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COUNTY OF HAWAIIt; ;eSTATE OF G
BILI. NO. 202
DRAFT 2
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL— 1 ACRE (A-la) TO SINGLE-FAMILY RESIDENTIAL— 10,000
SQUARE FEET (RS-10) AT KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY
TAX MAP KEY: 8-1-008:004.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-4, 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 Kealakekua, South
Kona, Hawaii, shall be Single-Family Residential District— 10,000 square feet(RS-10):
Beginning at the Northwesterly corner of this parcel of land, being also the
Northeasterly corner of Lot 2 of this subdivision and being a point on the Southerly
boundary of Parcel 188 TMK: 8-1-006 (3rd Division), the coordinates of said point of
beginning referred to Government Survey Triangulation Station"PU`U OHAU,"being
6,201.12 feet South and 11,871.10 feet East and running by azimuths measured clockwise
from True South:
Thence, for the next seven (7) courses following along the remainder of Royal
Patent 4386, Land Commission Award 8452, Apana 10 to A. Keohokalole:
I. 2490 56' 40" 247.74 feet along Parcels 188 and 062 of
TMK: (3) 8-1-006 and along Lot B
to a point;
2. 2510 00' 304.44 feet along Parcel 001 of TMK: (3) 8-
1-006 to a point;
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3. 2520 33' 320.95 feet along Parcel 001 of TMK: (3) 8-
1-006 to a point; 3
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4. 3190 30' 40" 153.97 feet along Lots 11, 10, and 9 of
Captain Cook Village subdivision to 3
a point;
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5. 480 39' 40" 744.95 feet along Parcel 003 of TMK: (3) 8-
1-008 to a point;
6. 3330 27' 48.28 feet along Parcel 003 of TMK: (3) 8-
1-008 to a point;
7. 170 09' 30" 91.36 feet along Parcel 003 of TMK: (3) 8-
1-008 to a point;
Thence, from a tangent azimuth of 117°03' 11" following along the Northeasterly
side of Mamalahoa Highway on a
curve to the right with a radius of
715.00 feet, the chord azimuth and
distance being:
8. 1310 40' 34" 361.02 feet to a point;
Thence, for the next six(6) courses following along Lot 2:
9. 1520 40' 59.82 feet to a point;
10. 1580 13' 35.96 feet to a point;
11. 1770 37' 12.02 feet to a point;
12. 1580 09' 30" 31.69 feet to a point;
13. 1390 09' 11.95 feet to a point;
14. 1590 04' 88.08 feet to the point of beginning and
containing an area of 6.875 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
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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:
(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 successors or assigns ("Applicant") shall comply with all of the
stated conditions of approval.
B. The Applicant shall maintain 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 Applicant shall construct
necessary water system improvements meeting with the approval of the
Department of Water Supply.
D. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
E. Prior to submittal of a subdivision application,the applicant shall have a traffic
assessment prepared by a State-licensed engineer and submitted to the State
Department of Transportation. The assessment shall include an evaluation of
ingress and egress design options which may include limiting access to right-in,
right-out movements and/or having a limited secondary access. The assessment
shall provide specific recommendations and improvements fronting the subject
site that best address sight distance and overall safe ingress and egress vehicular
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movements. The County shall not grant Final Subdivision Approval until the
design options and recommendations in the traffic assessment, as selected and
approved by the State Department of Transportation, are completed.
F. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties. A drainage study shall be prepared by a licensed
civil engineer and submitted to the Department of Public Works (DPW)prior to
the issuance of a construction permit. Any recommended drainage improvements,
if required, shall be constructed meeting with the approval of DPW prior to the
construction of any proposed structures on the property.
G. All earthwork activities including grading, grubbing, and stockpiling shall
conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County
Code.
H. The Applicant shall comply with the State Department of Health's Hawaii
Administrative Rules, Chapter 11-55, regarding Water Pollution Control, which
requires a National Pollutant Discharge Elimination System permit for certain
construction activities.
I. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. The Applicant shall comply with the requirements of the Archaeological
Monitoring Plan approved by the State Historic Preservation Division on June 24,
2021 or any approved amendments thereto.
K. 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
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cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the 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.
L. The Applicant shall make its 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 units (inclusive of time
share units) or lots created. 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 (3) 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:
1. $7,540.24 per residential lot to the County to support park and recreational
improvements and facilities;
2. $363.74 per residential lot to the County to support police facilities;
3. $718.44 per residential lot to the County to support fire facilities;
4. $314.54 per residential lot to the County to support solid waste facilities;
and
5. $6,699.63 per residential lot to the County to support road and traffic
improvements.
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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.
M. 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.
N. 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.
O. 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.
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, and that are not the
result of their fault or negligence.
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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 Director shall submit the Applicant's request to the County
Council for appropriate action.
Q. 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.
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SECTION 4. This ordinance shall tape effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY Ot HAWAII
Hawaii
Date of Introduction:
Date of l st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 945.5
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TO THE ZONING CODE
AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'l COUNTY CODE 1983 (2016 EDITION,AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- 1 ACRE (A-1 a)
TO SINGLE FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10)
AT KEALAKEKUA, SOUTH KONA, HAWAI'I
MAP PREPARED BY:
TMK:(3)8-1-008:004 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:March 24,2022
EXHIBIT"A" my ager- Map: 1441