HomeMy WebLinkAboutORD 2010-077 2008-2010 • .e; +tY OFh���
COUNTY OF HAWAII STATE OF HAWAII
� , 7 BILL NO. 265
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL — FIVE ACRES (A -5a) TO FAMILY AGRICULTURAL — TWO ACRES
(FA -2a) AT HONOKOHAU 2 NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7 -4- 006:022.
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 Hawai`i County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Honokohau 2 North
Kona, Hawai`i, shall be Family Agricultural — Two Acres (FA -2a):
Beginning at the Northeasterly comer of this parcel of land, being also the
Southeasterly corner of Lot 1 and being a point on the Westerly side of Mamalahoa
Highway, the coordinates of said point of beginning referred to Hawai`i State Plan
Coordinate System Zone 1 (NAD 27) being 309,376.52 feet North and 336,834.13 feet
East and running by azimuths measured clockwise from True South:
1. 342° 53' 50.00 feet along the Westerly side of Mamalahoa
Highway to a point;
Thence, for the next nine (9) courses following along Royal Patent 5231, Land
Commission Award 7396 to Kekipi:
2. 62° 02' 12.82 feet to a point;
3. 42° 35' 16.30 feet to a point;
4. 338° 22' 11.60 feet to a point;
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5. 295° 10' 22.60 feet to a point;
6. 340° 53' 50.40 feet to a point;
7. 35° 40' 29.70 feet to a point;
8. 56° 24' 113.00 feet to a point;
9. 343° 55' 29.50 feet to a point;
10. 352° 23' 119.10 feet to a point;
Thence, for the next three (3) courses following along the remainder of Royal
Patent 6855, Land Commission Award 9971, Apana 9 to W. P. Leleiohoku;
11. 72° 36' 47" 719.21 feet along Lots 3 -B, 3 -C, 3 -D and 3 -E to a
point;
12. 165° 38' 36" 259.52 feet along Lot 2 to a point;
13. 247° 40' 36" 869.76 feet along Lots 5 and 1 to the point of
beginning and containing an area of 5.341
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, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) 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.
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A. The applicant(s), successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The required water commitment payment 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 construct necessary water system improvements
(including but not limited to installation of a service lateral to accommodate a 5/8-
inch meter for the proposed additional lot) and remit the prevailing facilities
charge, as determined by the Department of Water Supply and convey these
improvements to the County Water Board prior to Final Subdivision Approval.
D. The applicant shall either a) subdivide the subject property into two lots with
access to the makai lot from Mamalahoa Highway through the mauka lot, or b)
consolidate the subject property with either TMK 7 -4 -06:42 or 43 and re-
subdivide into two or three lots meeting minimum lot size requirements of the
Zoning Code and Subdivision Code requirements. Final Subdivision Approval
shall be secured from the Planning Director within five (5) years from the
effective date of this change of zone ordinance.
E. Restrictive covenants in the deeds of all proposed lots within the property 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 owner of the property may also, in addition, impose private
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covenants restricting the number of dwellings. A copy of the proposed
covenant(s) to be recorded with the State 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.
F. To provide for future road widening improvements, a ten (10) -foot wide road
widening setback along the subject property's Mamalahoa Highway frontage shall
be delineated on subdivision plans. The future road widening setback shall be
dedicated to the County of Hawai`i upon its request, at no cost to the County.
G. Any new driveway connections to Mamalahoa Highway shall conform to
Chapter 22, County Streets, of the Hawai`i County Code.
H. All development - generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works prior to submittal of
plans for subdivision review. Any required drainage improvements shall be
constructed, meeting the approval of the Department of Public Works, prior to
Final Subdivision Approval.
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawai`i County Code.
J. The applicant shall comply with Chapter 11 -55, Water Pollution Control, Hawaii
Administrative Rules, Department of Health, which requires an NPDES permit
for certain construction activities.
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K. The method of sewage disposal shall meet with the requirements of the
Department of Health.
L. 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 mitigative measures have been taken.
M. The applicant, successors or assigns shall make their fair share contribution to
mitigate the potential regional impacts of the proposed subdivision with respect to
parks and recreation, fire, police, solid waste disposal facilities and roads for the
one additional lot to be created. The fair share contribution shall become due and
payable prior to receipt of Final Subdivision Approval. The fair share
contribution for the lot shall be based on the actual number of residential units
developed. 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 have a combined value of
$12,059.55 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. $5,815.33 per single family residential unit to the County to support park
and recreational improvements and facilities;
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2. $280.53 per single family residential unit to the County to support police
facilities;
3. $554.09 per single family residential unit to the County to support fire
facilities;
4. $242.59 per single family residential unit to the County to support solid
waste facilities; and
5. $5,167.02 per single family residential unit to the County to support road
and traffic improvements.
In lieu of paying the fair share contribution, the applicant 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.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
O. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
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P. 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 County
Council for appropriate action.
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.
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:
. -a
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: August 3, 2010
Date of 1st Reading: August 3, 2010
Date of 2nd Reading: August 18, 2010
Effective Date: September 2, 2010
REFERENCEt Corrrn. 859
-8-
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AGRICULTURAL - FIVE ACRES (A -5a) TO
FAMILY AGRICULTURAL - TWO ACRES (FA -2a)
5.341 ACRES TOTAL
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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 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FIVE ACRES (A -5a)
TO FAMILY AGRICULTURAL - TWO ACRES (FA -2a)
AT HONOKOHAU 2nd, NORTH KONA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: (3)7 -4- 006:022 DATE: Feb. 9, 2010
EXHIBIT "A" Hiram Rivera
Map 1290
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawai`i
Introduced By: Donald Ikeda , r 1 -3 I3.OII, I At L VCSTE
Date Introduced: August 3, 2010 ; `t•s_I AYES NOES ABS EX
First Reading: Augus t 3 , 2010 Enriques X
Published: August 13, 2010 Ford X
Greenwell X
REMARKS: Hoffmann X
Ikeda X
Naeole- Beason X
Onishi X
Yagong X
Yoshimoto X
Second Reading: August 18 , 2010 8 1 0 0
To Mayor: August 30, 2010
Returned: September 2, 2010 ROLL CALL VOTE
Effective: September 2, 2010
AYES NOES ABS EX
Published: September 14, 2010 Enriques X
Ford X
REMARKS:
Greenwell X
Hoffmann X
Ikeda X
Naeole- Beason X
Onishi X
Yagong X
Yoshimoto X
8 1 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FOR ND LEGAL TY: G.---' ��
s COUNCIL AIRMAN
DEPU CORPORATION CO EL
C c t
COON Y OF HAWAII q
Date
S E P- 1 2010 COUNTY CLERK
Bill No.: 265
C- 859/PC -87
Approved/Dt approved this - I ` • day Reference:
of 1,,Jit L , 20 I Ord No.: 1 0 -f 7
MAYOR, COUNTY OF HAWAII