HomeMy WebLinkAboutBIL 204 Draft 02 2020-2022 Hawaii County Council-52 November 2,2022
BILLS FOR ORDINANCES (FIRST READING)
ARTICLE 7, SECTION 19-53, II
Bill 156: AMENDS CHAPTER 19, C OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
REAL PROPERTY TAX VALUATION; CONSIDERATIONS IN FIXING
Establishes that the value of property classified as apartment, hotel and resort,
commercial, industrial, agricultural or native forests, or conservation cannot be
assessed by the County at more than 15 percent than the previous year's assessed
value for that property.
Reference: Comm. 739
Intr. by: Ms. Lee Loy
Negative: FC-220 (Due to a vote of 2-ayes, 7-noes)
FAILED:
Ayes: Council Members Lee Loy and Richards—2.
Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Villegas, and Chair David—6.
Absent: Council Member Chung— 1 ,.
Excused: None.
Bill 204: AMENDS 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—FIVE ACRES (A-5a) TO
FAMILY AGRICULTURAL—ONE ACRE (FA-1a) AT KAILUA-KONA,
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-017:043
(Applicant: Siting Chen) (Area: 14.968 Acres)
The Leeward Planning Commission forwards its favorable recommendation for
this change of zone request, which would allow the applicant to apply for a
subdivision of the parcel into 11 lots of at least one acre. The property is located
on the south side of Hualalai Road, approximately 0.6 miles east of its intersection
with Queen Ka`ahumanu Highway, Wai`aha 1st, Puapua'anui 1st in North Kona.
Reference: Comm. 952
Intr. by: Ms. Kierkiewicz (B/R)
Approve: I C-81
AMENDED TO DRAFT 2 AND FAILED:
Ayes: Council Members Kierkiewicz, Lee Loy, and Richards—3.
Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas,
and Chair David—5.
Absent: Council Member Chung— 1.
Excused: None.
Page 11
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
(Draft 2 FAILED)
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: November 2, 2022 AYES NOES ABS EX
First Reading: November 2, 2022 Chung X
Published: David X
Inaba X
REMARKS: Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: 3 5 1 0
To Mayor:
Returned: ROLL CALL VOTE
Effective: AYES NOES ABS EX
Published:
Chung
REMARKS: David
Inaba
Kaneali'i-Kleinfelder
Kierkiewicz
Kimball
Lee Loy
Richards
Villegas
0 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
Approved/Disapproved this day
of , 20 COUNTY CLERK
204
Bill No.:
MAYOR, COUNTY OF HAWAII C-952/PC-81
Reference:
Ord No.:
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J�yY UP N�� 3
COUNTY OF HAWAIII STATE OF HAWAFI
,Tff of Hra+
$IZ.Id NO. 204
DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH 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—5 ACRES (A-5a) TO FAMILY AGRICULTURAL— I ACRE (FA-la) AT
KAILUA-KONA,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-017:043.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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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 Kailua-Kona,North
Kona, Hawaii, shall be Family Agricultural— 1 Acre (FA-la):
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:
I. 1580 16' 12" 715.98 feet along Lot D and along the
remainder of Royal Patent 1669,
Land Commission Award 8519-13,
Apana 3 to Kamaikui to a point;
2. 2500 07' 30" 24.88 feet along the Southerly side of
Hualalai Road to a point;
3. 2580 39' 30" 35.12 feet along the Southerly side of
Hualalai Road to a point;
4. 2520 53' 25" 141.12 feet along Lot 1-A and along Grant
983 to Kipola to a point;
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5. 2560 21' 32" 281.08 feet along middle of stonewall, along
Lot 1-A and along Grant 983 to
Kipola to a point;
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6. 3470 08' 126.74 feet along Lot 1-B and along the
remainder of Royal Patent 1669,
Land Commission Award 8519-13,
Apana 3 to Kamaikui to a point;
7. 2570 08' 184.67 feet along Lot 1-B and along the
remainder of Royal Patent 1669,
Land Commission Award 8519-13,
Apana 3 to Kamaikui to a point;
Thence, for the next fourteen(14) courses following along the Southerly side of
klualalai Road:
8. 3060 24' 30" 14.19 feet to a point;
9. 3000 46' 30" 34.99 feet to a point;
10. 297" 35' 30" 64.03 feet to a point;
11. 3000 44' 30" 34.78 feet to a point;
12. 3070 05' 30" 41.37 feet to a point;
13. 3020 23' 30" 38.59 feet to a point;
14. 3030 03' 22.82 feet to a point;
15. 2900 19' 20.64 feet to a point;
16. 2790 35' 30" 23.87 feet to a point;
17. 2730 18' 30" 25.35 feet to a point;
18. 2640 35' 30" 92.14 feet to a point;
19. 2680 18' 54.95 feet to a point;
20. 2740 07' 37.18 feet to a point;
21. 2780 01' 30" 51.30 feet to a point;
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Thence, for the next fourteen(14) courses following along the Westerly side of
Hualalai Road:
22. 2950 14' 30" 22.05 feet to a point;
23. 3080 19' 30" 20.69 feet to a point;
24. 3250 39' 30" 20.68 feet to a point;
25. 3340 17' 30" 21.48 feet to a point;
26. 3360 02' 30" 33.82 feet to a point;
27. 3400 24' 30" 67.33 feet to a point;
28. 3340 52' 6.52 feet to a point;
29. 341" 39' 30" 26.14 feet to a point;
30. 3470 00' 30" 72.51 feet to a point;
31. 3500 18' 30" 18.90 feet to a point;
32. 3450 48' 30" 19.77 feet to a point;
33. 3290 30' 30" 15.17 feet to a point;
34. 3070 10' 30" 42.94 feet to a point;
35. 3160 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. 720 44' 30" 66.50 feet to a point;
37. 74" 32' 20" 77.76 feet to a point;
38. 870 49' 10" 36.53 feet to a point;
39. 700 17' 20" 80.56 feet to a point;
40. 800 42' 40" 38.66 feet to a point;
41. 770 56' 10" 30.09 feet to a point;
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42. 850 08' 40" 56.81 feet to a point;
43. 950 30' 20" 32.20 feet to a point;
44. 830 15' 10" 37.88 feet to a point;
45. 930 22' 50" 40.53 feet to a point;
46. 780 31' 30" 30.97 feet to a point;
47. 670 43' 30" 25.01 feet to a point;
48. 830 04' 15" 75.51 feet to a point;
49. 760 43' 50" 56.82 feet to a point;
50. 790 32' 10" 85.53 feet to a point;
51. 700 31' 50" 49.92 feet to a point;
52. 810 42' 30" 63.08 feet to a point;
53. 770 02' 50" 54.92 feet to a point;
54. 760 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, 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:
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(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 is 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 Applicant shall construct
necessary water improvements meeting with the approval of the Department of
Water Supply.
D. Final Subdivision Approval for the proposed subdivision shall be secured within
five (5) years from the effective date of this ordinance.
E. All driveway connections and construction within Hualalai Road shall conform to
Chapter 22, County Streets, of the Hawaii County Code. Access to Hualalai
Road, including the provision of adequate sight distances, shall meet with the
approval of the Department of Public Works - Engineering Division.
F. 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.
G. Hualdlai Road, fronting the subject property, is identified as a collector road by
the Hawaii 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
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construction of a single access to the subject property along the shared boundary
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between the subject property and TMK: (3)7-5-017:042 such that connection to
Hualdlai Road is possible by parcel 42 and designs for access are prepared in
consultation with owners of parcel 42. 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 Hualalai 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.
H. A secondary road access from Hualalai Road to the subject parcel shall be
prohibited.
1. Per Hawaii 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.
J. Vehicular access to individual lots shall be prohibited from Hualalai Road.
K. 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.
L. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawaii County Code.
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M. 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 Hawaii.
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N. The Applicant shall comply with the State Department of Health's Hawaii
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Administrative Rules Chapter 11-55, regarding Water Pollution Control, which
requires a National Pollutant Discharge Elimination System permit for certain
construction activities.
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O. 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 Hawaii 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.
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P. 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.
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Q. In the event that surface or subsurface historic resources, including human
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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.
R. 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.
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 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:
I. $7,540.24 per residential lot to the County to support park and recreational
improvements and facilities;
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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.
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.
T. As represented by the Applicant, the required affordable housing credits for the
project shall be satisfied on site, in accordance with mutually agreeable terms
between the Applicant and the County Office of Housing and Community
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Development, using the provisions of Chapter 11, Article 1, Hawaii County
Code, relating to Affordable Housing. Said agreement shall be executed prior to
receipt of Final Subdivision Approval.
U. 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.
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V. 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 f
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Health.
W. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following I
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.
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 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.
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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:
COU CIL MEMBER, COUNTY OF HA AI`I
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFFRENVU Comm. 952.10
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AMENDMENT TO THE ZLAO)' NING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),
j BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL- 5 ACRE (A-5a) TO
FAMILY AGRICULTURAL- 1 ACRE (FA-1a)
AT KAILUA-KONA, NORTH KONA, HAWAI'I
MAP PREPARED BY:
TMK.(3)7-5-017'043 COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE:August 5,2022
EXHIBIT"A" siting Chen
Map: 1435