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HomeMy WebLinkAboutORD 2001-015 2000-2002 t'~ : ':TC COUNTY OF HAW ; TATE OF HAWAII P~:~:= _ f 'r ~ BILL NO. 10 (Draft 3) ORDINANCE NO. O1 15 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 AGRICULTURAL (A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KEAUHOU 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-8-11.9 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII. SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawazt County Code, is amended to change the district classification of property described hereinafter as follows The distnct classification of the following azea situated at Keauhou 1", North Kona, Hawaz~, shall be Single Family Residential (RS-IS). Beginning at a % inch pipe at the Southwesterly comer of this parcel of ]and, being also the Northwesterly comer of Lot 1-A and being a point on the Easterly boundary of Lot 5-A, the coordinates of said point of beginning referred to Government Survey Tnangulahon Station "KEAUHOU COAST" being 4,465 69 feet North and 3,706.82 feet East and running by azimuths measured clockvnse from True South 1 163° 21' 30" 426 15 feet along Lot 5-A and along Royal Patent 4475, Land Commmssion Awadd 7713, Apana 7 to V Kamamalu to a point, 2. 253° 54' 30" 729 98 Y'eet along Lots 8, 9, 10 and 18 of Keauhou Estates, Phase III (File Plan 2137) (aka Bayview Estates) and along Land Commission Award 9697, Apana 2 to Nauki to a point, -1- 3 5° 31' 30" 174 20 feet along Lot 1-B and along Land Commission Award 9701 to Apea to a `/s inch pipe, 4 52° 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 area of 4.606 Acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof SECTION 2 This change in district classification is conditioned upon the following. A The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval B Witlvn ninety (90) days from the effective date of this change of zone ordinance, the applicant shall submit for the review 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 Corporatron (KIC) has paid the full facilities charge amount, 2 The number of amts for each project, and 3 Wntten approval, should it be necessary, from KIC for the transfer of amts within the approved project azea to the proposed development C Final Subdivision Approval for the residential subdivision development shall be secured within five (5) years from the effective date of the ordinance -2- D Restnctrve covenants in the deeds of all proposed residential lots within the subject property shall prolub~t the construction of a second dwelling unit on each lot A copy of the proposed covenant(s) to be recorded with the 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 approved covenant(s) shall be recited m an instnunent executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances E Access(es) and intersecUOn roadway improvements to the subject property from Kaluna Street shall be constructed meettng with the requirements and approval of the Department of Public Works F All roadways within the proposed subdivision shall be constructed meeting with the requirements of Chapter 23, Subdivision Code Roadway improvements within the proposed subdiv~s~on 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 subdivision review Drainage improvements, ~f required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval H The applicant, rts successors or assigns shall submit a Solid Waste Management Plan for the development to the Depaztment of Public Works for review and approval A copy of the approved Plan shall be submitted to the Planning Department pnor to the issuance of Final Subdtv~ston Approval -3- I An Archaeological Data Recovery Plan and Preservation Plan shall be submitted for the review and approval to the Planning Dtrector, to consultation with the Department of Land and Natural Resources-Historic Preservatton Division (DLNR-HPD) Proposed mitigation treatment (preservation in place or dtstnteniment/retnternment) for banal saes within the subJect property shall be approved by the Historic Preservatton Division's Hawatt Island Banal Council before detailed mtttgatton plans aze finalized for these sites A copy of the approved Final Archaeological Data Recovery Plan and Preservatton Plan shall be submitted to the Plaruvng Dtrector for its files pnor to submitting plans for final subdivision approval and/or pnor to any approval for any land alteration petrmts J Should any remains of historic saes, such as rock walls, terraces, platforms, maztne shell concentrations or human bunals, be encountered, work in the immediate azea shall cease and the Department of Land and Natural Resources-Htstonc Preservatton Division (DLNR-HPD) shall be immediately notified Subsequent work shall proceed upon an azchaeologtcal cleazance from the DLNR-HPD when tt finds that sufficient mitigative measures have been taken. K To ensure that the Goals and Policies of the Housing Element of the General Plan aze implemented, the appltcant shall comply with the requirements of Chapter 11, Article 1, Hawatt County Code relating to Affordable Housing Policy This requnrement shall be approved by the County Houstng Agency pnor to Final Subdivision Approval L The appltcant shall make its fair share contribution to mitigate potential regional tmpacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated heretnbelow -4- for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council The fair share contribution shall have a maxunum combined value of $7,876 20 per single-family residential unit Based upon the applicant's representation of intent to develop up to ten (10) residential units, the indicated total of fair share contribution is $78,762.00 for single-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition L The fair share contribution shall be allocated as follows 1 $3,798 04 per single-family residential unit for an indicated total of $37,980.40 to the County to support park and recreational improvements and facilities, 2 $183 22 per single-fainily residential unit for an indicated total of $1,832.20 to the County to support police facilities, 3 $361 88 per single-family residential unit for an indicated total of $3,618.80 to the County to support fire facilities, 4 $158 43 per single-family residential unit for an indicated total of $1,584.30 to the County to support solid waste facilities, and 5 $3,374 63 per single-family residential unit for an indicated total of $33,746.30 to the State or County to support road and traffic improvements -5- The fair share contributions described above shall be adjusted annually beguiung three years after the effective date of the change of zone, based on the percentage change rn the Honolulu Consumer Price Index (HCPI) In lieu of paymg the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads withm the region impacted by the proposed development, subject to the approval of the director The cost of providing and constructing the improvements required in Conditions E and F shall be credited against the sum specified in Condition L (5) for road and traffic improvements For purposes of admimstermg Condition L, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies Upon approval of the fair share contributions or to 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/or m lieu contributions, as allocated, and further implementation requirements 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 In lieu of actual construction of iiifrastructural improvements as conditioned above, the applicant may enter into an agreement with the Planning Director and the Department of Publtc Works and the Department of Water Supply, if applicable, to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed -6- acceptable to the Planning Director and the Corporation Counsel Upon execution of such agreement and/or filing of the security with the County, if applicable, Final Subdivision Approval for the subject property or portions thereof may be granted prior to the actual construction of required infrastructural improvements unless otherwise restricted herein O Comply with all applicable laws, rules, 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 conditrons of approval aze being complied with Tlms condition shall remain in 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 initial extension of trine 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 aze beyond the control of the applicant, its successors or assigns, and that aze 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 -7- reasons for the granting of the change of zone 4 The time extension granted shall be for a penod not to exceed the period onginally granted for performance (t e , a condition to be perfonned within one yeaz may be extended for up to one additional yeaz) 5 If the applicant should require an additional extenston of ume, the Planning Director 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 in a timely fashion, the Director may initiate rezoning of the subject azea to its onginal or more appropriate designation SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance SECTION 4 This ordinance shall take effect upon its approval INTRODUCED BY u~ CO CIL MEMBER, COUNTY OF HAWAII Hilo,Hawau Date oflntroduction January 10, 2001 Date oflstReading January 10, 2001 Date of 2ndReadinB January 24, 2001 EffectrveDate February 6, 2001 AppR01VEI1~S~~$dvt ALI CO ORATION CO DATED j/-~/ -g- TRUE NDRM I _ , ~ I I I l~~` ~ ~ ~ i ~ ~ ~ A 1\ ` ~ ___I ~ ~ /i \ I ~ ` a ~ ~ o 1 t ~ .r • • ~ RFC VIAL 111613 \ , 5 r h ' ~ 4155.55 N rs i. 3 7W.OQ E 'KEAUlIpU COAi1'A rr r • rr - r n n c .r r s ` err 1 \ ~ .r s s 0 v rr a ~ O A J• ~ rM l HIGHWAY PL~1 rr r 0 rr ~ rr a ~ AMENDMENT TO THE ZONING CODE AME7lDRIG SECTION 2S-e-3 KONA ZONE WIP). ARTICtF 0. CHAPTER 2S (ZONMiG CODE) OF THE MANIAR CODE, BY CNAl1iNIG THE D15TRICT CtASS~1CAT10N fR011 ACRfCUl1URAl (A-Sa) TO SINGLE FAWLY RESDOiT1AL (RS-1S) AT KEAUHOU 1ST, NORTH KONA, HAWAN. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMN 7-5-11:0 GCfOSLR 31. 4000 ExN1Y1T 'A' 10iid1 ~Q OFFICE OF THE COUNTY CLERK County of Hawai i Hilo , Hawan (Draft 3) ROLL CALL VOTE AYES NOES ABS EX Introduced By: Bobby Jean Leithead-Todd (B/R) A~kakr X DateImroduced January 10, 2001 Chung X FirstReadrng January 10, 2001 Elanonoff X Published January 19 & 22, 2001 Jacobson X Lenhead-Todd X ,1 RE.AIAR,C.S ~ Pisiccluo X Safank X Tvler X Yagong X 6 1 2 0 cn SecondReadmg January 29, 2001 ROLL CALL VOTE To Mayor January 26, 2001 AYES NOES ABS EX Resumed February 6, 2001 X Effective Februarv 6. 2001 _ ChWg X Published February 20, 2001 Elanonoff X Jacobson X RE4~1RxS Letthead-Todd X Ptstccluo X Safank X Tvler X Yagong X 7 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Councr! published as indicated above APPROVED AS TO FORMAN LEGALITY: .t DE TY CORPORATION COUNSEL COUNTY OF HAWAII 'VCIL CIL9IR:4fA;v Date z C '.'~°'1'I CLERK ,~lpprore D~sapproredth~c ~ ~ day of Fbb~nNr~t .o n!, _ BilINo 10 (Draft 3) ,'LIAYOR,ICO`(P.VTYOFHAWAI/ Reference c-18.2/ec-9 Ord No ~l 15