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Home My WebLink AboutBIL 193 Draft 01 2000-2002 COZJNT~ O~ STATE OE I~IAWAI`I SILL NO. 193 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) AND SINGLE FAi'~IILY RESIDENTL~L (RS-10) TO SINGLE FAMILY RESIDENTIAL (RS-20) AT KALAOA ~4~, NORTII KONA, HA;~JAII, COVERED BY TAX MAP KEY 7-3-5:95, PORTION OI' 85 AND PORTION OF 31. 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 Hawaii County Cade, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 4"', North Kona, Hawaii, shall be Single Family Residential (RS-20): Parcel 1: Beginning at the Southwesterly comer of this parcel of land, being also the Southeasterly corner of Lot S-D-S and a point on the Northerly boundary of Lot B-2, the coordinates of said point of begir~ing referred to Government Survey Triangulwtion Station °'MOANUTAHEA" being 6,763.73 feet South and 10,369.81 feet West and running by azimuths measured clockwise from True South: 1. 152° 27' 15" 691.95 feet along Lots 5-D-5, 5-D-4, 5-D-3 and 5-D-2 and along the remainder of Grant 1608 to Kekeleaukai to a point; 2. 262° 17' 185.15 feet along middle of stonewall and along Lots 4, 3 and 2 of Kona Coastview Subdivision, Unit IV (File Plan 975) to a point; 3. 267° 20' 30" 167.05 feet along middle of stonewall and along Lots 2 and 1 of Kona Coastview Subdivision, Unit IV (File Plan 975) and along the Southerly end of Kiekie Street to a point; Thence, for the next four (4) courses following along the remainders of Lot 5 and Grant 1608 to Kekeleaukai: 4. 0° 26' 11.03 feet to a point; Thence, following on a curve to the left with a radius of 300.00 feet, the chord azimuth and distance being: 5. 338° 50' 30" 220.79 feet to a point; 6. 317° 15' 264.21 feet to a point; Thence, following on a curve to the right with a radius of 300.00 feet, the chord azimuth and distance being: 7. 340° 34' 40" 237.59 feet to a point; Thence, for the next four (4) courses following along the remainder of Grant 1608 to Kekeleaukai: 8. 271° 33' 30" 178.68 feet along the remainders of Lots 5 and 3 to a point; Thencc, for the next three (3) courses following along the remainder of Lot 3: 9. 272° 09' 111.83 feet to a point; 10. 267° 56' 30" 162.92 feet to a point; 11. 357° 56' 30" 25.00 feet to a point; 12. 87° 56' 30" 163.84 feet along the Northerly end of `Ili `Ili Street, Lot B-2 and Grant 1607 to Nawahie to a point; Thence, for the next three (3) courses following along Lot B-2 and Grant 1607 to Nawahie: 13. 92° 09' 112.62 feet to a point; -2- 14. 91° 33' 30" 445.47 feet to a point; 15. 93° 46' 101.02 feet to the point of beginning and containing an area of 5.756 acres. Parcel 2: Beginning at the Northwesterly corner of this parcel of land, being also a point on the Northerly boundary of Lot 3 and a point on the Southerly boundary of Lot 7 of Kona Coastview Subdivision, Unit II (File Plan 915), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANLTIAHEA" being 6,091.47 feet South and 9,763.40 feet West-and running by azimuths measured clockwise from True South: 1. 267° 02' 39.20 feet along middle of stonewall, along Lot 7 of Kona Coastview Subdivision, Unit II (File Plan 915) and along Grant 1606 to Kanehailua to a point; 2. 261° 28' 157.69 feet along middle of stonewall, along Lots 7, 6 and 5 of Kona Coastview Subdivision, Unit II (File Plan 915) and along Grant 1606 to Kanehailua to a point; Thence, for the next thre:, (3) courses following along Lot 1 and along the remainder of Grant 1608 to Kekeleaukai: 3. 359° 58' 120.70 feet to a point; 4. 273° 12' 282.00 feet to a point; 5. 273° 36' 153.94 feet to a point; Thence, for the next eight (8) courses following along the remainder of Grant 1608 to Kekeleaukai: 6. 357° 52' 30" 210.42 feet along the remainder of Lot 4 to a point; 7. 89° 22' 104.39 feet along the remainder of Lot 4 to a point; 8. 18° 35' 40" 126.09 feet along the remainders of Lots 4 and 3 to a point; -3- Thence, for the next five (5) courses following along the remainder of Lot 3: 9. 53° 24' 30" 82.04 feet to a point; 10. 74° 48' 45" 230.99 feet to a point; 11. 90° 32' 20" 247.33 feet to a point; 12. 181° 02' 239.63 feet to a point; 13. 186° 49' 40" 321.40 feet to the point of beginning and containing an area of 6.522 Acres. Parcel 3: Beginning at the Northeasterly corner of this parcel of land, being also a point on the Northerly boundary of Lot 3 and a point on the Southerly boundary of Lot 7 of Kona Coastview Subdivision, Unit II (File Plan 915), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 6,091.47 feet South and 9,763.40 f;,et West and running by azimuths measured clockwise from True South: Thence, for the next eight (8) courses following along the remainder of Grant 1608 to Kekeleaukai: Thence, for the next five (5) courses following along the remainder of Lot 3: 1. 6° 49' 40" 321.40 feet to a point; 2. 1° 02' 239.63 feet to a point; 3. 270° 32' 20" 247.33 feet to a point; 4. 254° 48' 45" 230.99 feet to a point; 5. 233° 24' 30" 82.04 feet to a point; 6. 198° 35' 40" 126.09 feet along the remainders of Lots 3 and 4 to a point; 7. 269° 22' 104.39 feet along the remainder of Lot 4 to a point; 8. 356° 46' 30" 335.90 feet along the remainders of Lots 4 and 2 to a point; -4- 9. 86° 53' 30" 391.24 feet along Lot B-1 and along Grant 1607 to Nawahie to a point; 10. 87° 56' 30" 50.46 feet along Lot ~-1 and the Northerly end of `Ili `Ili Street to a point; Thence, for the next eight (8) courses following along the remainder of Grant 1608 to Kekeleaukai: Thence, for the next three (3) courses following along the remainder of Lot 3: 11. 177° 56' 30" 25.00 feet to a point; 12. 87° 56' 30" 162.92 feet to a point; 13. 92° 09' 111.83 feet to a point; 14. 91° 33' 30" 178.68 feet along the remainders of Lots 3 and 5 to a point; Thence, for the next four (4) courses following along the remainder of Lot 5: Thence, following on a curve to the left with a radius of 300.00 feet, the chord azimuth and distance being: 15. 160° 34' 40" 237.59 feet to a point; 16. 137° 15' 264.21 feet to a point; Thence, following on a curve to the right with a radius of 300.00 feet, the chord azimuth and distance being: 17. 158° 50' 30" 220.79 feet to a point; 18. 180° 26' 11.03 feet to a point; 19. 267° 20' 30" 74.65 feet along the Southerly end of Kiekie Street, along middle of stonewall, Lot 13 of Kona Coastview Subdivision, Unit II (File Plan 915) and along Grant 1606 to Kanehailua to a point; -5- Thence, for the next five (5) courses following along middle of stonewall and along Grant 1606 to Kanehailua: 20. 246° 49' 30" 122.46 feet along Lots 13 and 12 of Kona Coastview Subdivision, Unit II (File Plan 915) to a point; 21. 268° 46' 67.63 feet along Lots 12 and 11 of Kona Coastview Subdivision, Unit II (File Plan 915) to a point; 22. 278° 14' 119.55 feet along Lots 11 and 10 of Kona Coastview Subdivision, Unit II (File Plan 915) to a point; 23. 273° 44' 174.40 feet along Lots 10, 9 and 8 of Kona. Coastview Subdivision, Unit II (File Plan 915) to a point; 24. 267° 02' 29.00 feet along Lots 8 and 7 of Kona Coastview Subdivision, Unit II (File Plan 91 S} to the point of beginning and containing an area of 8.710 Acres. 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, successors or assigns shall be responsible for complying Yvith all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. -6- C. Lots within the proposed subdivision shall not exceed the number of units of water which arc available and have been committed to the subject property by the Department of Water Supply. Any further development shall occur only when sufficient County water becomes available by construction of on- and ofl=site water system improvements. All water system improvements shall meet with the requirements of the Department of Water Supply prior to the issuance of Final Subdivision Approval. D. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. E. Roadway and access to all lots within the proposed subdivision shall meet with the approval of the Department of Public Works. The improvements within the proposed subdivision shall include underground utilities. F. All subdivision roads, including the connection of `Ili `Ili Street and Kiekie Street through the project site, shall be constructed to County dedicable standards and dedicated to the County of Hawaii upon request by the Department of Public Works. The applicant shall. consult with the Department of Public Works regarding additional roadway connections to adjoining parcels, prior to the submittal of plans for subdivision review. G. A drainage study for the project site shall be conducted by the applicant and approved by the Department of Public Works, prior to the submittal of plan for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with the issuance of Final Subdivision Approval. -7- H. Restrictive covenants in the deeds of all proposed residential lots 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 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. 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 - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work- shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. J. 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, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval of each increment. K. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject 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 maybe increased or reduced proportionally if the lot counts are -8- _ adjusted. 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 contribution shall become due and payable incrementally as the subdivision is built out. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. 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 (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute land, 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 appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions. L. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. M. 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. -9- N. 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, 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 grar3ting 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 magr be extended for up to one additional year). S. If the applicant should require an additional extension of time, the Planning Director ;:hall submit the applicant's request to the County Council for appropriate action. O. Should any of the conditions not be met or substantially complied with iii 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. -10- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: O ' CIL MEMBER, COUNTY OF~HAWAII I-Iawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: C.~rr~-,~. ::.::::.:.....5.:52.,............ -11- PARCEL1 PARCEL3 PARCEL2 AGRICUL~JRAL (A-5a) SINGLE FAMILY RESIDENTIAL (RS-10) AGRICULTURAL (R~5a) TO SINGLE FAMILY RESICEIv°T1AL (RS•20) TOSINGLE-FAMILY RESIDENTIAL (RS-20) TO SINGLE FAMILY RESICEP~TIAL (RS-20) AREA = -5.756 ACRES -AREA = 8.710 ACRES AREA = 6.522 ACRES N a~ ' I I' ' asa S I' AHW 1ST', ; _ l45a O c w ~ a2rx ~ a~ w ~ a5a nsa a-sa, I Y AHI W ST a9a 6,097I.47S I 9 7634 ,W A-5a - - - q_~ Fr21la ,41a y - RS70 - I Y Z S .4fa I~ II.. ~ 6, 763.73 S 10.369.81 W .~MO~U~.~'f~ ~ RS75 RS10 ~ RSfO ~ - RSfO ~ - '4~ LLl RSfO CI RS10 Y ~ RS20 _ _ Q -:Q-- ;h5a A.~ a ~ a _ azoa asa a-sr Q a~ ~5~ a5a KAIMINANI DRIVE ' l41a q-1a ~ ~ A-Sa 0 £00 1200 1800 2400 Few AMENDING SECTION 25-83 (NORTI~ KONA ZONE MAP) ARTICLE 8, CLAPTER 25 (ZONING CODE) OF TLE HAWAII COUNTY CODE, SY CLANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A 5a) AND SINGLE FAMILY RESIDENTIAL (RS610) TO SINGLE FAMILY RESIDENTIAL (RS-20) AT KAInAOA 4T~-i, NORTH KONG, LAWAI I PREPARED BY: PLANNING DEPARTMENT COUNTY CF LAWAII TMK :7-3-005:095, Por. 085, Por. 031 JAN. 29, 2002 ~m~se (DeLuz-1055) _