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Home My WebLink AboutBIL 230 Draft 01 2000-2002 COUN'I°°Y O~ I IA,W`I S'I`~T'~ O~ I--IAWAI`I SILL NO. 230 OIZDINI~NCE 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) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KALAOA 4TH, NORTH KONA, I-IAWAII, COVERED BY TAX MAP KEY 7-3-5:97. 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 Code, 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-15): Beginning at the Southwest corner of this parcel of land, being also the Northwest corner of Lot 1, the coordinates of said point of beginning referred to Government Survey Triangulation Station °'MOANUTAHEA", being 7,067.06 feet South and 9,555.55 feet West, thence running by azimuths measured clockwise from true South: 1. 186° 50' 289.16 feet along the remainder of Grant 1607 to Nawahie (Lot A, 50-ft. road); 2. 267° 56' 30" 25.15 feet along Grant 1608 to Kekeleaukai; 3. 266° 53' 30" 711.70 feet along same; 4. 268° 09' 225.99 feet along same; 5. 267° 13' 30" 264.17. feet along same; 6. Thence along Hawaii Belt Road, F.A.P. F-10(5) on a curve to the right with a radius of 1,392.40 feet, the chord azimuth and distance being: 0° 27' 42" 63.42 feet; -1- 7. Thence along Hawaii Belt Road, F.A.P. F-10(5) on a curve to the right with a radius of 1,869.95 feet, the chord azimuth and distance being: 2° O1' S6" 17.33 feet; 8. 92° 17' S2" 10.00 feet along Hawaii Belt Road, F.A.P. F-10(5); 9. Thence along Hawaii Belt Road, F.A.P. F-10(5) on a curve to the right with a radius of 1,869.95 feet, the chord azimuth and distance being: 4° 31' S6" 145.03 feet; 10. 6° 46' 8.24 feet along Hawaii Belt Road, F.A.P. F-10(5 11. 95° 33' S7" 336.44 feet along the remainder of Grant 1607 to Nawahie (Parcel A); 12 85° 00' 445.39 feet along same; 13. 6° 38' 46" 159.68 feet along same; 14. 96° 38' 46" 442.32 feet along the remainder of Grant 1607 to Nawahie (Lot 1) to the point of beginning and containing an area of 6.904 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. The County Council finds the following conditions are (1) necessary to prevent circumstances which may be adverse to the public health, safety and welfare; and (2) reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to (A) protection of the public from the potentially deleterious effects of the proposed use, or (B) fulfillment of the need for public service demands created by the proposed use. In this case, a condition to prohibit the construction of a second dwelling is imposed because of concerns over the overall density of the proposed subdivision and to mitigate potential impacts upon public facilities and infrastructure servicing the affected area. Therefore, this change in district classification is conditioned upon the following: -2- A. The applicant, successors or assigns shall be responsible for complying with 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. C. Lots within the proposed subdivision shall not exceed the number of units of water which are 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 off-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. No variance shall be sought or granted to allow the subdivision of lots not served by acounty-approved water system. E. 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. F. 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. -3- G. If required to be dedicated, all subdivision roads shall be constructed to County dedicable standards and dedicated to the County of Hawaii. The applicant shall consult with the Planning Department and the Department of Public Works regarding additional roadway connections to adjoining parcels, prior to the submittal of plans for subdivision review. H. Improvements to that portion of `Ili `Ili Street in the immediate vicinity of the subject property, as determined by the Department of Public Works, shall be completed prior to the issuance of Final Subdivision Approval. These improvements may include pavement overlays, a drywell, street lights, and markings. The applicant shall dedicate its interest in `Ili `Ili Street to the County of Hawaii upon completion of the required street improvements and prior to the issuance of Final Subdivision Approval. I. A drainage study for the project site shall be conducted by the applicant and approved by the Deparment 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. J. No second dwelling maybe constructed on any of the lots. A covenant stating this restriction shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for all portions of the subject property. 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 recorded document shall be filed with the Planning Department upon its receipt -4- from the Bureau of Conveyances. This restriction may be removed by amendment to this ordinance. The owner may also impose restrictions on additional dwellings as a private covenant enforceable by the owners. K. 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 1Zesources - 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. L. 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. M. 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 may be increased or reduced proportionally if the lot counts are 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 maybe adjusted annually beginning three years after -5- 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 contribute land and/or construct 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). ~1ny 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. N. 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. O. 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. P. 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. -6- 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 maybe extended for up to one additional year). 5. If 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. Q. 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 This ordinance shall take effect upon its approval. INTRODUCED BY: CO IL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: pmt y_~~~~'+~ 673 _ N A-`~ A-~ A-5a ~ _ W E A-20a A-3a Zp ~ A-~ ~ A-~ A-5a S A-3a ~Z~ A-20a I ~ I A-5a RS10 A_5a CP1-10 A-5a I A-5a C1V-10 I RS15 7,067.0& S A-20a 9 555.55 W 'N10ANUTANEA"p RS 1 A-5a RS10 ~ I Rszo AGRICULTURAL (A 5a) TO A-~ i ~ SINGLE FAMILY RESIDENTIAL (RS-15) AREA = 6.904 Acres A-~ ~ A-20a Q I I A-5a Q ~ I KAIMINANI p A-1a A-1a RIVE ~ 2' I Q I A 5a = A-1a ~ A- Q A-2~ A-1a 11 ~ 11 A-5a ~ I I A 1a I A-1a 0 500 1000 1500 2000 Feet AMENDING SECTION 25-8-3 (NORTH KONAZONE MAP) ARTICLE 8, CI~APTER 25 (ZONING CODE) OF TFIE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (R 5a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KALAOA 4TH, NORTH KONA, HAWAI I PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I ~TMK :7-3-005:097 MARCH 13, 2002