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HomeMy WebLinkAboutBIL 010 Draft 01 2000-2002 COUNTY OF HAWAII STATE OF HAWAII BILL NO. i p ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICliLTURAL (A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KEAUHOU I'T, NORTH KONA, HAVb'AII, COVERED BY TAX MAP KEY 7-8-11 9 BE IT ORDAINED BY THE COL'NC[L OF THE COUNTY OF HAWAII SECTION l Section 25-8-3, article 8, Chapter 25 (Zoning Code) of the Hawan County Code, is amended to change the distnct classificanon of property descnbed hereinafter as follows The dtstnct classification of the following area situated at Keauhou 1 North Kona, Hawau, shall be Single Family Residential (RS-15) Beginning a[ a''/: inch pipe at [he Southwesterly corner of this parcel of land, being also the Northwesterly comer of Lot 1-A and being a point on the Easterly boundary of Lot ~-A, the coordinates of said point of beginning referred to Government Survey Tnangulat~on Station "KEAUHOU COAST" being 4,46 69 feet North and 3,706 82 feet East and running by azimuths measured clockwise from True South I 163° 21' 30" 426 15 feet along Lot 5-A and along Royal Patent 4475, Land Commission Award 7713, Apana 7 to V Kamamalu to a point, 2 253° 54' 30" 729 98 feet along Lots 8, 9, 10 and 18 of Keauhou Estates, Phase III (File Plan 2137) (aka Bayv~ew• Estates) and along Land Commission Award 9697, Apana 2 to Nauki to a point, 3 5° 31' 30" 174 20 feet along Lot 1-B and along Land Commission Award 9701 to Apea to a inch pipe, 4 ~2° 08' 40" 712 50 feet along Lots 1-B and 1-A and along Land Commission Award 7327 to Keohulu to the point of beginning and containing an azea of 4 606 Acres All as shown on the map attached hereto, marked Exh~b~t "A" and by reference made a part hereof SECTION 2 This change m distnct class~ficat~on is condrt~oned upon the following A The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval B Wrthm ninety (90) days from the effective date of this change of zone ordinance, the applicant shall submit for the rev~ew• and approval by the Department of Water Supply 1 A master plan of all projects which will utilize the remaining water commitments for which Kamehameha Investment Corporation (KIC) has paid the full facilities charge amount. 2 The number of units for each protect, and 3 Wntten approval, should rt be necessary, from KIC for the transfer of units within the approved project area to the proposed development C Final Subdivision Approval for the residential subdivision development shall be secured w~thm five (5) years from the effective date of the ordinance -2- D Restnchve covenants m the deeds of all proposed residential lots within the subject property shall prohibit the construction of a second dwelling umt on each lot A copy of the proposed covenants to be recorded with the Bureau of Conveyances shall be submitted with the plans for subdrvision to the Planning Director for review and approval A copy of the approved covenant(s) shall be recited m an instrument executed by the applicant and the County and recorded with the Bureau of Com•eyances in conjunction with the issuance of Final Subdw~sion Approval E Access(es) and mtersechon roadway unprovements to the subject property from Kaluna Street shall be constructed meeting with the regwrements and approval of the Department of Public Works F All roadways within the proposed subdivision shall be constructed meeting with the regwrements of Chapter 23, Subdrv~s~on Code Roadway improvements within the proposed subdrvision shall include curb, gutters and sidewalks G A drainage study of the subject property, if required, shall be prepazed for review and approval by the Department of Public Works, pnor to submittal of plans for subdrv~s~on review Drainage improvements, if reginred, shall be constructed or bonded meeting with the approval of the Department of Public Works pnor to the issuance of Final Subdrv~sion Approval H The applicant, its successors or assigns shall submit a Sold Waste Management Plan for the development to the Department of Public Works for review and approval A copy of the approved Plan shall be submitted to the Pla~mmg Department pnor to the issuance of Final Subdrv~s~on Approval -3- I An Archaeological Data Recovery Plan and Preservation Plan shall be submitted fur the review and approval to the Planning Director, m consultation with the Department of Land and Natural Resources-Histonc Preservation Division (DLNR-HPD) Proposed mitigation treatment (preservation m place or dismtenunenbreintemment) for bunal sites within the subtect property shall be approved by the Histonc Preservation Division's Hawau Island Bunal Council before detailed mitigation plans are finalized for these sites A copy of the approved Final Archaeological Data Recovery Plan and Preservation Plan shall be submitted to the Planning Director for its files pnor to submitting plans for final subdivision approval and~'or pnor to any approval for any land alteration permits J Should any remains of histonc sites, such as rock walls, terraces, platfonns, manne shell concentrations or human bunals, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Histonc 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 mitigative measures have been taken K 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, Artule 1, Hawau County Code relating to Affordable Housing Policy This requirement shall be approved by [he County Housing Agency pnor to Final Subdivision Approval L The applicant shall make its fair share contnbution to mitigate the potential regional impacts of the protect with respect to roads, park, fire, police and solid waste disposal facilities The fair share contnbution shall be mrtially 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 contnbution shall become due and payable pnor to final subdivision approval of any portion of the subject property or its increments The fair share contnbution fur each lot shall be based on a maximum density for each lot as detemm~ed by the zoning resulting from this change of zone The fair share con[nbution m a form of cash, land, facilities or any combination thereof shall be determined by the County Council The fair share contnbut~on may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change m the Honolulu Consumer Pace Index (HOPI) In lieu of paying the fair share contnbution, the applicant may construct and contnbute improvements!facilities related to roads, park, fire, police and solid waste disposal facilmes within the region impacted by the proposed development wrth the approval of the appropnate agency(ies) M Should the Council adopt a Unified Impact Fees Ordinance setting forth cntena for the imposition of exactions or the assessments of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance N [n lieu of actual construction of mfrastructural improvements as conditioned above, the applicant may enter into an agreement wrth the Planning Director and the Department ofPubl~c Works and the Department of Water Supply, ~f applicable, to assure the County that the infrastructural improvements wail be constructed together wrth the appropnate bond, surety or other secunty deemed acceptable to the Planning Director and the Corporation Counsel Upon execution of such agreement andlor filing of the secunty with the County, ~f applicable, Final Subdivision Approval for the subject property or portions thereof may be granted pnor to the actual construction of required mfrastructural improvements unless otherwise restncted herein -5- O Comply with all applicable laws, toles, regulations and requirements of other affected agencies for approval of the proposed development within the subject property, including the Department of Health P An annual progress report shall be submitted to the Planning Director pnor to the anniversary date of the approval of the ordinance The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with TMs condihon shall remain m effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required Q An imhal extension of time for the performance of condthons wi1Mn the ordinance may be granted by the Planning Director upon the following circumstances 1 The non-perfoiTriance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its 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 onginal reasons for the granting of the change of zone -6- 4 The time extension granted shall be for a penod not to exceed the penod onginally granted for performance (i e , a condition to be performed wrthm one yeaz may be extended for up to one addmonal yeaz) 5 If the applicant should require an additional extension of time, the Plarmmg Dtrector shall submit the applicant's request to the County Council for appropnate action R Should any of the conditions not be met or substantially complied with m a timely fashion, the Dtrector may initiate rezoning of the subject azea to its ongmal or more appropnate designation SECTION 3 In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other pazts of this ordinance SECTION 4 This ordinance shall take effect upon its approval INTRODUCED BY C CIL MEMBER, COUNTY OF HAWAII Hilo, Hawau Date of Introduction Date of 1st Reading Date of 2nd Reading Effective Date Rft•ERENCE Comm. 18 - APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED -7- pUE NOa*~, - Sy4 " =400 - - AGRICULTURAL (A-Sa) ' TO SINGLE FAMILY ~9<~ / RESIDENTIAL RS-15 Hq _ 4~ / •1 - AREA 4.606 ACRfS - S~/, . ;3 - ~y~ / i 4,465 69 N rRF-~~ ~ Y' - / 3.70682 E / / ---_."KEAUHOU COAST"D / / L" L• YV - L~ , Pw vN ~ -T~~~_ • r \ I Yy / ~ j ! HIGHWAY N / P~\\ . N ^ CM AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KEAUHOU 1ST, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-8-11 9 OCTOBER 24 2000 EXHIBIT ~~A (OWNERS OF PARCEL 8)