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Home My WebLink AboutBIL 242 Draft 01 2000-2002 COLJN~°Y OF _ ~T~T~ OF ~~?I`~ .FILL NO. 242 OI~INANCE 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-la) TO MULTIPLE FAMILY RESIDENTIAL (RM-4) AT WAIAHA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:PORTION OF 7. 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 Waiaha 1 S`, North Kona, Hawaii, shall be Multiple Family Residential (RM-4}: Beginning at the Northeasterly corner of this parcel of land, being the SE comer of Land Court, Lot 1 on the southwesterly side of Hualalai Road, the coordinates of said point of beginning referred to government survey Triangulation Station "KAILUA" (North Meridian) being 4,019.90 feet South and 5,797.91 feet East and running by azimuths measured clockwise from True South: Thence, along the Southwesterly side of Hualalai Road for the following three (3) courses; 1. 328° 29' 17" 141.65 feet to a point; 2. 319° 18' 00" 62.91 feet to a point; 3. 304° 42' 24" 11.46 feet to a point; Thence, along Lot A, along a curve to the left having a radius of 50.00 -1- feet, the chord azimuth and distance being; 4. 91° 35' 47" 54.62 feet to a point; Thence, along Lot A, along a curve to the left having a radius of 100.00 feet, the chord azimuth and distance being; 5. 35° 47' 40" 77.15 feet to a point; 6. 13° 06' 10" 33.04 feet along Lot A to a point; Thence, along Lot A, along a curve to the right having a radius of 160.00 feet, the chord azimuth and distance being; 7. 37° 00' 44" 129.69 feet to a point; 8. 60° 55' 18" 144.12 feet along Lot A to a point; 9. 89° 04' 30" 20.28 feet along a Water Tank site (TMK: 7-5-17:15) to a point; 10. 359° 04' 30" 10.85 feet along a Water Tank site (TMK: 7-5-17:15) to a point; 11. 60° 55' 18" 92.44 feet along Lot A to a point; Thence, along Lot A, along a curve to the left having a radius of 900.00 feet, the chord azimuth -and distance being; 12. 142° 59' 20" 248.44 feet to a point; -2- 13. 135° 03' 20" 145.67 feet to a point; Thence, along Lot A, along a curve to the right having a radius of 500.00 feet, the chord azimuth and distance being; 14. 145° 39' 39" 184.04 feet to a point; 15. 265° 37' 49" 550.21 feet along the remainder of Lot B, along Land Court Application 1666, Lot 1, Map 1 to a point; 16. 268° 27' 49" 95.35 feet along the remainder of Lot B, along Land Court Application 1666, Lot 1, Map 2 to the point of beginning and containing an area of 4.979 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: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. -3- 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. Final Plan Approval for the proposed multiple family residential development and its related improvements shall be secured from the Planning Director in accordance with the Zoning Code, Sections 25-2-71 (c)(3), 25-2-72, 25-2-74 and 25-4-12 within five (5) years from the effective date of this ordinance. Plans shall identify proposed structures, fire protection measures, access roadway(s) and driveway(s), parking area(s) and landscaping associated with the proposed development. D. Primary access to the project site from Hualalai Road shall be via Road D as identified on plans submitted by the applicant as part of this Change of Zone Application. Direct primary access from the project site onto Hualalai Road shall be prohibited. Road E shall be limited to emergency uses only and shall be designed and constructed to standards meeting with the approval of the Department of Public Works and the State Department of Transportation. E. Road D, as identified on plans submitted with the applicant's Change of Zone Application, shall be designed and constructed to standards meeting with the approval of the Department of Public Works. The applicant shall extend Road D to the south to provide a physical connection with the Lelehuna Street stub-out within Kona Hillcrest Subdivision in a manner meeting with the approval of the Department of Public Works. A knock-down barricade or other form of acceptable barrier to vehicular traffic shall be erected by the applicant upon completion of this roadway connection and shall be removed at any time upon request by the Planning Director. Prior to requesting removal of this vehicular barrier, the Planning Director shall first consult with appropriate representatives -4- of the Hualalai Villages condominium complex and Kona Hillcrest Subdivision. The Lelehuna Street vehicular barrier shall not be removed unless another through-connection has been constructed between the upper portion of Hualalai Road and Kuakini Highway. Perpetual easement(s) to allow for public access over and across Road D shall be provided in favor of and at no cost to the County of Hawaii prior to issuance of a Certificate of Occupancy for any portion of the proposed development. The applicant shall dedicate Road D, in its entirety, to the County of Hawaii upon request by the Planning Director. F. The applicant shall provide improvements to Hualalai Road in the vicinity of the project site and its Hualalai Road-Road D intersection and dedicate such improvements to the County of Hawaii prior to the issuance of a Certificate of Occupancy for any portion of the multiple family residential project. These improvements to Hualalai Road include the widening of Hualalai Road and its right-of--way; installation of aleft-turn lane at its Road D intersection; curb, gutter and sidewalk improvements, and other improvements as may be required by the Department of Public Works. G. A drainage study of the project site and immediately surrounding area, including an assessment of a proposed storm sewer to be located within project site as recommended by The Master Plan for Kailua-Kona, shall be conducted by the applicant and approved by the Department of Public Works, prior to the submittal of plans for Final Plan Approval Review. Drainage improvements within the project site, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy for any portion of the multiple family residential project. H. The applicant shall submit a Solid Waste Management Plan for the development to the Department of Environmental Management for its review and approval. A -5- copy of the approved Plan shall be submitted to the Planning Department prior to the issuance of Final Plan 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 - 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 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 -6- 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). 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. There shall be no further Urban redistricting of the adjoining property without a Land Use Commission Boundary Amendment. N. 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. O. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: -7- 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 granting of the change of zone. 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 be 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. 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. -8- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: r _ , i ~ Y 1. OUl'~CIL MEMBER, COUNTY OF IIAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effectiv~~e,,~~Date:~^~ 675.21 -9- - g 5 l 'I ~1 i A-1a A is RNl-4 ~C~L201 y Ft I II I ~~~1N l ~ J._~--~ ~ I _J- _ - - fit- f._ 1 L ~ ~/y RS 15 ~ ~~_J- ~ RM-4 ~i 1 1 i A_~ W E A-?a ` A-1a A 5a ~O f~~ 1 \ p0 ~G t RM-2 f ~ A-5a -per RN}~2 ~ ~ 1 1~ _yi~- ~ - - 4, 019.90 S " - RM-1 C~G~ RM-4 55 79~. A 5a .9~ V-1 , - RM-1.25 - ~ ftM-4 V - Rfdl-1 , \ - 'i - I RM-2 ~1 - _ ~Z r~l'?1-1 A_5fy ` ~ AGRICULTURAL (A-1a) , cv-io TO ti1ULTIPLE-FAMILY ~ _ _ , A-1a RES!®ENTlAL (RM-4) ¢ - ~ A-1a A-1a AREA= 4.979Acses r' ~ Z~ A-1a _ g 7. . - 5 RS10 - RS7.5 ~ _ 7.. „ ~-,~R RQ3.75-- -1' - ~ 1 A ~ RS10 RD-37 ~ RQ375 R 1:~ - ~ \ - ~C -10 CV-10 _ R - - " ' A-5a 5 _ ~i 6f ~ CV-f0 /1-(j ~ RD-375 off/~ - A-5a ~ ~ V-1.25 ~ RM-7 ~ Z000 4000 Feet AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 13Y CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A 1a) TO MULTIPLE FAMILY RESIDENTIAL (RM-4) AT WAIAHA 1st, NORTH KONA, HAWAI I PREPARED SY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :7-5-010:Por. 086 (FORMALLY 7-5-017:Por. 007) APRIL 10, 2002 oe~o~ (U of N BENCORP:1060)