HomeMy WebLinkAboutBIL 040 Draft 03 2002-2004 COLJN'I'~~ O~ A~a``~ ~`I'A~`~ O~ I~iAAI`I
SILL NO. 40
(Draft 3 )
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,
HAWAII, COVERED BY TAX MAP KEY 8-2-3:31.
BE IT ORDAINED BY THE COUNCIL 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, Hawai `i, shall be Residential and Agricultural (RA- l a):
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 True 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 Chant 867 to
Prest Cummings to a point;
3. 230° 00' 700.20 feet along the remainder of Grant 867 to
Prest Cummings to a '/z inch pipe (set);
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4. 310° 59' 15" 115.65 feet along Lot 5-A of this subdivision, along
the remainder of Grant 867 to Prest
Cummings to a '/2 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 '/z 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' 15" 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 ° 07' 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:
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(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 f ve
(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.
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 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.
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F. No water variance shall be sought or granted to allow the future subdivision of
lots not served by aCounty-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.
L The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
J. The applicant shall make it~s fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks 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 multiplying the number of
residential units/lotswithc t welli~c~g~~dld or va1~~~
'teal buil,~j~__~nermit
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
any portion of the subject property or its increments. If the subject property is
subdivided in two or more increments, the amount of the fair share contribution
due and payable 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 in~^rement. ~lirther. an_~~s~d~n~_~wjn~ n
sub ivi ed to ~v'. ~:zi~th.~,~b~,~ct si e s]~~~~ be subiect to~~~ ~.pp~o~ri
t~~
f~.
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share contribution and shhall be due a~d~~able to the Plannir~~aztmez~t.~
T e a mewl. rec~.ipt
s~i~I,Lbe submitted to aid acknc~~vled~ed by
the Building
I~ivi~.ion prior to the. issuance of a b~~g permit. 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
County Council. The fair share contribution shall have a maximum combined
value of $7,876.20 per single-family residential unitLl~t. Based upon the
applicant's representation of intent to develop up to one (1) residential [units]
.nit/lot, the indicated total of fair share contribution is $7,876.20 for single-
family residential units. Ilowever, the total amount shall be increased or
reduced in proportion with the actual number of units according to the
calculation and payment provisions set forth in this Condition J. The fair share
contribution shall be allocated as follows:
1. $3,798.04 per single-family residential unit for an indicated total of
$3,798.04 to the County to support park and recreational improvements
and facilities;
2. $183.22 per single-family residential unit for an indicated total of
$183.22 to the County to support police facilities;
3. $361.88 per single-family residential unit for an indicated total of
$361.88 to the County to support fire facilities;
4. $158.43 per single-family residential unit for an indicated total of
$158.43 to the County to support solid waste facilities; and
5. $3,374.63 per single-family residential unit for an indicated total of
$3,374.63 to the State or County to support road and traffic
improvements .
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Ilonolulu Consumer Price Index (HCPI). In lieu of
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paying the fair share contribution, the applicant may construct and contribute
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 director. For purposes of
administering Condition J, the fair market value of land contributed or the cost
of any improvements required or made in lieu of the fair share contribution
shall be subject to review and approval of the director, upon consultation with
the appropriate agencies.
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 identities the specific approved fair share and/or in lieu contributions, as
allocated, and further implementation requirements.
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 tov~ards the requirements of the Unified Impact Fees
Ordinance.
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.
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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
Council for appropriate action.
M. 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:
i~ ~
COiCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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AGRICULTURAL (A 5~) TO '~-1a
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AMEIVL~ING SECTIOIav 25-4 (SOUTO~ KOI~IA Z08~E MAP) ARTiCL'E €3, CHAPTER 25
(~O€~ING CODE) OF TF~E HAWAII COUI~fTY COCA, C3Y CHANGING THE ®ISTRICT
CLASSIFICATION FROM AGRICULTURAL (A 5a) TO RESIDENTIAL AGRICULTURAL (RPM 1a)
AT WAI PUNAULA, SOUTH KONA, HAWAI I
PREPARED BY: PLANNING CPARTMENT
COUNTY OF HAWAI i
T~VIK :8-2-003:031 OCTOBER 17, 2002