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Home My WebLink AboutBIL 039 Draft 01 2002-2004 COUNTY OF HAWAII , STATE OF HAWAI`~ BILL NO. 39 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-20) AT HIENALOLI 2ND 3RD AND 4~", NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-10:PORTION OF 52 AND PORTION OF 65. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 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 Hienaloli 2"d, 3rd, and 4'~', North Kona, Hawaii, shall be Single Family Residential (RS-20): Parcel "A": Beginning at the Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 3 of this subdivision and being a point on the Southerly boundary of Lot 1-B as shown on CSF 16687 (Government Land, State of Hawaii), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 7,869.83 feet North and 4,182.20 feet East and running by azimuths measured clockwise from True South: Thence, for the next six (6) courses following along Lot 1-B as shown on CSF 16687 (Government Land, State of Hawaii): 1. 259° 10' 11 " 87.25 feet to a point; 2. 246° 00' 1 I" 150.00 feet to a point; 3. 238° 30' 1 1" 280.00 feet to a point; -1- 4. 255° 20' 11" l 76.00 feet to a point; 5. 231" 50' 11" 150.00 feet to a point; 6. 231° 45' 11" 50.00 feet to a point; 7. 344° 00' 550.75 feet along Lot 5 of this subdivision and along the remainders of Land Commission Award 7716, Apana 5 to R. Keelikolani and Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2, to American Board of Commissioners for Foreign Missions to a point; 8. 74° 00' 223.24 feet along Lot 5 of this subdivision and along the remainder of Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2, to American Board of Commissioners for Foreign Missions to a point; 9. 354° 19' 151.88 feet along Lot 5 of this subdivision and along the remainder of Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2, to American Board of Commissioners for Foreign Missions to a point; 10. 73° 26' 33.89 feet along the Northerly end of Melelina Street to a point; 11. 75° 1T 229.00 feet along the Northerly end of Melelina Street, along Lots 54, 55 and 56 of Kona Heights Subdivision, Increment II (File Plan 1077) and along Land Commission Award 8524-B, Part 3 to Peke to a point; 12. 165° 1T 241.26 feet along Lots 31, 33 (Roadway) and 32 of Kealoha, Increment 2 and along the remainder of Royal Patent ] 600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2, to American Board of -2- Commissioners for Foreign Missions to a point; Thence, for the next eight (8) courses following along middle of stonewall and along Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2, to American Board of Commissioners for Foreign Missions: Thence, for the next five (5) courses following along Lot 32 of Kealoha, Increment 2: 13. 74° 33' 3.45 feet to a point; 14. 100° 2T 4.56 feet to a point; 15. 91° 29' 21.86 feet to a point; 16. 77° 44' 60.39 feet to a point; 17. 69° 02' 68.36 feet to a point; Thence, for the next three (3) courses following along Lot 29 of Kealoha, Increment 2: 18. 59° 36' 41.06 feet to a point; 19. 61 ° 54' 76.08 feet to a point; 20. 64° 35' 43.02 feet to a point; 21. 156° 00' 324.66 feet along Lot 3 of this subdivision and along the remainder of Land Commission Award 7716, Apana 5 to R. Keelikolani to the point of beginning and containing an area of 8.971 Acres. Parcel "B": Beginning at the Southwesterly corner of this parcel of land, being also the Southeasterly corner of Lot 4 and being a point on the Northerly end of Melelina Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 7,519.62 feet North and 4,923.41 feet East and running by azimuths measured clockwise from True South: 1. 174° 19' 151.88 feet along Lot 4 and along the remainder of Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, -3- Part 4, Section 2, to American Board of Commissioners for Foreign Missions to a point; 2. 254° 00' 288.09 feet along Lot 4 and along the remainders of Lot 5 and Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2, to American Board of Commissioners for Foreign Missions to a point; 3. 344° 00' 154.20 feet along the remainder of Lot 5 and along the remainders of Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2, to American Board of Commissioners for Foreign Missions and Land Commission Award 8524-B, Part 3 to Peke to a point; 4. 70° 38' S6" 45.58 feet along Lot 129 of Kona Heights Subdivision, Increment II (File Plan 1077) and along the remainder of Land Commission Award 8524-B, Part 3 to Peke to a point; 5. 77° 42' 3 135.67 feet along Lots 129, 130 and 134 of Kona Heights Subdivision, Increment Il (File Plan 1077) and along the remainder of Land Commission Award 8524-B, Part 3 to Peke to a point; 6. 73° 26' 134.41 feet along Lot 134 of Kona Heights Subdivision, Increment II (File Plan 1077), along Land Commission Award 8524-B, Part 3 to Peke and along the Northerly end of Melelina Street to the point of beginning and containing an area of 1.049 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -4- SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (I) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (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. A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the new proposed subdivision shall be completed within five (5) years from the effective date of this Ordinance. C. The applicants shall extend Melelina Street to the northern boundary of the project site in a manner meeting with the approval of the Department of Public Works (DPW). The extension of Melelina Street shall be constructed to County dedicabee standards and dedicated to the County of Hawaii at such time when demanded by the DPW. D. To evaluate the need for additional flood protection improvements, the applicants shall prepare a more detailed flood study of the Hienaloli Drainage Way bend in the vicinity of the project site meeting with the approval of the DPW prior to submittal of subdivision plans. -5- E. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a single family dwelling and its related improvements within areas designated as a "100-yeaz flood plain" by the Department of Public Works or designated "AE" by Flood Insurance Rate Maps (FIRM), whichever is deemed more appropriate by the Depaztment of Public Works. This restriction maybe removed by amendment of this ordinance by the County Council. 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. F. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. G. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting with the approval of DPW. H. Underground Injection Systems, which receive wastewater or storm runoff from the proposed development, need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." I. The applicants shall comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. -6- J. 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. K. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction maybe removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. 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. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicants 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. M. The applicants shall comply with all other applicable laws, rules, regulations and requirements of the affected agencies, including those of the Department of Health, Fire Department, Public Works and Department of Water Supply. N. The applicants shall submit an Archaeological Mitigation Plan for Lot 4 (8.971- acres) and Lot 5 (6.063-acres) for the review and approval of the Planning Director, in consultation with the Department of Land and Natural Resources- Historic Preservation Division (SHPD), prior to the submittal of plans for -7- subdivision review and/or any land alteration activities within the project site. All archaeological mitigation measures that are required by the approved Archaeological Mitigation Plan shall be fully implemented by the applicants prior to the submittal of plans for subdivision review and/or any land alteration activities within the project site. O. Should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the affected azea shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. P. The applicants 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 maybe 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 applicants 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 applicants' request be credited towards any of the applicants' future developments that require infrastructural impact contributions. Q. Should the Hawaii County 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. R. 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 applicants, 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 tune 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). -9- 5. If the applicants require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. S. 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: - r ~ c ~~1`2 sty ~ (v ,C , COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: F.Ei=ERENCE: Comm. 96 -10- N A-~ A-fa A-sa A-7a V W I? A-5a S A-7a A A-5a N PARCEL"B" AGRICULTURAL (A-5a) TO SINGLE-FAMILY RESIDENTIAL (RS-20) 5 A-~ RS"1- AREA = 1.049 Pores as ~ 5 PARCEL "A" AGRICULTURAL (A-Sa) TO SINGLE-FAMILY RESIDENTIAL (RS-20) AREA = 8.971 Peres A-sa 7, 519.62 N A 5a •kv-~ELO°o ~ y 7, 869.83 N Z A-Sa "K,4HEL0"p avQoFF~Y Asa A~ A~ KONPDR~E,'' ~ASa ASa Rszo LONP A-'Sa R&i G A-1a RS15 ~ G i RS75 O Asa 9Qy aSaL ~ ANI Y.NIt'~AORI RS 15 ~o 9 i' G A 5a RS75 RS95 A,Sa RSi A•Sa RS 15 RN14 C y~ RS75 cv zo y~ R575 RM-4 A-~ RA-.5a A-tor A-sa 0 1000 20(10 3000 4000 5000 Feet AMENDMENT TO THE ZONI NG CODE 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-5a) TO SINGLE-FAMILY RESIDENTIAL (RS-20) AT HIENALOLI 2nd, 3rd & 4th, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :7-5-010:Por. 052 and 065 NOVEMBER 8, 2002 EXHIBIT "A" (WELTON:1076)