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Home My WebLink AboutBIL 130 Draft 03 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 130 _ (Draft 3) ORDINANCE NO. AN ORDINANCE AMENDING SEC"f10N 25-8-3 (NOR'T'H KON,110NE MAP), ARTICLE 8, CHAPTER 2~ ("CONING CODE) OP "PHE HAWAII COUN"fY COllE. BY CHANGING THE DISTRICT CLASSIFICATION PROM AGRICUI,'fURAL (A-3a) TO RF,SIDENTIAL AND AGRICULTURAL (RA-la) AT KOHANAIHI, NORTH KONA, HAWAII. COVERED BY TAX MAP KEY 7-3-19:21 & 30. BE I'I' ORDAINED BY TI IE COUNCIL OF THE COUNTY OF HAWAI'L SECTION L Section 25-8-~, Article 8. Chapter 25 (Coning 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-1 a): Beginning at the Northeasterly corner of this parcel of land. being also a point on the Southerly side of Homestead Road, the coordinates of said point of beginning referred to Government Sureey Triangulation Station "MOANUiAHEA" being 12.172?9 feet South and 8,239.64 feet Wcst and runnning by azimuths mcasw~ed doda~~ise from True South: 1 . 356° 30' S0~.65 feet along Grant 3735 to Keawcahawaii to a point; "Phence, for the next three (3) courses lollowing along the Westerly side of Old Government Road: Z. 38° 45' 6R.00 feet to a point; 4>' S 1 .07 Peet to a point; 4. 341 ° 31' 02" 198.44 leet to a point; -1- 86° 40' ? I " 415.80 feet along Lot 8-C and along Rovul Yatcnt 8214, Land Commission Award 7715, llpana I I to Lota Kamehameha to a point: Thence, for the next twenty (20) courses following along Grant 372, Apana 2 to George Mao: 6. 178° 16' OG' 1 1 1.10 feet along Lot 18 to a point: 7. 177° d8' 1 I " 65 3ti feet along Lot 16 to a point; 8 178° OG 4 ~ ° 3 ] 39 Ceet along Lot 16 to a point Thence, for the neat d~ree (3) courses following along I.ot Id: 9. 178° 40' 1 G" 49.54 feet to a point 10. 188° 48' OG" 25.62 feet to a point; 1 I. 170° 01' ~3" 10.31 feel to a point 7~hcnce, for (he next three (3) courses following along Lot 12: 12. 203° 4S 57" ?6.~5 lcet to a point; 13. 168° 55' 22" 52.95 feet to a point; 14. 183° 50' ~3" 9.04 feet to a point; 15. 183° 4~' 19" >8?~ feet along I,ot ]0 to a point; 16. ]78° 4T 07" 11.74 feet along ],ot 10 to a point; Thence. for the next three (3) courses lollowing along Lot 8: 17. 178° 51' I4" 38.96 feet to a point; 18. 180° ~2' 38" 49.0 feet to a point 19. 183° 21' 10" 9.29 Icet to a point 20. 18 i° 36' 14" (2.OV Feet along Lot 6 to a point 21. 168° 3d' 34" 27.47 feet along Lot 6 to a point; ~ f~8° 38.48 feet along Lot 4 to point 3 3. 161 ° 53' 39" 45.47 feet along I,ot to a point; 34. 161" 34' 44" 21.87 Icet along, Lot ? to a point: 25. 167° 37' '9" 71.41 feet along Lot ~ to ~ point; Thence, for the next live (5) courses following along Norlherl}~ face of stonewall nud along the &nrtha'ly side of Homestead Road: 26. 258° I 36" 49.61 feet to a point; 27. 26=4° 19' 35" ;8.66 feet to a point: 28. 271 ° 3T ~7" 71.15 Feet to a point; 29. 268° 1 T 3>" 157.92 Icet to a point; 30. 277° 19' UZ" 101.36 Icet to the point of beginning and containing mi area of 7.315 ncres. All as shown on the map attached hereto, marked Exhibit °A" and by reference made a part hereof. SGC'f10N In accordance with Section 25-2--~4, Hawai'i Count}~ Code, the County Council finds the following conditions arr. (I) Necessary to prevent circumstances which may be adverse to the public health, safety and ~~elfare; or (2) Reasonably a~nccived to fulfill needs directly emanating From the land use proposed with respcctto: (~1) Protcciiun of the public from the potentially dcleterions effects of the proposed use. or ([3) Pultillment of the need for public service demands created by the proposed use. -3- A, fhc applicmt(s), its successors or assigns shall be responsible fbr complying ~e~ith all of the stated conditions of approval. [3. hhc applicant(sj. its successors or assigns shall be responsible i~~r compl~~ing with all requirements ofChupter20J. 1lawaii Ke~~ised Statutes, relating to permissible uses within the State Land Use Kurul District. C. Final Subdivision Approval of the subject propcrt}~ shall be secured within iii°c yew's thorn the effective dale oPthis ordinance. D. Restrictive covenants in the deeds ofall the proposed lots ti~ithiu the subject property shall give notice that the terms of the zoning ordinance prohibit the construction ofa second dy~ellulg unit and condominium properic regimes on each lot. This restriction nw}~ be remo~~ed by amendment of this ordinance b} the County Council. The owners of the property note also impose pri~'ate cu~~enants restricting the number oh dwellings. A copy of the proposed covenant(s) to he recorded with the State of lia~~ai'i [3urcuu of Conveyances shall he submitted to the Mam~ing Director lix review and approval prior to die issuance of Final Subdivision Approval. A copy of the recorded document shall he tiled with the Manning Deparunent upon its receipt from the 13urcau of Conveyances. The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads. 7'he amount ofthe fair share contribution shall be the sum which is the product of multiplying the number of residential Lots proposed w be subdiridcd by the amounts allocated hereinbelow fbr each such lot, and shall become due and payahic prior u. Ilnul subdivision zpproval i~rn' any portion of the -a- subject property or its ina'ements. If the subject property is subdivided in twn or more increments_ the amount of the fair share amU'ibution due and payable prier to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number ofproposed residential hits in each such increment. 'I~he fair share contibution. in a form of cash land. facilities or any combination thcrcul; acceptable to the director in consultation with the aflected agencies, provided that the lair share contribution to address the potential road impacts shall he in the Ibrm ofatsh .uui shall be applied to improving the Kaloko Urivc/Elawaii 13c1t Road intersection. "I'he lair share contribution shall hair a value of $~~.4~'3.1 I pci lot. Based upon the applicant's repmsontation of intent to subdivide and develop up to two (2) lots, the indicated total lair sham conU~ihulion i~ti `~I8,94d?2, hov,~ever, the total amount shall be increased or reduced in proportion with Use actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition E._ 7~he ~nir share contribution shall be allocated as li~llows: $9.47'.1 1 per lot for ati indicated total of $18,944?2 to the State or County to support road and traffic improvements. ~fhc fair share ~ontrihutions described above shall be adjusted annuall}~ beginning three years ailer the effective date of the change of:ame, haled on the percentage change in the Ilonolulu Consumer Price Index (F3CPl). In lieu of paying the lair share contribution, the applicant may construct and contrihute Lind, improvements/t~~cilities related to parla and rccrcation, fire, police, solid waste disposal facilities, and roads within iho region impacted b}~ the proposed devclopmenl, subject to the approval of the director. For purposes oPadministering Condition I'. the I<tir market value of land contributed or the cost of am' improvements reyuircd 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. P. l lomcstcad Road, if used to provide access to morn than one Iot. shalt be improved From the point of the subdivision access to liigh~~uy I90, meeting with the requirements of the Department of Public Works, prior to receipt ot~tinal subdivision approval. G. Install streetlights, signs and markings muting with the appro~'ul oFihe Dcparuncnt of Public Works, ~I~raflic Division. f L Should any remains of historic silts, such as rocl. walls. terraces, plutYurms, marine shell concentrations or human burials be encountered, ~~ork iu the immediate urea shall cease and the Department of Land and Natural Resources-~listoric Preservation Division (DI.NR-1IPD) shall he inunaiiatcly n~~tilial. Subseyucnt work shall proceed upon an archarolo~~ical clearance from the DLNR-1IPl~ when it finds th~ii suPllcieut miticativc measures have been taken. 1. the applicant(s) shall comply with all applicable laws. rules, regulations and requirements o(aFfectcd agencies. I. An annual progress report shall be submitted to the Planning Director prior to the ~umiversaq~ date oPenactmenL of the ordinance. "I~he report shall include. but not be limited to. the status oPihc development and the extent to which the conditions of approval are being complied. phis condition shall renwin in eClecl until all of the conditions ol~appro~al hacr been satisllal and the Plannine Director acknowledges that PurO~er reports arc not required. K. Should the ('ouncil adopt a Unilied Impact Fees Ordinance setting forth criteria fir imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the I Inificd Impact Fees Ordinance. L. ;fin initial extension of time for the perlonnancc of conditions ithiu the ordinance mad be granted by the Planning Director upon the fallowing circumstances: 1. I~he nom-performance is the result of conditions that could not have been Ioresea~ or arc beyond the control of the applicant(s), its successors or assigns, and that tuc not the result of their fault or negligence. Granting of the time extension would not be contrary to the General Plan or toning Code. 3. Granting of the time extension would not be amtrurp to the original masons fur the granting ofthe chuuge of lone. d. The time extension granted shall be for a period not to exceed the period originally granted for pcri~ormance (i.e.. a condition to be perlornred within one year may be extended fbr up to one additional ~'ru). 7. II the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicunt(s)~ rcyucst to the -7- Cbunly Council for appruprialc action. M. Should any of the conditions not be met or substantially complied with in u timely fashion, the Planning Director may initiate rezoning ofthe subject area to its onginal or more appropriate designation. Sf?C~fION 3. In the event that auy portion of this ordinance is declared invalid, such im°alidity shall not affect the other parrs of this ordinance. Sl[C'IION 4. 'this ordinance shall take cficct upon its appro~~<d. I 'TROD C Y: i, U Cll, btl?M R, CO JN"l'Y O[' HAWN'I . Hawaii Date of Introduction: Date of Ist Rcadiug: Dale of and Kcadina: F.ffcctive Dme: REFEttENC~: :.arum..__.~91..3- -x- RS-z0 q_ia A I.i N A-2Oa n .3i T 3 W f:' r5 2G Z n 0 r m n S AGRICULTURAL (A-3a) TO 12,172.29 S n- ~ a A-zoa RESIDENTIAL AND AGRICULTURAL RA-1a 8239.64 w AREA'= 7.315 ACRES 43a "MOANUTANEA'@, A-ia A- I .i A-2Oa n3a A-la y v w w n-ia n- i a Lihau, St. A-3a A- I a n3a / A- I a Mae A-3a A-zoa m / ai i _3a Ala A-3a n-I, I a ~ l(d~~~~ a 2A-Ia ~ A-3a a' r 3 n-3a Z 3 A-la m o? o m r s A 3a A-3a ~ A 3a ~ KA la I A sa A-3a A- l a q 3z A-3a 540 270 0 540 1,080 1620 2,160 Feet AMENDMENT TO THE BONING 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" (Clifford Kabumoto:1099)