HomeMy WebLinkAboutORD 2001-047 2000-2002 COLJN'I'~ OF I-~W~:~~ 57'1~°T~ O~ I~,A?.WAII
SILL NO. 46
(Draft 3)
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 AGRICULTURAL (A-Sa) TO
SINGLE FAMILY RESIDENTIAL (RS-15) AT KEAUHOU 1ST, NORTH KONG, HAWAII,
COVERED BY TAX MAP KEY 7-8-11:PORTION OF 8.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Keauhou 1 s`, North
Kona, Hawaii, shall be Single Family Residential (RS-1 S):
Beginning at a 3/4 inch pipe at the Southwesterly corner of this parcel of land,
being also the Southeasterly corner of Lot 1-B, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "KEAUHOU COAST" being
4,598.35 feet North and 4,747.37 feet East and running by azimuths measured clockwise
from True South:
1. 176° 03' 15" 192.83 feet along Lot 1-B and along Royal
Patent 4475, Land Commission
Award 7713, Apana 7 to V. Kamamalu to a
3/4 inch pipe;
2. 265° 11' 30" 238.48 feet along Lot 1-B and along Royal
Patent 4475, Land Commission
Award 7713, Apana 7 to V. Kamamalu to a
point;
Thence, for the next five (5) courses following along the remainder of Land
Commission Award 10258, Apana 3 to Maikai:
3. 00° 43' 17.50 feet along Westerly face of stonewall to a
point;
4. 353° 38' 63.20 feet to a point;
5. 43° 10' 19.30 feet along Westerly face of stonewall to a
point;
6. 359° 43' 26.00 feet to a point;
7. 358° 12' 62.10 feet partially along Westerly face of
stonewall to a point;
8. 82° 15' 32" 222.06 feet along stonewall and along Royal
Patent 4475, Land Commission
Award 7713, Apana 7 to V. I~amamalu to
the point of beginning and containing an
area of 43,107 Square Feet or 0.990 Acre.
All as shown on the map attached hereto, marked 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. Final Subdivision Approval for the residential subdivision development shall be
secured within five (5) years from the effective date of the ordinance.
C. Restrictive covenants in the deeds of all the proposed residential lots within the
subject property shall prohibit 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 in an instrument executed by the applicant and the
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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.
D. Access(es) and intersection roadway improvements to the subject property from
Kaluna Street shall be constructed meeting with the requirements and approval of
the Department of Public Works.
E. All roadways within the proposed subdivision shall be constructed meeting with
the requirements of Chapter 23, Subdivision Code. Roadway improvements
within the proposed subdivision shall include curb, gutters and sidewalks.
F. A drainage study of the subject property, if required, shall be prepared for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed or
bonded meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
G. The applicant, its successors or assigns shall submit a Solid 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 Planning
Department prior to the issuance of Final Subdivision Approval.
H. An Archaeological Data Recovery Plan and Preservation Plan shall be submitted
for the review and approval of the Planning Director, in consultation with the
Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD). Proposed mitigation treatment (preservation in place or
disinternment/reinternment) for burial sites within the subject property shall be
approved by the Historic Preservation Division's Hawaii Island Burial Council
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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 prior to submitting plans for final
subdivision approval and/or prior to any approval for any land alteration permits.
An interpretation/mitigation plan for the subject property and specifically the
Keauhou Trail shall include buffer zones, a system for perpetual public access,
signage and long-range preservation concerns shall be submitted to the Planning
Department prior to Final Subdivision Approval.
I. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, be encountered, work in the
immediate area shall cease and the Department of Land and Natural
Resources-Historic 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.
J. The applicant shall make its fair share contribution to mitigate potential regional
impacts 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 hereinbelow
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
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Council. The fair share contribution shall have a maximum combined value of
$7,876.20 per single-family residential unit. Based upon the applicant's
representation of intent to develop up to two (2) residential units, the indicated
total of fair share contribution is $15,752.40 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 J. The fair share contribution shall be allocated as follows:
1. $3,798.04 per single-family residential unit for an indicated total of
$7,596.08 to the County to support park and recreational improvements
and facilities;
2. $183.22 per single-family residential unit for an indicated total of
$366.44 to the County to support police facilities;
3. $361.88 per single-family residential unit for an indicated total of
$723.76 to the County to support fire facilities;
4. $158.43 per single-family residential unit for an indicated total of
$316.86 to the County to support solid waste facilities; and
5. $3,374.63 per single-family residential unit for an indicated total of
$6,749.26 to the State or County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (HOPI). In lieu of
paying 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 within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the improvements required in Condition D shall be credited against
the sum specified in Condition J (5) for road and traffic improvements. For
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purposes of administering Condition J, 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 in 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 in lieu contributions, as
allocated, and further implementation requirements.
K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
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.
L. In lieu of actual construction of infrastructural improvements as conditioned
above, the applicant may enter into an agreement with the Planning Director and
the Department of Public 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
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.
M. Comply with all applicable rules, regulations and requirements of the affected
agencies for approval of the proposed development.
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N. An annual progress report shall be submitted to the Plam~ing Director prior 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. This 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.
O. 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, 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 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 he extended for up to one additional year).
5. [f 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.
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P. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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`~CO'~.7NCIL MEMEER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 18, 2001
Date of 1st Reading: April 18, 2001
Date of 2nd Reading: May 2 , 2001
Effective Date: May 9, 2001
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED
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TREE NORTH
Scale: 1' 10p' .
AGRICULTURAL (A-5a)
_ TO SINGLE FAMILY
T - RESIDENTIAL. (RS-15)
! ~ ~ A RFBEA: 0.990 ACRE
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AMENDING SECTBON 25-5-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, RY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO SINGLE FAMILY RESIDENTIAL (RS~15) AT KEAUHOU 1ST, NORTH
KONG, HAWAII.
RREPARED 13Y PANNING DEPARTMENT
COUNTY OF HAWAII
TM~/K11: p7-5-11: 8 (Por.) FEBRUARY 16, 2001
E"H 1131T to w ft (K. I. C.)
PR ^
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo , Hawaii
(Draft 3)
ROLL CALi~,VOTE
AYES NOES ABS EX
Introduced By: Bobby Jean Leithead-Todd Arakaki X
Date Introduced: Apri 1 18 , 2 0 01 Chung X
First Reading: Apri 1 18 , 2 0 01 Elarionoff X
Published: Apri 1 2 7, 2 0 01 Jacobson X
Leithead-Todd X
REMARKS: Pisicchio X
Safarik X
Tyler X
Yagong X
7 1 1 0
Second Reading: May 2, 2001 ROLL CALL. VOTE
To Mayor: May 7, 2001 AYES NOES ABS EX
Returned: May 10 ~ 2001 Arakaki X
Effective: Mav 9, 2001 Chung X
Published: Mav 16, 2001 Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
7 1 1 0
I DO HEREBY CERTIFY that the foreKoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
Imo/
PUTY C R ATION COUNSEL
COUNTY OF HAWAII ~hC~~IL CHAIRMAN
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Date j~ ~'~l ~
COUNTY CLERK
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ppro~d/Disapprover~this ~ day
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1 BiIINo.: 46 (Draft 3)
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MAYO~~~iR~ ~`OUNTYOFHAWAlI Reference: C-159/FC-20
Ord. N o.: ~ ~