HomeMy WebLinkAboutORD 2003-040 2002-2004 ~ r~ ~ i
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COUNTY OF HAW , t"~ STATE OF HAWAII
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°"'TM,-~- BILL NO. 42
(Draft 4)
ORDINANCE NO. 03 40
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 4"', 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 Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following azea situated at Kalaoa 4'", North Kona,
Hawaii, shall be Single Family Residential (RS-15):
Beginning at the Northwesterly comer of this pazcel of land, being also the
Northeasterly corner of Lot 47-B-1 of this subdivision, the Southeasterly corner of Road
Pazcel 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" 408.0] 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° 27' 30" 116.80 feet along Lot 6-A and along Grant 1608 to
Kekeleaukai to a spike;
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5. 358° 02' 30" 181.23 feet along Lot 6-A and along Grant 1608 to
Kekeleaukai to a spike (Found);
6. 357° 57' 30" 75.34 feet along Lot B-4 and along Grant 1607 to
Nawahie to 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° 47' 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. 167° OS' 45" 162.07 feet to a point;
14. 182° 46' 81.61 feet to the point of beginning and containing
an azea of 8.2560 Acres.
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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 welfaze; 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.
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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-1 shall be constructed to
County dedicable standards and dedicated to the County of Hawaii prior to or in
conjunction with the issuance of Final Subdivision Approval. Further, the
applicant shall consult with the owner(s) of TMK: 7-3-10:36, Lot 47-B-1 and
shall make its best effort to facilitate the construction of a County dedicable
standard road beyond the end of the Ahiahi Street extension described above to
Kauhale Street in conjunction with the subdivision of the subject property. A
report of this effort shall be submitted to the Planning Director prior to receipt of
Final Subdivision Approval.
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 shall give notice that the terms of the zoning ordinance prohibit: (1)
condominium property regimes; and (2) for any lot less than 30,000 square feet
within the subject property, construction of a second dwelling. 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 filed with the Planning Department upon its receipt from the Bureau of
Conveyances.
H. All proposed single family dwellings within the proposed subdivision shall be
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provided with separate water service from the Department of Water Supply.
I. The applicant shall prepare 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 are 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 azchaeological 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 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
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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
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 lot/unit. Based upon the applicant's representation of intent to
develop up to six (6) residential units/lots, the indicated total of fair share
contribution is $47,257.20 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 L. The fair share contribution shall be allocated as follows:
1. $3,798.04 per single-family residential unit for an indicated total of
$22,788.24 to the County to support park and recreational improvements
and facilities;
2. $183.22 per single-family residential unit for an indicated total of
$1,099.32 to the County to support police facilities;
3. $361.88 per single-family residential unit for an indicated total of
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$2,171.28 to the County to support fire facilities;
4. $158.43 per single-family residential unit for an indicated total of
$950.58 to the County to support solid waste facilities; and
5. $3,374.63 per single-family residential unit for an indicated total of
$20,247.78 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
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 D and E shall be credited
against the sum specified in Condition L (5) for road and traffic improvements.
For purposes of administering Condition L, 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.
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.
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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.
O. An initial extension of time for the performance of conditions within the
ordinance may begranted 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 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.
P. Should any of the conditions not be met or substantially complied with in a timely
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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 declazed invalid, such
invalidity shall not affect the other pazts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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~O CIL MEMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction: February 5, 2003
Date oflstReading: February 5, 2003
Date of 2nd Reading: February 20, 2003
Effective Date: March 6, 2003
REFERENCE: Comm. 98.3
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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 (Pr5a) TO SINGLE-FAMILY RESIDENTIAL (RS-15)
AT KALAOA 4th, NORTH KONA, HAWAI I
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAI I
TMK :7-3-010:029 NOVEMBER 21, 2002
DCHIBIT "A" (YOUNG:1081)
OFFICE OF THE COUhITY CLERK
County of Hawaii
xilo ,Hawaii
(DRAFT 9) -
ROLL CALL VOTE
Introduced By: Bobby Jean Leithead-Todd ' ,~S(j, ; N S S 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
7 1 1 0
Second Reading: February 20, 2003 ROLL CALL VOTE
To Mayor: February 28, 2003 AYES NOES ABS EX
Returned: March 6, 2003
Arakaki X
Effective: March 6, 2003 Chung X
Published: March 20. 2003 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
FORM AND LEGALITY:
/J~~~~~~/J „ UNCIL CHA/RMAN
DEP~I
Y-///CORPORATION~COUNSEL
COUNTY OF HAWAII
Date Yh-GZ.~ 2d0~ UNTYCLERK
42 (Draft 4)
Bill No.:
G wl, d Reference: C-98.3/PC-19
Approv Disapproved this ay
Ord No.:
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YOR, NTY OF HAWAII