HomeMy WebLinkAboutBIL 144 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Planning Committee—February 18, 2014
Action: Withdrawn by introducer (Kern), at the request of the applicant.
Re: Bill 144: Comm. 485 (2012-2014 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 144
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 SINGLE-FAMILY RESIDENTIAL — 15,000
SQUARE FEET (RS -15) AT KAHULUI 2ND, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY: 7-5-017:043.
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 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 Kahului 2°d, North
Kona, Hawaii, shall be Single -Family Residential — 15,000 square feet (RS -15):
Beginning at the Southwesterly corner of this parcel of land, being also the
Southeasterly corner of Lot D, the Northeasterly corner of Lot 131 of Pualani Estates
subdivision and a point on the Northwesterly side of Royal Patent 6716 Land
Commission Award 4887, Apana 2 to Thomas Sams the coordinates of said point of
beginning referred to Government Survey Triangulation Station "KAHELO" being
1,894.92 feet North, 6,654.29 feet East and running by azimuths measured clockwise
from True South:
Thence, along Lot D, and the remainder of Royal Patent 1669, Land Commission Award
8516-B, Apana 3 to Kamaikui:
158° 16' 12" 715.98 feet to a point;
Thence, for the next two (2) courses following along the Southerly side of Hualalai Road:
2. 250° 07' 30" 24.88 feet to a point;
-1-
3. 258° 39' 30" 35.12 feet to a point;
Thence along Lot 1:
4. 252° 53' 25" 141.12 feet to a point;
Thence along Lot 1; along the middle of a stonewall and along Grant 983 to Kipola:
5. 256° 21' 32" 281.08 feet to a point;
Thence, for the next two (2) courses along Lot 1 and the remainder of Royal Patent 1669
Land Commission Award 8516-B Apana 3 to Kamaikui:
6.
347'
08'
00"
126.74
feet to a point;
7.
257°
08'
00"
184.67
feet to a point;
Thence,
for the next
twenty eight
(28) courses following along the Southerly side of
Hualalai Road:
8.
306°
24'
30"
14.19
feet to a point;
9.
300°
46'
30"
34.99
feet to a point;
10.
297*
35'
30"
64.03
feet to a point;
11.
300°
44'
30"
34.78
feet to a point;
12.
307°
05'
30"
41.37
feet to a point;
13.
302°
23'
30"
38.59
feet to a point;
14.
303°
03'
00"
22.82
feet to a point;
15.
290°
19'
00"
20.64
feet to a point;
16.
279'
35'
30"
23.87
feet to a point;
17.
273°
18'
30"
25.35
feet to a point;
18.
264°
35'
30"
92.14
feet to a point;
-2-
19.
268°
18'
00"
54.95
feet to a point;
20.
274°
07'
00"
37.18
feet to a point;
21.
278°
01'
30"
51.30
feet to a point;
22.
295'
14'
30"
22.05
feet to a point;
23.
308°
19'
30"
20.69
feet to a point;
24.
325'
39'
30"
20.68
feet to a point;
25.
334°
17'
30"
21.48
feet to a point;
26.
336'
02'
30"
33.82
feet to a point;
27.
340°
24'
30"
67.33
feet to a point;
28.
334°
52'
00"
6.52
feet to a point;
29.
341'
39'
30"
26.14
feet to a point;
30.
347'
00'
30"
72.51
feet to a point;
31.
350'
18'
30"
18.90
feet to a point;
32.
345'
48'
30"
19.77
feet to a point;
33.
329°
30'
30"
15.17
feet to a point;
34.
307°
10'
30"
42.94
feet to a point;
35.
316°
36'
30"
11.53
feet to a point;
Thence for the next nineteen (19) courses along the middle of stonewall; along Royal
Patent
6716, Land Commission
Award 4887, Apana 2 to Thomas Sams:
36.
72°
44'
30"
66.50
feet to a point;
37.
74°
32'
20"
77.76
feet to a point;
38.
87°
49'
10"
36.53
feet to a point;
-3-
39.
70'
17'
20"
80.56
feet to a point;
40.
80°
42'
40"
38.66
feet to a point;
41.
77°
56'
10"
30.09
feet to a point;
42.
85'
08'
40"
56.81
feet to a point;
43.
95°
30'
20"
32.20
feet to a point;
44.
83°
15'
10"
37.88
feet to a point;
45.
93°
22'
50"
40.53
feet to a point;
46.
78°
31'
30"
30.97
feet to a point;
47.
67°
43'
30"
25.01
feet to a point;
48.
83*
04'
15"
75.51
feet to a point;
49.
76°
43'
50"
56.82
feet to a point;
50.
79'
32'
10"
85.53
feet to a point;
51.
70'
31'
50"
49.92
feet to a point;
52.
810
42'
30"
63.08
feet to a point;
53.
77°
02'
50"
54.92
feet to a point;
54.
76°
18'
30"
192.73
feet to a point of beginning and containing
an area of 14.968 Acres, more or less.
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 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
M1
(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.
A. The applicant, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
B. The applicant shall comply with the amended Waiaha Water System Water
Development Agreement executed with the Water Board, or shall otherwise
obtain the issuance of the necessary water commitment for the proposed project
from the Department of Water Supply, prior to the submittal of a subdivision
application to the Planning Department for the proposed project.
C. Final Subdivision Approval for the proposed development shall be secured from
the Planning Director within five (5) years from the effective date of this
ordinance. Final Subdivision Approval for the project shall be subject to the
completion or bonding for completion of the dedicable Minor Street connecting
Paulehia Street to Hualalai Road as required in Condition I of Ordinance
No. 10-02.
D. 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
covenants restricting the number of dwellings. A copy of the proposed
-5-
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.
E. Roadway connections to adjoining TMK: 7-5-17: 42 shall be provided as required
under Condition H of Ordinance No. 10-2.
F. Access to Hualalai Road, including the provision of adequate sight distances, shall
meet with the approval of the Department of Public Works. Vehicular access
from Hualalai Road to individual lots shall be prohibited.
G. The applicant shall construct a connector road within the project between the
proposed Pualena Street Extension and Hualalai Road which shall be constructed
to "Minor Street" dedicable standards and dedicated to the County at no cost.
Concrete curb, gutters and sidewalks shall be provided in areas of pedestrian
traffic in conformance with adjoining development and the Department of Public
Works' policy. No security gate shall be installed on any roadway of or entrance
to this project. The developer, the homeowner, and/or the homeowner's
association shall be responsible for any landscaping within the right-of-way,
meeting with the approval of the Department of Public Works, and shall provide
repair to any public facility damaged by landscaping.
H. The applicant shall realign the right-of-way boundary along the subject property
frontage of Hualalai Road to an alignment meeting with the approval of the
Department of Public Works and dedicate any additional right-of-way to the
County, between the existing subject property right-of-way boundary and the
subject property -side of the realigned 50 -foot wide right-of-way. An additional
5 -foot wide future road widening setback easement shall be provided along the
I on
property frontage and dedicated to the County upon request, at no cost to the
County. A sight distance easement shall be provided and maintained to address
the sight distance limitation at the intersection of Hualalai Road with Hienaloli-
Kahului Road.
I. The applicant shall provide improvements to Hualalai Road along the entire
frontage of Parcel 43 and transitions consisting of, but not limited to, grading,
pavement and roadside widening, resurfacing, drainage improvements, and any
relocation of utilities, meeting with the approval of the Department of Public
Works. The applicant shall pay its fair share of the cost of improvements to the
south half of Hualalai Road fronting Parcels 11 and 30 prior to Final Subdivision
Approval, provided, however, that this fair share cost shall not exceed $83,000.
J. Install street lights, signs and markings on Hualalai Road, meeting with the
approval of the Department of Public Works, Traffic Division.
K. All development -generated runoff shall be disposed of on-site and not be directed
toward any adjacent properties.
L. A drainage study shall be prepared by a licensed civil engineer and submitted for
approval by the Department of Public Works. The recommended drainage
improvements shall be constructed, meeting with the approval of the Department
of Public Works prior to Final Subdivision Approval.
M. The development shall connect to the County sewer system, meeting with the
approval of the Department of Environmental Management.
N. During construction, measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
-7-
with construction industry standards and practices utilized during construction
projects of the State of Hawaii
O. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
P. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative
Rules, Department of Health, which requires a NPDES permit for certain
construction activity.
Q. 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.
R. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
S. 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. The fair share contribution shall be
initially based on the representations contained within the change of zone
application and may be increased or reduced proportionally if the lot counts are
adjusted. The fair share contribution shall become due and payable prior to
F:11
receipt of Final Subdivision Approval. The fair share 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 may be adjusted annually beginning three
years after the effective date of the amendment to the ordinance, based on the
percentage change in the Honolulu Consumer Price Index (HCPI). The fair share
contribution shall have a maximum combined value of $13,081.99 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:
• $6,308.37 per single-family residential unit to the County to support park and
recreational improvements and facilities;
• $304.32 per single-family residential unit to the County to support police
facilities;
• $601.06 per single-family residential unit to the County to support fire facilities;
• $263.15 per single-family residential unit to the County to support solid waste
facilities;
• $5,605.09 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. The applicant may receive a credit against the fair share
91
contribution required for the road and traffic improvements in the amount of the
costs of land and construction of the improvements to Hualalai Road described in
Conditions H and I respectively herein.
T. 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.
U. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
V. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
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).
-10-
5. If the applicant(s) 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 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.
Hawai `i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 485
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
-11-
A -la \
AGRICLLTURAL - FIVE ACRES (A -5a)
TO SINGLE-FAMILY RESIDENTIAL -
15,000 SQ.FT(RS-15)
14.968 ACRES TOTAL
F15-10
A-1 a
A -la _
A -5a
894.92 N
Ee54.29'E A -5a
'KAHELU
A- a
A-1 a
A-1 a
A-1 a
A a
A - ,q
Ala
-la
A 1,9
IZA a
20
� Feet
0 250 500 1,000 1,500
AMENDMENTTO THE ZONING CODE
AMENDING SECTIONS 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 SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS -15)
AT KAHULUI 2nd, NORTH KONA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: (3)7-5-017:043 DATE: Feb 8, 2012
r1ID1 I A Hualalai Partners of Kona, L