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Home My WebLink AboutBIL 042 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 42 ORDINANCF, 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-15) AT KALAOA 4T", NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-10:29. 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 Hawai `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 Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 47-B-1 of this subdivision, the Southeasterly corner of Road Parcel and being a point on the Southerly side of the Alanui Kauhini (Government Road), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 6,082.67 feet South and 13,689.08 feet West and running by azimuths measured clockwise from True South: 1. 268° 59' 16.34 feet along the Southerly side of the Alanui Kauhini (Government Road) to a point; 2. 272° 46' 30" 408.01 feet along the Southerly side of the Alanui Kauhini (Government Road) to a point; 3. 0° 28' 30" 1.73 feet along Lot 6-A and along Grant 1608 to Kekeleaukai to a point; 4. 357° 2T 30" 116.80 feet along Lot 6-A and along Grant 1608 to Kekeleaukai to a spike; -1- 5. 358° 02' 30" 181.23 feet along Lot 6-A and along Grant 1608 to Kekeleaukai to a spike (Found); 6. 357° 5T 30" 75.34 feet along Lot B-4 and along Grant 1607 to Nawahie to a'/a inch pipe (Found); 7. 0° 41' 116.32 feet along Lot B-4 and along Grant 1607 to Nawahie to a P.K. nail (Found); 8. 359° 4T 192.16 feet along Lot 4 and along Grant 1607 to Nawahie to a nail (Found); 9. 106° 39' 123.80 feet along Lot 214 of Kona Palisade, Unit I (File Plan 1061), along Grant 2972 to Kaapau and Kama and along the Northerly end of Ahiahi Street to a point; 10. 103° 29' 409.00 feet along the Northerly end of Ahiahi Street, along Lot 213 of Kona Palisade, Unit I (File Plan 1061), along Lots 107, 106, 105 and 104 of Kona Palisade, Unit II (File Plan 1087) and along Grant 2972 to Kaapau and Kama to a spike (Found); 11. 93° 08' 454.14 feet along Lots 103, 102, 101, 100, 97 and 96 of Kona Palisade, Unit II (File Plan 1087) and along Grant 2972 to Kaapau and Kama to a point; Thence, for the next three (3) courses following along Lot 47-B-1 of this subdivision and along the remainders of Lot 47-B and Grant 3750 to Kahananui: 12. 241 ° 25' 30" 643.14 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: 13. ] 67° OS' 45" 162.07 feet to a point; 14. 182° 46' 81.61 feeC to the point of beginning and containing an area of 8.2560 Acres. -2- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) 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 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. 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. D. Roadway and access to all lots within the proposed subdivision shall meet with the approval of the Department of Public Works. -3- E. The extension of Ahiahi Street through the project site and extending to its common boundary with TMK: 7-3-10: 36, Lot 47-B-I shall be constructed to County dedicabee standazds and dedicated to the County of Hawaii prior to or in conjunction with the issuance of Final Subdivision Approval. The costs associated with the extension of that portion of Ahiahi Street beyond the minimum length necessary to provide access to all of the proposed subdivided lots shall be credited to the applicant's fair share contribution as provided for in Condition L of this ordinance. The applicant shall consult with the Depaztment of Public Works regarding additional roadway connections to adjoining parcels, if necessary, prior to the submittal of plans for subdivision review. F. 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. G. Restrictive covenants in the deeds of all the proposed lots within the subject property less than 30,000 square feet in size 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 may be 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. -4- H. All proposed single family dwellings within the proposed subdivision shall be provided with separate water service from the Department of Water Supply. I. The applicant shall prepaze an archaeological inventory survey and data recovery/mitigation plan for the review and approval of the Planning Director, in consultation with the Department of Land and Natural Resources-State Historic Preservation Division (SHPD), prior to the submittal of plans for subdivision review and/or any land alteration activities within the project site. All archaeological mitigation measures that aze required by the approved data recovery/mitigation plan shall be fully implemented by the applicant prior to the submittal of plans for subdivision review and/or any land alteration activities within the project site. J. 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. K. 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. L. 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, -5- 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 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. M. 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. 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. -6- O. An initial extension of time for the performance of conditions within the ordinance maybe 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 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. 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. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: [~tfERENCE Comm: _ 98 -8- >v w E A-Sa A sa s Asa A-sa A-sa Ah t d A-sa ~ f ' L Asa ~ A.Sz ' Ahikawa St m 6,'OB2,67S 1 W A-sa Asa "NIOANUTAHEA'p A-sa A-sa A-3a A-Sa AGRICULTURAL (A-5~) TO n-sa i ~ SINGLE-FAMILY RESIDENTIAL (RS-15) Atia AaEa, = e.zsoonnes A-sa n sa Melo melo St ~5 ~ ~ I'fl I (IS C A-sa Kai, v~ ras-io Ka ~minani Dr min ~ ani p ~ r A-sa ~ C A-sa A~5a Awakea St A-ia ~ 0 o I a A-sa C o 2 A-sa n-sa Hi!olani St A- ~ A"' a A-ia Asa A-'ra A-la A-la A-la A-la 0 gOp 1600 7AW 3200 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) TOSINGLE-FAMILY RESIDENTIAL (RS-15) AT KALAOA 4th, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :7-3-010:029 NOVEMBER 21, 2002 DCHIBIT "A.. (YOUNG:1081)