HomeMy WebLinkAboutBIL 230 Draft 02 2000-2002 SILL NO. 230
(Draft 2)
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-5a) TO
SINGLE FAMILY RESIDENTIAL (RS-15) AT KALAOA 4rH, NORTH KONA, IIAWAI`I,
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 I-Iawai`i 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 Kekeieaukai;
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;
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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:
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.
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.
>-I. 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 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.
J. No second dwelling ~~d rto condomini~~ property regimes may be 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 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,
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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.
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 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 (HOPI). 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
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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.]
The
aaplicant shall ma.~e its fair share contribution to mitigate ~otenf~,.re,gional
impacts of the
subiect project with re~p~ct to roads, paxks~. ~~reation. fire.
pg~~e and sQl~d waste da~~posal facilities. The,~~n,~.u_ o the f~.ir sl~arg
contt'ibution shall be tsun~which is the broduct of r~,~ltinlvin~
tkte -~,utxlber of
reside~f~al lots propos.~~l ><o be subc~iv~,tled b~he a~~~~~~ oc~ted h~reinbelow
for each such lot an~hall become due and pava~le .prior to final suhdivlsion
ap~~oval fqr anv portipp of the suzbiect_p~operty or its inc~e..~,~~
sue. If the s~~ject
property is subdivided In two or more incremenl~,, t~i~~o~t of th.~£air share
contribution due and
navable prior
to final subdivis~Qr~ approval of each
increment~.~alll b~ ~ s.~m calculated in the game manner accordin _to t e n~m~r
of proposed resid~tial lots in each such increment. The fair sha~.~co~ll ' i n
in a form of cash, land. fa~.ili~es or az~c~,~~~oereof, acce~tabl~ to the
dit•~c.~or in consultation with the affected agencies. shall be determin=ed by the
CQ~t~t9~~ Council. Ttae,~ha e __av~ a ~~.a~~zn~z~ co ~ned
value of $7~$7~.24 per sin
lg.e~farr~xly residential uniX. B~s~d u9pon the
applicant's repres~t~t t~ f ~nte ev 1 re ~ ent' 1 u it
tie indicated total of fait share contribu~~n is $1~~43.OQ for si.n~.le-family
re~,~dential units. 1-€owever tie total a,. unt shall be inter used o~~~duced in
proportion with~the actu~u~,l~~r Q~ units according tote a la~ion aid
payment provisions set forth in this Co.~c~ition M The faia share contribution
shall be all9c~fed as follows:
1. $3.798.04 per siz~~l~-~arr~il~ residential unit for ~n indi t d t t of
~,970.fQ tithe County to support paw and recreational~:~proveruents
nd fac_~ i ies•
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2. $1.83.2 per sin~le~f milt' resi .~,tial unit for an in~dicaled total of
$2,74 30 toy e County to support police facilities•
3. $361.88 per sin.
l,~ e-familyresidential unit for in~~ated total of
$5 42~ '~0 to 1< County to support fire facilities;
4. 158.43 per sin~le.~fa~xai~ residential uni for n in~~cated Igtal of
$2 376 45 to the CQ~nty to suppgt•t sQl~ waste~acilities; and
5. $3,374.63 per si~gl.~-family~si.~.~~tia1 unit for ar~~~i~ated total of
$50 619 4~ to the State or Cunt,
tv o support road aid tr fi
tnnrovement,~~
The fair share contributions described above shall be a~j~~t~nn~i.~
b~~~nt]ting threes
nears a er the e~gective date of the cha~~e of zone based on tl~
percentage change
in
the Honolulu Consu~~r Price Inde~H~PI~Itl l~.~u of
Having the fair shat•e contrib~.tion the al2pli~nt may cgns~tx~ct and ~on~ribute
~rrtprovements/facilities related to narks and r~,creati9n. fire: ponce. solid waste
disposal facilities, and~•oads within the region impacted by the propQ,~ed
develQp~e~.~t3 subject to the approval of the directQL The cost of
brovid~n~
anti
constructing the im rp ovements ~equire~ Condition H shill be cr~~i.~ted a~i~st
the sum specified in Condition M 5 for ro,.~d an~tr~ fi itx~r ve __ertt,~. Por
pt~rpgses of a~ix~i_~~~.ter~ng. ~g,~dition M, the fair market value ~ land
contributed or the cost of and improvements
required or made in lieu of the ai
shar~co~r~~tribution shall be subject tq review and apgt•gval of thedirector, up~xt
consultation witJ~he a,.pnropriate ageneies.
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 reduirements.
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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 blawai`i Count 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:
I . 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.
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 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
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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 CIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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,A~~N[311~G SECT1®N 2~-8-3 (N~RTI-1 KON~~ON~ N~4P} ARTICLE 8, CSR 25
(~C~11NC; C013E) QI" fi rid I'-'~VVP~II CC~l1t~fi1Y CO[~, 13Y C4°16~NCSING ~I--I~ ®ISIC°~
CLASSI~ICATI~1 ~RQ~iA AGRICtJLTtJRAL (~5a) TO SINS FA(1fiI~Y R~S41~~N°i"IAL (RS-15)
AT KP~A~ ~°T't-I, NC3RTI-~ Kam, HAWpJ I
)'R~FAR~ RY: PI.ANNINC3 RogFtTI~IT
COI~V°fY G~F F~AV~lAII
TIC :7-3-005:Q97 Is~ARChI 13, 2002