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Home My WebLink AboutBIL 040 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 40 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-la) AT WAIPUNAULA, SOUTH KONA, HAWAI`l, COVERED BY TAX MAP KEY 8-2-3:31. BE IT OKDAINED BY THE COtR~ICIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-4, 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 Waipunaula, South Kona, Hawaii, shall be Residential and Agricultural (RA-la): Beginning at the Southernmost corner of this parcel of land, being also the Easternmost corner of Lot 8, the Northermost corner of Lot 9 and the Westernmost corner of Lot 6 of Captain Cook Estates Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "LAE O KANONI" being 18,778.66 feet North and 3.072.65 feet East and running by azimuths measured clockwise from Truc South: 1. 97° 33' 40" 199.63 feet along Lot 8 of Captain Cook Estates Subdivision and along the remainder of Grant 867 to Prest Cummings to a point; 2. 208° 33' 30" 354.30 feet along the remainder of Grant 867 to Prest Cummings to a point; 3. 230° 00' 700.20 feet along the remainder of Grant 867 to Prest Cummings to a % inch pipe (set); -1- 4. 310° 59' l 5" l 15.65 feet along Lot 5-A of this subdivision, along the remainder of Grant 867 to Prest Cummings to a inch pipe (set); 5. 220° 59' 15" 152.41 feet along Lot 5-A of this subdivision, along the remainder of Grant 867 to Prest Cummings to a % inch pipe (set); Thence, following along Lot 5-A of this subdivision, along the remainder of Grant 867 to Prest Cummings on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 6. 173° 50' 07.5" 29.33 feet to a '/z inch pipe (set); 7. 306° 41' 71.70 feet along existing Roadway Easement and Lot 1 of Captain Cook Estates Subdivision and along the remainder of Grant 867 to Prest Cummings to a point; 8. 40° 59' l S' 1,016.76 feet along Lot 6 of Captain Cook Estates Subdivision and along the remainder of Grant 867 to Prest Cummings to a point; 9. 61 ° 0T 14" 94.31 feet along Lot 6 of Captain Cook Estates Subdivision and along the remainder of Grant 867 to Prest Cummings to the point of beginning and containing an area of 5.263 Acres. 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 may be 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: -2- (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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. C. The current Condominium Property Regime (CPR) shall be dissolved upon securing Final Subdivision Approval for the proposed two lots. D. The proposed 3.703-acre lot shall not be further subdivided into more than two resulting lots. F. 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 CPRs 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. -3- F. No water variance shall be sought or granted to allow the future subdivision of lots not served by a Cow~ty-approved water system. G. Access to the subject property from the roadway easement shall meet with the requirements of the Department of Public Works. H. 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- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. I. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies. J. The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject proiect with respect to roads. narks and recreation. fire. police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplyine the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot. and shall become due and payable prior to final subdivision approval for anv portion of the subject property. or its increments If the subiect p~gperty is subdivided in two or more increments_ the amount of the fair share contribution due and dyable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment The fair share contribution in a form of cash land facilities or any combination thereof acceptable to the director in consultation with the affected agencies shall be determined by the -4- ounty Council. The fair hare contrib ti m shall hav a mavim~~p7 rnmhinaA value of $7,876.20 etl rsingle-family residential unit Ba ed upon h applicant's representation of intent to develop un to one {ll residential units the indicated total of fair share contribution is $7 876 20 for single-famih residential units However_ the total amount hall be increased nr reduced proportion with the actual number of units according to the cale~~lation and p~~provisions set forth in this Conditi n J The fair char contrib lion shall be allocated as follows• 1 $3 798 04 per single-family residential unit for an indicated total of $3 748 04 to the Coun4v to support nark and recreational improvements and facilities: 2 $183 22 per single-famih residential unit for an indicated total of $183.22 to the County to support police facilities: 3. $361.88 ep C S117g1e-family residential unit for an indicated total of $361.88 to the County to support fire facilities: 4. $158 43 per single-fami y residential unit for an indicated total of $158.43 to [he County to s~poort solid waste facili[ies~ and 5 $3.374.63 en rsingle-famih residential unit for an indicated total of $x,374.63 to the State or Cou~i y to support road and traffic improvements. The fair bare contributions described above shall be adjusted annually beginni three Years after the effective date of the change of zone based on the ~rcentage change in the Honolulu Consumer Price Index (HCPII In lieu of plying the fair share contribution the applicant may construct and contribute improvementslf~cilities related to parks and recreation fire police solid waste disposal facilities and roads within the region im acted by the proposed development subject to the approval of the director For purposes f administering ('ondition J the fair market value of land contributed or the cost -5- of anv improvements rgQuirPrt or made in lieu of the fair char ontrib tion shall be snbiect to review and approval of rhP rt,ra~rnr ~ non c the apps riate agenCleS Upon aonroval of the fair share contributions or in lieu contributions by the director the director shall submit a final r port to the Cormcil for its information that identities the specific ap~ved fair share and/or in Lieu contributions as allocated. and further implementation requirements [J]K. 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. [K]L 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, 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 time extension granted shall be for a period not to exceed the period -6- 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. [L]M. Should any of the conditions not be met or substantially comp]ied 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. Phis ordinance shall take effect upon its approval. INTRODUCED BY: COIrNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of l st Reading: Date of 2nd Reading: Effective Date: i:EFLREI~iCc: %omm. a~ i -7- N CN-]5 CV-70 RS-10 RS-Z5 RS-ZS W k% RS-75 cn~-~s ~q,~ cv-1o OQ~ Aaa Q. ~y~qN/Gy Aoa ~pP Rs-~ s crd i s ~'qy RS-10 A-5a llV-Z5 CN-~5 A-ia A-ia CN 75 lrla AGRICULTURAL (A-5a) TO R°.'a RESIDENTIAL AGRICULTURAL (RA-1a) A-ia AREA = 5263 Peres RS-75 A-ia '9 sz asa ~ RS-~5 PV ,Q RS-7 P~0 A-ia A-~ 18, 778.66 N '1AE O KANIXVI "Q A-5a Afa A-5a ~pWF R~ O~FRN~FNT MAIN ROAD A 5a A-ia A-5a A-5a o soo lsao aaoo Eeet AMENDMENT TO THE ZONI NG CODE AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MP,P) ARTICLE 8, CHP,PTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A 5a) TO RESIDENTIAL AGRICULTURAL (RA 1a) AT WAIPUNAULA, SOUTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK :8-2-003:031 OCTOBER 17, 2002 EXIiIBIT "A" (DECKER:1077)