HomeMy WebLinkAboutBIL 204 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL – 5 ACRES (A-5a) TO FAMILY AGRICULTURAL – 1 ACRE (FA-1a) AT KAILUA-KONA, NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7-5-017:043.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i 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 Kailua-Kona, North Kona, Hawai‘i, shall be Family Agricultural – 1 Acre (FA-1a):
Beginning at the Southwesterly corner of this parcel of land, being also the Southeasterly corner of Lot D, the Northwesterly corner of Lot 2 and the Northeasterly corner of Lot 116
of Pualani Estates Subdivision, Phase 2 (File Plan 2416), the coordinates of said point of beginning referred to Government Survey Triangulation Station “KAHELO” being 1,894.92 feet
North and 6,654.29 feet East, and running by azimuths measured clockwise from True South:
1. 158º 16' 12'' 715.98 feet along Lot D and along the remainder of Royal Patent 1669, Land Commission Award 8519-B, Apana 3 to Kamaikui to a point;
2. 250º 07' 30'' 24.88 feet along the Southerly side of Hualalai Road to a point;
3. 258º 39' 30'' 35.12 feet along the Southerly side of Hualalai Road to a point;
4. 252º 53' 25'' 141.12 feet along Lot 1-A and along Grant 983 to Kipola to a point;
5. 256º 21' 32'' 281.08 feet along middle of stonewall, along Lot 1-A and along Grant 983 to Kipola to a point;
6. 347º 08' 126.74 feet along Lot 1-B and along the remainder of Royal Patent 1669, Land Commission Award 8519-B, Apana 3 to Kamaikui to a point;
257º 08' 184.67 feet along Lot 1-B and along the
remainder of Royal Patent 1669, Land Commission Award 8519-B, Apana 3 to Kamaikui to a point;
Thence, for the next fourteen (14) courses following along the Southerly side of Hualalai Road:
306º 24' 30'' 14.19 feet to a point;
300º 46' 30'' 34.99 feet to a point;
297º 35' 30'' 64.03 feet to a point;
11. 300º 44' 30'' 34.78 feet to a point;
12. 307º 05' 30'' 41.37 feet to a point;
13. 302º 23' 30'' 38.59 feet to a point;
14. 303º 03' 22.82 feet to a point;
15. 290º 19' 20.64 feet to a point;
16. 279º 35' 30'' 23.87 feet to a point;
273º 18' 30'' 25.35 feet to a point;
264º 35' 30'' 92.14 feet to a point;
268º 18' 54.95 feet to a point;
274º 07' 37.18 feet to a point;
21. 278º 01' 30'' 51.30 feet to a point;
Thence, for the next fourteen (14) courses following along the Westerly side of Hualalai Road:
22. 295º 14' 30'' 22.05 feet to a point;
23. 308º 19' 30'' 20.69 feet to a point;
24. 325º 39' 30'' 20.68 feet to a point;
25. 334º 17' 30'' 21.48 feet to a point;
26. 336º 02' 30'' 33.82 feet to a point;
340º 24' 30'' 67.33 feet to a point;
334º 52' 6.52 feet to a point;
341º 39' 30'' 26.14 feet to a point;
347º 00' 30'' 72.51 feet to a point;
31. 350º 18' 30'' 18.90 feet to a point;
32. 345º 48' 30'' 19.77 feet to a point;
33. 329º 30' 30'' 15.17 feet to a point;
34. 307º 10' 30'' 42.94 feet to a point;
35. 316º 36' 30'' 11.53 feet to a point;
Thence, for the next nineteen (19) courses following along the middle of stonewall, along Lot 2 and along Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams:
36. 72º 44' 30'' 66.50 feet to a point;
74º 32' 20'' 77.76 feet to a point;
87º 49' 10'' 36.53 feet to a point;
70º 17' 20'' 80.56 feet to a point;
80º 42' 40'' 38.66 feet to a point;
41. 77º 56' 10'' 30.09 feet to a point;
42. 85º 08' 40'' 56.81 feet to a point;
43. 95º 30' 20'' 32.20 feet to a point;
44. 83º 15' 10'' 37.88 feet to a point;
45. 93º 22' 50'' 40.53 feet to a point;
46. 78º 31' 30'' 30.97 feet to a point;
67º 43' 30'' 25.01 feet to a point;
83º 04' 15'' 75.51 feet to a point;
76º 43' 50'' 56.82 feet to a point;
79º 32' 10'' 85.53 feet to a point;
70º 31' 50'' 49.92 feet to a point;
81º 42' 30'' 63.08 feet to a point;
77º 02' 50'' 54.92 feet to a point;
76º 18' 30'' 192.73 feet to the point of beginning and containing an area of 14.968 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 (2016 Edition, as amended), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or
Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to:
Protection of the public from the potentially deleterious effects of the proposed use, or
Fulfillment of the need for public service demands created by the proposed use.
The applicant, its successors or assigns (“Applicant”) shall comply with all of the stated conditions of approval.
The Applicant is responsible for maintaining valid water commitments to support the proposed subdivision until such time that required water facilities charges are paid in full.
Prior to issuance of Final Subdivision Approval, the Applicant shall construct necessary water improvements meeting with the approval of the Department of Water Supply.
Final Subdivision Approval for the proposed subdivision shall be secured within five (5) years from the effective date of this ordinance.
All driveway connections and construction within Hualālai Road shall conform to Chapter 22, County Streets, of the Hawai‘i County Code. Access to Hualālai Road, including the provision
of adequate sight distances, shall meet with the approval of the Department of Public Works - Engineering Division.
The Applicant shall be responsible for the design, purchase, and installation of streetlights and traffic control devices as may be required by the Department of Public Works - Traffic
Division.
Hualālai Road, fronting the subject property, is identified as a collector road by the Hawai‘i County General Plan and therefore recommended to be improved to a 66-foot-wide right-of-way.
The Applicant shall construct or participate in the construction of a single access to the subject property along the shared boundary between the subject property and TMK: (3)7-5-017:042
such that connection to Hualālai Road is possible by parcel 42 and designs for access are prepared in consultation with owners of parcel 42. Should only one access point be developed
to Hualālai Road, a future road widening strip equaling half the distance between the difference of the current and proposed 66-foot-wide right-of-way width along the property’s Hualālai
Road frontage shall be subdivided at the time of Final Subdivision Approval and dedicated to the County upon request of the Department of Public Works at no cost to the County.
Should a secondary road access from Hualālai Road to the subject parcel be developed, the Applicant shall provide improvements to the entire subject property frontage of Hualālai Road
consisting of, but not limited to, pavement widening, paved shoulder and swale improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities
Act and the approval of the Department of Public Works. The improvements shall be located within the future road widening setback required in Condition G and shall be dedicated to the
County.
Per Hawai‘i County Code, Section 23-45, any internal streets in the proposed subdivision shall intersect at a right angle and the corner radius shall be a minimum of 20 feet. To provide
interconnectivity of local streets in the surrounding area, the applicant shall provide roadway connections to adjacent
properties to the west and south of the subject property. All roadway connections shall be a minimum 50 feet wide right-of-way, be constructed to a dedicable standard and be dedicated
to the County upon request by the Department of Public Works, at no cost to the County. A sight distance easement may be required for proposed lots, to be determined during Final Subdivision
Approval.
Vehicular access to individual lots shall be prohibited from Hualālai Road.
All development-generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system
shall be constructed meeting the approval of the Department of Public Works.
All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County Code.
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 Hawai‘i.
The Applicant shall comply with the State Department of Health’s Hawai‘i Administrative Rules Chapter 11-55, regarding Water Pollution Control, which requires a National Pollutant Discharge
Elimination System permit for certain construction activities.
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 Hawai‘i 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 Hawai‘i 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.
The method of sewage disposal shall meet with the requirements of the State Department of Health (DOH). DOH will allow the use of an individual wastewater system (IWS), in accordance
with HAR, Chapter 11-62, Wastewater Systems, for the proposed eleven (11) subdivided lots provided that each lot is at least one acre of size or greater and only one dwelling unit,
with no accessory dwelling unit, is constructed on each lot. The proposed subdivided lots and use of an IWS shall be subject to all applicable provisions of HAR, Chapter 11-62. In addition,
the development project shall connect to the County sewer system should it become accessible prior to Final Subdivision Approval or should the lots be developed with more than one dwelling
unit on an individual lot.
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 Applicant shall cease work in the immediate vicinity of the find,
protect the find from additional disturbance and contact the Department of Land and Natural Resources - State Historic Preservation Division (SHPD) at (808) 933-7651. Subsequent work
shall proceed upon an archaeological clearance from SHPD when it finds that sufficient mitigation measures have been taken.
Should any state or federally listed or endangered species be found on the subject property, the Applicant shall comply with all applicable requirements of the Department of Land and
Natural Resources - Division of Forestry and Wildlife and/or the US Fish and Wildlife Service.
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 unit counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each unit
shall be based on the number of units developed. 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. The fair share contribution shall have a maximum combined value of $15,636.59 per single family residential unit. The fair share
contribution per single family residential unit shall be allocated as follows:
$7,540.24 per residential lot to the County to support park and recreational improvements and facilities;
$363.74 per residential lot to the County to support police facilities;
$718.44 per residential lot to the County to support fire facilities;
$314.54 per residential lot to the County to support solid waste facilities; and
$6,699.63 per residential lot 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.
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, Hawai‘i 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.
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.
The Applicant 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.
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, and that are not the result of their fault or negligence.
Granting of the time extension would not be contrary to the General Plan or Zoning Code.
Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone.
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).
If the Applicant should require an additional extension of time, the Planning Director shall submit the applicants’ request to the County Council for appropriate action.
X. 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI‘I
, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: