02" 198.44 feet to a point;
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Patent 8214, land Commission
Award 7715. Apana 1 1 to Lota
Kamehameha to a point;
Thence, for the next riventy (20) courses following along Grant 3752. Apana 2 to
George Mao:
6. 178° 16' 06" 111.10 feet along Lot 18 to a point;
7. 177° 48' 1 1 " 65.35 feet along Lot 16 to a point;
8. 178° 06' 41 " 31.39 feet along Lot I6 to a point:
Thence, for the next three (3) courses following along Lot 14:
9. 178° 40' 16" 49.54 feet to a point;
10. 188° 48' 06" 25.62 feet to a point;
11. 170° Ol' S3" 10.31 feet to a point;
Thence, for the next three (3) courses following along Lot 12:
12. 203° 45' S7" 26.55 feet to a point;
13. 168° 55' 22" 52.95 feet to a point;
14. 183° 50' 23" 9.04 feet to a point;
15. 183° 42' 19" 38.25 feet along Lot 10 to a point;
16. 178° 4T 07" 51.74 feet along Lot ] 0 to a point;
Thence, for the next three (3) courses following along Lot 8:
17. 178° 51' l4" 28.96 feet to a point;
18. 180° 42' 38" 49.05 feet to a point;
19. 183° 21' 10" 9.29 feet to a point;
20. 183° 36' ld" 62.06 feet along Lot 6 to a point;
21. 168° 34' 34" 27.47 feet along Lot C to a point;
22. 168° 20' 06" 38.48 feet along Lot 4 to a point;
23. 161 ° 53' 39" 45.47 feet along Lot 4 to a point;
24. 161 ° 34' 44" 23.87 feet along Lot 2 to a point;
25. 167° 2T 29" 71.41 feet along Lot 2 to a point;
"Thence, for the next five (5) courses following along Northerly face of stonewall
and along the Southerly side of Homestead Road:
26. 258° 15' 36" 49.61 feet to a point;
27. 264° 19' 35" 38.66 feet to a point;
28. 271 ° 3T 27" 71.15 feet to a point;
29. 268° I T 35" 157.92 feet to a point;
30. 277° 19' 02" 10136 leet to the point of beginning and containing
an area of 7315 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, Hawaii County Code, 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 fu1t711 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.
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A. The applicant(s), its successors or assigns shall be responsible for
complying with all of the stated conditions of approval.
B. The applicant(,), its successors or assigns shall be responsible for
complying with all requirements of Chapter 205, Hawaii Revised Statutes,
relating to permissible uses within the Stale band l Ise Rural District.
C. Final Subdivision Approval of the subject property shall he secured within
five years from the effective date of this ordinance.
D. Restrictive covenants in the deeds of all the proposed lots within the
subject propeny 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. ~fhis restriction may he removed by
amendment of this ordinance by the County Council. 'Fhe 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 Hawaii 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 Irom the Bureau of
Conveyances.
E. The applicant shall make its fair share contribution to mitigate potential
regional impacts of the subject project with respect to 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 far any portion of the
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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, in a
form of cash, land, facilities or any combination thereof, acceptable to the
director in consultation with the affected agencies, provided that the fair
share contribution to address the potential road impacts shall he in the
form of cash and shall be applied to improving the Kaloko Drive/Hawaii
Belt Koad intersection. The fair share contribution shall have a value of
$9,473.1 1 per lot. Based upon the applicant's representation of intent to
subdivide and develop up to two (2) lots. the indicated total fair share
contribution is $18,944.22, 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 F.
The fzir share contribution shall be allocated as follows:
$9,473.11 per lot for an indicated total of $18,944.22 to the State or
County to support road and traffic improvements.
The fair share contributions described above shall he 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 (HOPI).
[n 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. I~or purposes of administering Condition 1;, the fair market
value of land contributed or the cost of any improvements required or
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made in lieu o1 the fair share contribution shall be subject to the review
and approval of the director, upon consultation with the appropriate
agencies.
F. Homestead [load, if used to provide access to more than one lot, shall be
widened and improved from the point of the subdivision access to
Highway 190, meeting with the requirements of the Department of Public
Works, prior hi receipt of final subdivision approval. The intersection
with Highway 190 shall meet with the approval of the Department of
Public Works and the State Department of Transportation.
G. Install streetlights, signs and markings meeting with the approval of the
Department of Public Works, Traf~tic Division.
H. 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.
I. The applicant(s) shall comply with all applicable laws, rules, regulations
and requirements of affected agencies.
J. An annual progress report shall be submitted to the Planning Director prior
to the anniversary date of enactment of the ordinance. The report shall
include, but not be limited to, the status of the development and the extent
to which the conditions of approval are being complied. This condition
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to which the conditions of approval are being complied. This condition
shall remain in effect until all of the conditions of approval have been
satisfied and the Planning Director acknowledges that hirther reports are
not required.
K. 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.
L. 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. fhe non-performance is the result of conditions that could not have
been foreseen or are beyond the control of the applicant(s). its
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 he contrary to the
original reasons for the granting of the change of cone.
4. ~fhe time extension granted shall be for a period not to exceed the
period originally granted for performance (i.c., a condition to be
performed within one year may be extended for up to one
additional year).
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5. If the applicant(s) should require an additional extension of time,
the Planning Director shall submit the a~plic~_nt(s)' request to the
County Council for appropriate action.
M. Should any of the conditions not be met or substantially comniieci with in
a tii~~ely fashion, the Plamlillg Director may initiate rezoning of the subject
a~~ea to its original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is decl gyred invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordi~~a.nce shall take effect upon its approval.
INTRODUCF.,D BY:
COUNz~IL lY`EMBER, CCU -NTY OF II,^.~~~AI`I
i-iawai' i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
F,ffective mate:
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-3a) TO
RESIDENTIAL AND AGRICULTURAL (RA-1 a)
AT KOHANAIKI, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-19:21 & 30 Date: May 13, 2003
EXHIBIT "A" (CliffordKabumoto 1099)