The URL can be used to link to this page

Home My WebLink AboutBIL 053 Draft 01 2020-2022 Hawai`i County Council-21 August 18,2021 Bill 53: AMENDS SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-la) AND AGRICULTURAL—FIVE ACRES (A-5A) TO SINGLE FAMILY RESIDENTIAL—22,000 SQUARE FEET (RS-22) AT KALAOA 5TH, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-3-005:015 (Applicants: Timothy Joseph Ward and Kay Lynn Ward) (Area: approx. 3.992 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Maps and change of zone, which would allow the Applicant to apply for subdivision of the property into six buildable lots with a minimum of 22,000 square feet for each lot. The property is located at 73-4350 Hawai`i Belt Road, south of its intersection with Kaiminani Drive. Reference: Comm. 314 Intr. by: Ms. Kierkiewicz(B/R) Negative: PC-26 (Due to a vote of 2-ayes, 6-noes, 1-absent) POSTPONED TO THE CALL OF THE CHAIR: Ayes: Council Members Chung, Kierkiewicz, Kimball, Lee Loy, and Richards—5. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Villegas, and Chair David—4. Absent: None. Excused: None. Page 7 COUNTY OF HAWAI'l STATE OF HAWAPI BILL NO. 53 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAPI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-la) AND AGRICULTURAL— FIVE ACRE (A-5a) TO SINGLE FAMILY RESIDENTIAL —22,000 SQUARE FEET (RS-22) AT KALAOA 5TH, NORTH KONA, HAWAI'l, COVERED BY TAX MAP KEY.- 7-3-005:015. 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 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 5th, North Kona District, Hawaii, shall be Single-Family Residential—22,000 square feet (RS-22): SITE #1 Beginning at the Southwesterly comer of this parcel of land, being also the Northwesterly comer of Lot 33 of Kona Acres Subdivision, Unit 1, Increment "B" (File Plan 1550) and being a point on the Easterly end of lhumoe Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA"being 8,001.83 feet South and 9,345.61 feet West and running by azimuths measured clockwise from True South: Thence, from a tangent azimuth of 180' 03' 20" following along the Easterly end of lhumoe Street on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being; 1. 161° 21' 28" 28.85 feet to a point; -1- Thence, from a tangent azimuth of 322° 39' 36" following along hot 31-A of Kona Acres Subdivision, Unit 1, Increment "B" on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 2. 299° 59' 24" 15.42 feet to a point, 3. 277° 1.9' 12°" 8.01 feet along Lot 31-A to a point; 4. 347° 50' 21.21 feet along the remainder of Lot 31-B to a point; 5. 97° 19' 12" 16.68 feet along hot 33 of Kona Acres Subdivision, Unit 1, Increment "B" (File Plan 1550) to the point of beginning and containing an area of 332 square feet. SITE #2 Beginning at the Southeasterly corner of this parcel of land, being also a point on the Westerly side of Hawaii Belt Road (F.A.P. No. F-10(5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 8,117.21 feet South and 8,447.20 feet West and running by azimuths measured clockwise from True South: 1. 96° 50' 3.42 feet along the Westerly side of Hawaii Belt Road (F.A.P. No. F- 10(5)) to a point; 2. 97° 19' 12" 885.68 feet along Lots 35, 34 and 33 of Kona Acres Subdivision, Unit 1, Increment "B" (File Plan 1550) to a point; 3. 167° 50' 103.24 feet along the remainder of Lot 31-B and along Lot 31-A and the remainder of Grant 2972 to Kaapau and Kama; -2- 4. 173° 15' 30" 100.01 feet along Lot 31-A and along the remainder of Grant 2972 to Kaapau and Kama to a point; 5. 276° 50' 835.71 feet along Lots 14, 13, 12 and I 1 of Kona Palisade Subdivision, Unit 1 (File Plan 1061), Lot A, Lots 8, 7, 6, 5, 4, 3, and 2 of Kona Palisade, Unit 1 (File Plan 1061) and along the remainder of Grant 2972 to Kaapau and Kama to a point; 6. 348° 57' 30" 99.98 feet along the remainder of Grant 2972 to Kaapau and Kama to a point; 7. 276° 50' 79.64 feet along the remainder of Grant 2792 to Kaapau and Kama to a point; 8. 6° 46' 1.07.20 feet along the Westerly side of Hawaii Belt Road (F.A.P. No. F- 10(5)) to the point of beginning and containing an area of 3.985 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 1983 (2016 Edition, as amended), 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 fulfill needs directly emanating from the land use proposed with respect to: _3- A. The applicants, its successors or assigns shall comply with all of the stated conditions of approval. B. A water commitment deposit shall be paid to the Department of Water Supply within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicants are responsible for maintaining valid water commitments to support the proposed subdivision until such time that required water facilities charges are paid in full. C. Prior to issuance of Final Subdivision Approval, the applicants shall construct necessary water improveirients, which shall include but not be limited to 1) service laterals that will accommodate 5/8-inch sized meters to each lot; 2) fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property; and 3) subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicants shall be responsible for the relocation and adjustment of the Department of Water Supply's affected water system facilities, should they be necessary. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. Access to lhumoe Street and all construction within the County Right-Of-Way (ROW) shall require a ROW permit and conform to Chapter 22, County Streets of the Hawaii County Code. -4- F. The applicants shall be responsible for the design, purchase, and installation of streetlights and traffic controls as may be required by the Department of Public Works-Traffic Division. G. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. H. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. 1. The applicants shall comply with the Department of Health's Hawaii Administrative Rules (HAR) Chapter 11-55, rules regarding Water Pollution Control, which requires an NPDES permit for certain construction activities. J. Restrictive covenants in the deeds of all resulting lots 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 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 from the Bureau of Conveyances. K. The method of sewage disposal shall meet with the requirements of the State Department of Health. L. Prior to the issuance of any land alteration permits and no later than the issuance of Final Subdivision Approval, the applicants shall complete the following -5- protection measures required by the Archaeological Preservation. Plan for Sites 50-10-28-29789 and 29794 accepted by the DLNR-State Historic Preservation Division on October 19, 2016 (Preservation Plan) or any amendments thereto: 1) A metes and bounds survey of the 0.12-acre preserve area containing the sites shall be conducted and recorded on a plat map at the Bureau of Conveyances with a copy sent to the Planning Department and State Historic Preservation Division. The recorded preserve area, permanent 10-foot buffer, and temporary 20-foot buffer shall all be depicted on the site plans of any subsequent subdivision maps, land alteration permits and building permits; 2)To ensure that the Sites are protected in perpetuity, the applicants shall record with the Bureau of Conveyances restrictive covenants related to the 0.12 acre preserve area. The restrictive covenants shall include all of the requirements and restrictions of the approved Preservation Plan or any amendments thereto, including, but not limited to the metes and bounds description of the permanent buffers and a map showing the preservation areas. A copy of the recorded document shall be sent to the Planning Department and State Historic Preservation Division; and 3) The applicants shall install fencing around an interim buffer of 20 feet from the edges of Sites 29789 and 29794 and fencing shall be maintained for the duration of subdivision and construction activity on the subject parcel. M. Prior to Final Subdivision Approval, the applicants shall install a five-foot high fence along the entire southern boundary of the property, and a speedbump, stop sign, and convex mirror at the bottom of the subdivision access road. N. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the applicants shall cease work in the immediate vicinity of the find, protect the find from additional -6- disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. C. The applicants shall make their fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval and shall be based on the actual number of additional residential lots created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County COUnC11. 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$15,057.57 per residential lot. The total amount shall be determined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per residential lot shall be allocated as follows: 1. $7,261.03 per residential lot to the County to support park and recreational improvements and facilities; 2. $350.27 per residential lot to the County to support police facilities; 3. $691.83 per residential lot to the County to support fire facilities; 4. $302.89 per residential lot to the County to support solid waste facilities; and -7- 5. $6,451.55 per residential lot to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants 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. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicants 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. Q. 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. R. The applicants, their successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for the proposed development, including the Department of Public Works, Department of Water Supply and Department of Health. S. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I The non-per-fon-nance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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 perfori-ned within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' 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. Severability, If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. -9- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: A, (,,- ? o I P-- COUNCIL, MEMBER, COUNTY OF HAAI`I Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: F,01KNC: Comm. 314 -10- A-5a cu A-20a R -10 LU R5-20 LU � P5-20 W P5-20 -5a A- A-20a P5-20 A-la A 5a A 5a A 5a A 5a A-la A-5aA-5a Site#1 AGRICULTURAL-ONE ACRE(A-1 a)TO KAIMINANI DRIVE A-la SINGLE FAMILY RESIDENTIAL-22,000 SQUARE A-5o FEET(RS-22) A-In, A-5a A-la A-20a A-5a 1HUMOE STREFT < 0 8,001,63'S _j uj 9,345,61'W co A-la F In A-la "MOANUIAHEA" < A-la 8,11 7,21'S 8,447,20'W "MOANUIAHEA" CN-20 A-3o Site#2 AGRICULTURAL-FIVE ACRE(A-5a)TO SINGLE FAMILY RESIDENTIAL-22,000 SQUARE FEET(RS-22) A-3a Y0 A-la A-3a C; Feet 0 200 400 600 800 1,000 mjj OIL N a Mi C AMEl"J "WENO"T T 0 T ON' E Z 0 N I IN .0,qw'k 0 0' wE)6E AMENDING SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A-1a)AND AGRICULTURAL - FIVE ACRE (A-5a) TO SINGLE FAMILY RESIDENTIAL- 22,000 SQUARE FEET (RS-22) AT KALAOA 5TH, NORTH KONA, HAWAII MAP PREPARED BY: TMK:(3)7-3-005:015 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:March 1,2021 EXHIBIT "A" Timothy J.Ward and Kay L.Ward Map: 1418