HomeMy WebLinkAboutORD 2003-037 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. ~g
(Draft 4)
ORDINANCE NO. 37
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 4T", 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 1. 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 2nd, 3`d, 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 Hawai`i), 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 I-B as shown on CSF
16687 (Government Land, State of Hawai`i):
1. 259° 10' 11 " 87.25 feet to a point;
2. 246° 00' 11" 150.00 feet to a point;
3. 238° 30' 11" 280.00 feet to a point;
-1-
4. 255° 20' l 1 " 176.00 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 band 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° 1 T 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 3l, 33 (Roadway) and 32 of
Kealoha, Increment 2 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
-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° 27' 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;
l9. 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' 31" 135.67 feet along Lots 129, 130 and 134 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;
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:
(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:
(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 a cul-de-sac within 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
requested 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-year flood plain" by the Department of Public Works or
designated "AE" by Flood Insurance Rate Maps (FIRM), whichever is deemed
more appropriate by the Department of Public Works. This restriction may be
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 tiled
with the Planning Department upon its receipt from the Bureau of Conveyances.
P. 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
permitfor 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 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.
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 area 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 applicant shall make its 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/lots without a dwelling and/or valid residential building permit
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 increment. Further, any additional dwelling(s) on a
subdivided lot within the subject site shall be subject to the appropriate fair
share contribution and shall be due and payable to the Planning Department.
The payment receipt shall be submitted to and acknowledged by the Planning
-8-
Department and the Building Division prior to the issuance of a building
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 unit/lot. Based upon the_applicant's representation of intent to
develop up to seventeen (17) residential units/lots, the indicated total of fair
share contribution is $133,895.40 for single-family residential units. However,
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 P. The fair share contribution_shall be allocated as follows:
1. $3,798.04 per single-family residential unit for an indicated total of
$64,566.68 to the County to support park and recreational improvements
and facilities;
2. $183.22 per single-family residential unit for an indicated total of
$3,114.74 to the County to support police facilities;
3. $361.88 per single-family residential unit for an indicated total of
$6,151.96 to the County to support fire facilities;
4. $158.43 per single-family residential unit for an indicated total of
$2,693.31 to the County to support solid waste facilities; and
5. $3,374.63 per single-family residential unit for an indicated total of
$57.368.71 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 Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation, fire, police, solid waste
-9-
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the improvements required in Conditions C and R shall be credited
against the sum specified in Condition P (5) for road and traffic improvements.
For purposes of administering Condition P, 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 identifies the specific approved Fair share and/or in lieu contributions, as
allocated, and further implementation requirements.
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. The applicant shall provide afour-way stop condition at the Nani Kailua/Kakalina
Street intersection under the guidance of a licensed engineer within 90 days from
the effective date of this ordinance. The impact of this improvement shall be
evaluated by a licensed engineer in consultation with the Kona Traffic Safety
Committee and the Department of Public Works for asix-month period. At that
time the licensed engineer will report to the Council to determine if the
improvement will remain. Should the study find that the 4-way stop is not
warranted, the applicant shall restore the intersection to its original condition.
S. An initial extension of time for the performance of conditions within the
-10-
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 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 applicants require an additional extension of time, the Planning
Director shall submit the applicants' request to the County Council for
appropriate action.
T. 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.
-11-
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:
~ _
~
CO~i3NCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction: February 5, 2003
Date of 1st Reading: February 5, 2003
Date of 2nd Reading: February 20, 2003
Effective Date: March 6, 2003
~~-~_~'~`:~E: Comm. 96.20
-12-
N
A-5a A=fa U
W E
5\ A-sa
A4a
p: A'.Sa i
PARCEL"B"
~ AGRICULTURAL (A-5a) TO
SINGLE-FAMILY RESIDENTIAL (RS-20)
~ ase
s
p~'1 AREA = 1.049 Acres
BS`' S PARCEL "A"
AGRICULTURAL (A-5a) TO
SINGLE-FAMILY RESIDENTIAL (RS-20)
A-5a
AREA = 8.977 Peres
FFSa
7, 519.62 N
4f A-5a
'KAHELO"p A-~
s
7, 8ti9.83 N 2 A_sa
41 2 E ~ ~ - ~
Q~F - - - "KAHELO p fe 1 - ~ A 5a
crv-zo F 1 ~ ~ ~ -
N A-Sa ~ R\ ~ ~ T
A-~ QNa~ ~ -
K _ ~ spas Z
A-Sa RS20 ?~SS79, i 1 - ~~Q~~ L A ~1 ~ l ~ ~ ~ A-1a
1 1 1 f I i ~ G
~R~fq I ICI I 1, ~ \ ~ O
~ j` RN ~ 'i
i ~
092Gz` i I
i
- f~° RS9 I R~1S ~ ~ RStS
l'
I'
~ ~ ~ ~ R&1e ~ I ~ ~i
~ ~ ~I_ i
RM-0 ti ~ ~ r ~`,I i, ~ I 'E
c _ I t I ~L
I
IClJ-20, 9- i i~~ ~ I i I
L RS,1S i
\ RM1M ASa
A la ASa
0 1000 2000 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, HAWAI I
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAI I
TMK :7-5-010:Por. 052 and 065 NOVEMBER 8, 2002
EXHIBIT "A" (WELTON:1076)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
(DRAFT 3)
ROLL CALL VOTE
Introduced By: Bobby Jean Leithead-Todd .AYES NOES. ,AB$, EX
Date Introduced: February 5, 2003 Arakaki X
First Reading: February 5, 2003 Chung X
Published: February 16, 2003 Elarionoff X=
Holschuh X
REMARKS: Jacobson X
Leithead-Todd X
Reynolds X
Safarik X
Tyler X
8 0 1 0
(DRAFT 9)
Second Reading: February 20, 2003 ROLL CALL VOTE
To Mayor: February 28, 2003 AYES NOES ABS EX
Returned: nna,-ch 6, 2003 Arakaki X
Effective: March 6, 2003 Chung X
Published: March 20, 2004 Elarionoff X
Holschuh X
REMARKS: Jacobson X
Leithead-Todd X
Reynolds X
Safarik X
Tyler X
7 0 2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO N~
FORM AND LEGALITY:
~ ~ OUNCMAN
DE~PI
-Y CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date /i1lt,%r~ ~ 1t'o.l
BiIINo.: 39 (Draft 9)
,,.t C-96.20/PC-16
rove i.sapproved this ` day Reference:
Ord No.: ~
,~v~^,~ ,2003
MAY^
Olp! ~OUNTYOF HAWAII