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HomeMy WebLinkAboutBIL 010 Draft 02 2000-2002 COUNTY OF HAWAII STATE OF HAWAII BILL NO. t 0 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2~-8-3 (NORTH KON.4 ZONE MAP), ARTICLE 8, CHAPTER 2~ (ZONING CODE) OF THE HAWAII COCNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROY4 AGRICULTURAL (A-Sa) TO SINGLE FAMILY RESIDL-NTIAL (RS-I>) AT KEAUHOU 1't. NORTH KONA. HAWAII. COVERED BY TAX MAP KEY 7-8-1 l 9 BE IT ORDAINED BY THE C'OUVCIL OF THE COUN fY OF HA1k`AII SECTION 1 Section 25-8-3. Article 8, Chapter 25 (Zonutg Code) of the Ha~aau County Code. is amended to change the dtstnct classtticaUon of property desenbed hereinafter ati follows The dtstnct classification of the following area srtua[ed a[ Keauhou 1 North Kona, Hawau, shall be Single Faintly Residential (RS-1?) Beginning at a .z inch pipe at the Southwesterly corner of this parcel of land, being also the Northwesterly corner 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 Tnangulauon Station "KEAUHOC COAST" being 4,46 69 feet North and ±,706 82 feet East and running by azimuths measured clockwise from True South 1 163° ' 1' 30" 426 1 ~ leet along Lot ~-A and alone Royal Patent 447. Land Commission Award 7713. Apana 7 to V Kamamalu to a point. 2 2~3° ~4' 30" 729 98 feet along Lots 8, 9, 10 and 18 of Keauhou Estates. Phase III (File Plan 2li7) (aka Bayvtew Estates) and along Land C'omnusston Award 9697, Apana 2 to Naukt to a point, 3 31' 30" 174 20 feet along Lot 1-B and along Land Commisswn Award 9701 to Apea to a 'h inch pipe, 4 ~2° 08' 40" 713 ~0 feet along Lots 1-B and 1-A and along Land Comm~ss~on Award 727 to Keohulu to the point of beginning and eontarnmg an area of 4 606 Acres All as shown on the map attached hereto. marked Erhibrt "A" and by reference made a part hereof SECTION 2 Thts change m distract classtticanon is condrttoned upon the ti~llo~+mg A The applicant rts successors or assigns shall be responsible for comply mg with all of the stated conditions of approval B Wnhm ninety (90) dais from the effective date of this change of zone ordinance, the applicant shall submit for the revie+v and approval by the Department of Water Supply 1 A master plan of all projects +vhich wdl utilize the remaining water commitments tor++'h~ch Kamehameha ]nvestment Corpo~anon (K[C) has paid the full fac~lrties charge amount, 2 The number of units for each pm~ect, and 3 Written approval, should rt be necessan. trom K[C for the transfer of units +arthm the approved project area to the proposed development C Final Subdivision .Approval for the retiidenual subdivision development shall be secured +vrthm five }'ears from the effective date of [he ordinance D Restnctrve covenants in the deeds of all proposed res~denual lots wtthtn the subject property shall prohibit the construc[~on of a second dwelling unit nn each lot A copy of the proposed covenants to be recorded with the Bureau of Conveyances shall be submitted ~+rth the plans for subdivision to the Planning Director for review and approval .4 copy of the approved covenant(s) shall be recited m an instrument executed by the applicant and [he County and recorded wtth the Bweau of Conveyances m con~unctton with the issuance of Final Subdrnswn Approval E Access(es) and uuersecuon 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 .411 roadways wnhin the proposed subdrvis~on shall be constructed meeting wtth the regmrements of Chapter 23, Subdw~s~on Code Roadway improvements within the proposed subdtviston shall include curb, gutters and sidewalks G 4 drainage study of the subject property, if required, shall be prepared for review and approval b~ the Department of Public Works, pnor to submittal of plans for subdivision review Drainage mrpiovements. if regwred, shall be constructed or bonded meeting with the approval of the Department of Public Works pnor to the issuance of Final Subdivision 4pproval H The applicant, us succ,essois or assigns shall submit a Solid Waste Iv9anagement Plan for the development to the Deparhnent of Public y~'urks for review and approval 4 copy of the approved Plan shall be submitted to the Planning Department pnor to the issuance of Final Subdivision 4pprocal 1 An Archaeological Data Recovers Plan and Preservatton Plan shall be submtted for the review and approval to the Planning Director, m consultation with the Department of Land and Natural Resources-Htstonc Preservation Dtvrston (DLNR-HPD) Proposed nutigation treatment (preservation m place or disunermenVreinternment)foi bunal saes within the subject property shall be approved b} the Historic Preservation Drvtstoti s Hawau Island Burial Council before detailed mrtieauon plans are finalized for these saes A cop} of the approved Final archaeological Data Rewvery Plan and Preservatton Plan shall be submitted to the Planning Dtreuor for its files pnor to submitting plans for final subdtvtsion approval and•or pnor to any approval for am land alteration permits J Should any remains of hrstonc snes. such as- rock walls, terraces. platforms, marine shell concentrations or human burials. be encountered. work in the tmmedrate area shall cease and the Department of Land and Natural Resources-Hrs[onc Preservation Drvtsron (DLNR-HPD) shall be unmedrately notified Suhseyuent wort. shall proceed upon an archaeolo~tcal clearance from the DLNR-HPD when rt finds that sufticrent nuugative measures have begin taken K To ensure that the Goals and Policies of the Houstn_ Element of the General Plan are unplemented. the applicant shall compl} with the regwrements of Chapter 1 1. Article I, Hawan County Code relative to Affordable Houstne Policy Thts regwrement shall be appro. ed by the County Housing Agency pnor [o Final Subdrvtsion Approval L [The applicant shall make its fair share contnbutton to nuugate the potential regional impacts of the project wnh respect to roads. park fire. police and solid waste disposal tacihues The fair share contnbutton shall be inmally based on the representations contained within the change of zone application and may be increased or reduced proportionally tf the lot counts are adjusted The fair share contnbuuon shall become due and payable pnor to final subdivision approval of any portion of [he subject property or rts increments The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone The fair share contnbuuon m a form of cash, land, facilities or any combination thereof shall he determined by the County Counctl The tatr share contnbuuon may be adjusted annualk beemnmg three years atter the etfecu~e date of this ordinance, based on the percentage change to [he Honolulu Consumer Price Index. (HOPI) In Len of pad mg the fair share contnbuuon, the apphc,ant may construct and contribute improvements'facthttes related to roads, park, fire, police and solid waste disposal facihttes within the region impacted by the proposed development with the approval of the appropriate agency (iesj ] The applicant shall make its fair share contnbuuon to mitigate potential re tg Dual tm~acts of the subtect project with respect to roads, parks and recreation, fire. poltce and solid waste dtsposal facilities The amount of the fair share contrtbuuon shall be the sum which is the product of multtplvtne the number of residential lots proposed to be subdrvtded by [he amounts allocated herembelow for each such lot, and shall become due and pa~•able prior to final subdtvtston approval for an~oruon of [he subtect propert~or its increments If the subject fro erty is subdrnded m two or more increments, the amount of the fair share contnbuuon due and aavahle pnor to final subdtvtston approval of each increment shall be a sum calculated m the same manner according to the number of arooosed restdennal lots m each such increment The fair share contnbuuon, to a form of cash land facilities or any combination thereot, acceptable to the director m c,onsultatton with the affected aeencies, shall be determined by the County Counctl The tatr share contnbuuon shall have a maxtmum combined value of S7.876 20 per single-family residential unit Based upon the applicant's teoresentanon of intent to develop up to ten (10) residential units. the mdtcated total of fatr share contnbunon is $78.762.00 for single-tamily restdenttal unt[s However, [he total amount shall be tnereased or reduced m proportion wt[h [he actual number of units accordmtito the calculation and payment provisions set forth m this Condition L The fair share contnbunon shall be allucated as tollows 1 53.798 04 per single-famtly restdenttal unit for an indicated total tit $37,980.40 to the County to support park and recreational tmprovements and tactlwes 2 $183 22 per smele-tamtly restdennal unit for an indicated total of $1,832.20 to the County to supportpohce facthaes. 3 $361 88 per smele-famtly testdennal unit fur an indicated total of $3,618.80 to the County to support fire facilities. 4 $158 43 der stn~le-famtly restdennal unit fur an indicated total of $1,Sg4.30 to the County to support solid waste tacthues, and 5 $3.374 63 per smele-famtly restdennal unit for an indicated total of $33,746.30 to the State or County to support road and traffic improvements The fan share contnbuuons described above shall be adjusted annually beatnninQ three years after the effective date of the change of zone, based on the percentage change m the Honolulu Consumer Pace Index (HCP[l In lieu of Qaytnt? the tatr share contnbunon, the ap~ltcant may construct and conutbu[e tmprovements/facilities related to parks and recreation, fire, police, solid waste disposal factlntes, and roads within the re~ton impacted by the proposed development. subLt to [he approval of the director The cost of providing and construcune the tmprovements requued m Condmons E and F shall be credited aeamst the sum specified to Condtuon L (6) for road and traffic tmprovements For pumoses of administering Condition L, the fair market value of land contributed or the cost of any tmprovements regwred of made m Iteu o1 the fair -6- share contribution shall be subject to review and aoaroval of the director. upon consultation with the appronnate a en~ctes Upon approval of the fair share contributions or m lieu contributions by the director. the director shall submit a final report to the Council for its information that identifies the specific approved fair share and;ot m lieu contnbunons, as allocated. and further implementation requirements t1 Should the Council adopt a Untied Impact Fees Ordinance setting torch criteria for [he unposrtion of e~acuons or the assessments of impact fees. conditions included herein shall be credited towards the requrements of the Untied Impact Fees Ordinance In lieu of actual construction of rot}astructural improvements as cond[uoned above, the applicant ntay enter into an agreement with the Plannme Director and the Department of Public ~'~'orks and the Department of ~~'ater Supph. if applicable, to assure the Counh that the mtrastrucnual improvements will be constructed together with the appropriate bond. surer or other security deemed acceptable to the Planning Director and the Corporation Counsel l pon execution of such agreement and-ot tllmg of the security with the County, if applicable. Final Subdn ision approval for the subject property or poiUons thereof may be granted prior to the actual construction of required infiasuuctural improcr menu unless otherwise restricted herein O Comph with all applicable laws. rules. regulations and reymremen[s of other affected agencies for approval of the proposed development within the subject properh•. including the Department of Health P An annual progress report shall be submitted to the Planning Dtrector poor to the anmversarv date of the approval of the ordtnance The report shall include. but not be Lmned to, the status of the development and w what extent the condmons of approval are being comphed wtth This condmon shall remain m effect until all of the condrtrons of approval have been comphed with and the Planning Dtrector acl.nowledges that further reports are not required Q An tmual extenston of ttme for the performance of condmons wrthtn the ordinance may he eranted by the Planning Dtrector upon the following circumstances 1 The non-performance is the result of conditions that could not hate been foreseen or are beyond the control of the applicant. its successors or assigns, and that are not the result of [heir fault or neglteence 2 Gramme of the Ume extenston would not he contrary to the General Plan or Zoning Code 3 Granting of the time extenston would not be contrary to the original reasons for the granting of the change of zone 4 The time extenston granted shall be for a pertod not to exceed the pertod originally granted for performance h e , a condition to be performed within one year may be extended for up to one additional year) ~ if the appltcant should reywre an additional extenston of time. the Planning Dtrector shall submit the applicant's request to the County Council for appropriate action -g- R Should any of the condrttons not be met or substanttalh complied wrth m a timely fashion, the Director may uuuate rewnutg of the subject area to its onginal or more appropriate desi~nattun SECTION 3 In [he event [hat any portion of this ordmaitce is declared invalid. such im•alidrty shall no[ affect the other parts of this ordinance SECTION 4 This ordinance shall take effect upon its approval I~TRODL CED BY t L ~ ` CO[,~'CIL MEMBER, COL,TITY OF H.4WAI1 Hilo. Hawau Date of Introduction Date of 1st Reading Date of 2nd Reading Effective Date P.:r~RENCE: Comm. 1R i APPROVED AS TO FORA AND LEGALITY CORPORATION COLTSEL DATED -9- TRUE 4~ORiH Spr i• . ~ - ~ _ _ I i " ~ - AGRICULTURAL (A-Sa) i0 SINGLE FAMILY ~~G~9 ~ ' ~ \ RESIDENTIAL RS-15 u~ 4.eot ~atEs ~ j j~J i/, S.~ ni''' ~ ~ / \ 4,465 69 N T4'f~ % / \ ° - ' / - 3.706 82 c , w - \ ~ % KEAUHOU COAST"~ v L~ -J ~4 /y • / ~V J HIGHWAY ~ j ~4 ~ /'Y 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-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KEAUHOU 1ST, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII 7MK 7-8-11 9 OCTOBER 24 2000 EXHIBIT °A' ~Ow"`"' n~rtcn r)