HomeMy WebLinkAboutORD 2004-056 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 209
(Draft )
ORDINANCE NO. ~4 $B
AN ORDINANCE 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-Sa) TO
SINGLE FAMILY RESIDENTIAL (RS-7.5) AT PUAPUAA 2nd, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-20:7] and 72.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, 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 Puapuaa 2nd, North
Kona, Hawaii shall be Single Family Residential (RS-7.5):
PARCEL"A"
Beginning at a % inch pipe (found) the Northwesterly corner of this parcel of land,
being also the Southwesterly corner of Lot 5-A and being a point on the Easterly side of
Alii Drive, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAHELO" being 1,953.10 feet South and 1,089.37 feet East and
running by azimuths measured clockwise from True South:
Thence, for the next six (6) courses following along the remainder of Royal Patent
7819, Land Commission Award 8559-B, Apana 8 to William C. Lunalilo:
1. 240° 41' 688.11 feet along Lot 5-A to a spike (found);
2. 330° 34' 30" 48.96 feet to a spike (found);
3. 240° 08' 50.00 feet to a''/z inch pipe (found);
Thence, following along Parcel B-1 on a curve to the left with a radius of 5,050.00
feet, the chord azimuth and distance being:
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4. 329° 08' 176.27 feet to a''/z inch pipe (found);
5. 328° 08' 57.30 feet along Parcel B-I to a''/z inch pipe
(found);
6. 57° 52' 35" 739.70 feet along Lot 3-A to a %z inch pipe (found);
Thence, following along the Easterly side of Alii Drive on a curve to the right with a
radius of 5,704.70 feet, the chord azimuth
and distance being:
7. 149° 28' 31.5" 318.21 feet to the point of beginning and containing
an azea of 5.036 Acres.
PARCEL "B"
Beginning at a''/z inch pipe (found) the Southwesterly comer of this parcel of land,
being also the Northwesterly corner of Lot 5-A and being a point on the Easterly side of
Alii Drive, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAHELO" being 1,953.10 feet South and 1,089.37 feet East and
running by azimuths measured clockwise from True South:
Thence, following along the Easterly side of Alii Drive on a curve to the right
with a radius of 5,704.70 feet, the chord
azimuth and distance being:
1. 152° 43' 06" 327.47 feet to a spike (set);
Thence, for the next five (5) courses following along the remainder of Royal
Patent 7819, Land Commission Awazd 8559-B, Apana 8 to William C. Lunalilo;
2. 244° 21' S0" 735.63 feet along Lot B-1 to a spike (found);
Thence, following along Parcel B-1 on a curve to the left with a radius of 5,050.00
feet, the chord azimuth and distance being:
3. 332° 26' 22" 250.78 feet to a spike (found);
4. 61 ° O1' 50.00 feet along Parcel B-I to a spike (found);
5. 330° 34' 30" 29.67 feet along Parcel B-1 to a spike (found);
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6. 60° 41' 688.11 feet along Lot 4-A to the point of beginning
and containing an area of 5.106 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a pazt hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions aze:
(1) Necessary to prevent circumstances which maybe 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, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
B. Final subdivision approval shall be secured within five (5) years from the
effective date of this ordinance.
C. Only one access from Alii Drive shall be allowed for the proposed subdivision
meeting with the approval of the Deparhnent of Public Works. The subdivision
roadway from Alii Drive shall provide a minimum of 45 feet of storage and
turnazound on the Alii Drive side of any gated vehicle access. The roadway
connection with Alii Drive shall conform to Chapter 22, Streets and Sidewalks, of
the Hawaii County Code.
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D. A 5-foot wide no vehicular access planting screen easement shall be delineated
along all lots fronting Alii Drive. Vehicular access to the individual lots shall not
be permitted from Alii Drive.
E. A 10-foot future road widening strip along the length of Alii Drive shall be
dedicated to the County prior to receipt of final subdivision approval.
F. A paved shoulder extending to the property line along the Alii Drive frontage of
the property shall be provided meeting with the approval of the Department of
Public Works. The paved shoulder improvements may include pavement
transitions, signs, markings, drainage improvements, and relocation of utilities.
Utility meter and pressure reducing valve vaults shall also be located outside of
the right-of--way in accordance with the requirements of the Department of Public
Works.
G. The existing two-way left turn lane on Alii Drive fronting the adjacent property to
the north shall be extended to serve the roadway entry of the subject property in
accordance with the requirements of the Department of Public Works. The
necessary improvements for the extension of the two-way left turn lane, which
shall consist of, but not limited to, pavement widening, drainage improvements,
streetlights, signs and markings, and relocation of utilities shall be provided in
accordance with the requirements of the Department of Public Works. These
improvements shall be constructed and dedicated at no cost to the County.
H. Any additional right-of--way necessary for the Kahului to Keauhou Parkway (aka
Alii Highway) shall be as determined by the Department of Public Works within
four months of the effective date of this ordinance or action on any Planned Unit
Development (PUD) permit for the subject project, whichever is sooner, and shall
be dedicated at no cost to the County in conjunction with the subdivision of the
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subject property. A vehicular egress from the project onto the Parkway shall be
allowed, unless deemed inappropriate by the Department of Public Works. Said
egress shall also be made available to the general public in times of emergency.
I. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
J. A drainage study shall be prepared for review and the recommended drainage
system shall be constructed meeting with the approval of the Department of
Public Works. The drainage improvements shall be constructed prior to receipt of
final subdivision approval.
K. The proposed subdivision shall connect to the County sewer system.
L. Comply with Chapter I 1-55, Water Pollution Control, Hawaii Administrative
Rules, Department of Health, which requires an NPDES permit for certain
construction activity.
M. During construction, measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the State of Hawaii.
N. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
O. The U.S. Department of Army Corps of Engineers shall be contacted to identify
whether a Federal Permit (including a Department of Army permit) is required for
this project. The Planning Director shall be notified in writing as to whether such
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permit is required for the development of the project.
P. An archaeological inventory survey shall be submitted to the State of Hawaii
Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD) for acceptance. The applicant shall obtain approval of a
Preservation and Mitigation Plan, which shall include a Burial Treatment Plan,
from the DLNR-HPD. The applicant shall include all of the DLNR-HPD
mitigation measures and conditions specified in the Preservation and Mitigation
Plan, including the Burial Treatment Plan, into the plans for the project, which
shall be conditions of subdivision approval.
Q. The archaeological features on the mauka end of the project site shall be preserved
and made a part of the project's approximately one-half-acre landscaping/open
space buffer from the Kahului to Keauhou Pazkway (Alii Highway). The burial
site (16116) consisting of two burial platforms shall be preserved "as is." A
landscaped buffer shall be placed surrounding the burial site, and the burial site
shall incorporated into the project's landscaping/open space feature. Access to the
burial site by descendants shall be allowed, consistent with the requirements of
the Preservation and Mitigation Plan and Burial Treatment Plan approved by the
State of Hawaii Depaztment of Land and Natural Resources-Historic Preservation
Division (DLNR-HPD).
R. Should any undiscovered 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 mitigation measures have been taken.
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S. The applicant, its successors or assigns, shall be responsible for ensuring that the
proposed passive park site is preserved, maintained, and cared for in perpetuity.
T. The applicant shall purchase and install an Emergency Outdoor Warning Siren,
acceptable to the Hawaii County Civil Defense Agency, provided that the cost of
these improvements shall be credited against the applicant's fair share
requirement for fire, police, and if needed, road and traffic improvements outlined
in Condition V. An Emergency Response Plan shall be submitted to the Hawaii
County Civil Defense Agency for review and approval prior to receipt of final
subdivision approval.
U. The applicant shall comply with the County of Hawaii's Affordable Housing
Policy pursuant to Chapter 11, Article 1, Hawaii County Code.
V. The applicant shall pay its fair shaze contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. The fair shaze contribution shall be initially based on the
representations contained within the change of zone application and maybe
increased or reduced proportionally if the lot counts are adjusted. The fair shaze
contribution shall become due and payable prior to final subdivision approval of
any portion of the subject property or within five (5) years from the effective date
of this change of zone ordinance, whichever occurs first. The fair shaze
contribution for each 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 maybe adjusted
annually beginning three yeazs after the effective date of this ordinance, based on
the percentage change in the Honolulu Consumer Price Index (HOPI). The fair
share contribution shall have a maximum combined value of $9,472.12 per single
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family residential unit. Fair share contributions shall be allocated as follows:
1. $4,567.62 per single family residential unit for an indicated total of
$264,921.96 to the County to support park and recreational improvements
and facilities;
2. $220.34 per single family residential unit for an indicated total of
$12,779.72 to the County to support police facilities;
3. $435.21 per single family residential unit for an indicated total of
$25,242.18 to the County to support fire facilities;
4. $190.54 per single family residential unit for an indicated total of
$11,051.32 to the County to support solid waste facilities;
5. $4,058.41 per single family residential unit for an indicated total of
$235,376.18 to the State or County to support road and traffic
improvements;
In lieu of paying the fair share contribution, the applicant may construct such
facilities related to park, fire, police and solid waste disposal facilities subject to
the review and recommendation of the Planning Director, upon consultation with
the appropriate agencies and approval of the Hawaii County Council.
W. 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 Fee
Ordinance.
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X. Comply with all applicable laws, rules, regulations and requirements of other
affected agencies, including the Department of Water Supply.
Y. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of this change of zone ordinance. The report shall include, but
not be limited to, the status of the development and compliance with the
conditions of approval. This condition shall remain in effect until al] of the
conditions of approval have been satisfied and the Planning Director
acknowledges that further reports aze not required.
Z. An initial extension of time for the performance of conditions within this
ordinance maybe 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 aze beyond the control of the applicant, successors or assigns,
and that aze 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 maybe extended for up to one additional year).
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AA. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the property 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:
COUNC MEM , C UN OF HAW
xilo ,Hawaii
Date of Introduction: May 5, 2004
Date of 1st Reading: May 5, 2 0 0 4
Date of 2nd Reading: May 19, 2004
Effective Date: May 27, 2004
RJ:FERENCE: Comm.._ 4~.,5~21~-___._
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'PARCEL B" "PARCEL A"
AGRICULTURAL (A•Sa) TO AGRICULTURAL (A•Sa) TO
SINGLE•FAMILY RESIDENTAL S•7.5 SINGLE•FAMILY RESIDENTIAL 7.5
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AMENDMENT TO THE ZONINGCODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUN1fY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO SINGLE-FAMILY RESIDENTIAL (RS-7.5)
AT PUAPUAA 2nd, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-020071 8072 Date: Novembe~25, 20D3
EXHIBIT "A" (Lenw Lani, LLC 11771
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
Introduced By: Leningrad Elarionoff ~ ~ ROLL CALL VOTE
Datehitroduced: May 5, 2009 AYES FLOES ABS EX
First Reading: May 5, 2004 ArakakFi~'~~~- ~ ~ X '
Published: Ma_y 16, 2004 Chung X
Elarionoff X
REMARKS.' Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler X
7 2 0 0
Second Reading: May 19, 2004 Draft 4
To Mayor: May 21, 2004 ROLL CALL VOTE
Returned: May 28, 2004 AYES NOES ABS EX
Effective: May 27, 2004 Arakaki X
Published: June 6, 2004 Chung X
Elarionoff X
REMARKS: Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler X
8 1 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published us
indicated above.
APPROVED AS TO
FORM AND LjFGALI
1 OUNCIL CHAIRMAN
r 4'Ef ~ ~[Zr%
EP~Y CORPORATION COUNSEL
COUNTY OF HAWAII ~ _
NTY CLERK
Date ~ ~
209 (Draft 4 )
Bill No.: _
C-455.24/PC-88
Approve Disapproved [his a7 day Reference:
Ord. No.: O4 56
of M , zo o~+ -
YOR, CO INTY OF Hd WAll
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