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Home My WebLink AboutBIL 147 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO• 147 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-3a) TO FAMILY AGRICULTURAL (FA-la) AT KOHANAIKI, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-7:27 & 50. BE IT ORDA[NED 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 Kohanaiki, North Kona, Hawaii shall be Family Agricultural (FA-1 a): Beginning at the Southeasterly corner of this parcel of land, being also the Northeasterly corner of a portion of Grant 2030 to Kaiakoili and being a point on the Westerly side of Hawaii Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 1 1,786.73 feet South and 8,041.74 feet West and running by azimuths measured clockwise from True South: Thence, for the next nineteen (19) courses, following along middle of stonewall and along the remainder of Grant 2030 to Kaiakoili the direct azimuths and distances being: 82" 55' 15" 273.09 feet to a pipe; 2. 23" 39' S.0] feet to a pipe; 3. 88" 15' 209.06 feet to a pipe; 4. 164" 57' 12.67 feet to a pipe; -1- 5. 80° 30' 30" 122.04 feet to a pipe; 6. ] 14" 58' 12.88 feet to a pipe; 7. 82" 51' 30" 262.48 feet to a pipe; 8. 87° 22' 64.88 feet to a pipe; 9. 63" 42' 4996 feet to a pipe; 10. 81" 19' 30" ] 06.16 feet to a on rock; 11. 163" 50' 30" 98.72 feet to a pipe; 12. 72" 56' 360.43 fcet to a on rock; 13. 81 ° 23' 30" 89.99 feet to a pipe; 14. 65° 2T 104.23 feet to a on rock; 15. 72° 1 T 30" 74.17 feet to a pipe; Thence, for the next four (4) courses following along stonewall and along the remainder of Grant 2030 Kaiakoili the direct azimuths and distance being: 16. 338" 04' 138.97 feet to a pipe; 17. 343" 39' 69.43 feet to a spike; ] 8. 335° 31' 74.21 feet to a pipe; 19. 340" Ol' 97.84 feet to a on rock; Thence, for the next three (3) courses following along the Northerly side of Homestead Road: 20. 80" 1 T 30" 96.98 Ceet to a on rock; 21. 76" l 1' 61.55 feet to a spike in concrete; 22. 70° 32' 348.78 feet to a pipe; -2- Thence, for the next three (3) courses following along the Easterly side of Homestead Road: 23. 150" 00' 36.02 feet to a on rock; 24. 157° 4l' 93.00 feet to a spike in concrete; 25. 154° 35' 88.61 feet to a spike in concrete; 26. 156" 49' 30" 246.15 feet along the Easterly side of Homestead Road and along the remainder of Grant 2030 to Kaiakoili to a on rock; 27. 143" 36' 30" 78.70 feet along the remainder of Grant 2030 to Kaiakoili to apipe; 28. 79" 33' 30" 248.87 feet along the remainder of Grant 2030 to Kaiakoili to a pipe; Thence, for the next six (6) courses following along the Easterly side of stonewall and along the Easterly side of Kohanaiki Road: 29. 153" 5T 340.42 feet to a pipe; 30. 160° 32' 30" 223.40 feet to a on rock; 31. 157° 03' 87.93 feet to a pipe; 32. 171 ° 1 T 43.21 feet to a pipe; 33. 160° 33' 87.16 feet to a pipe; 34. 139" 32' 54.10 feet to a on rock; Thence, for the next nineteen (19) courses following along middle of stonewall and along Grant 2027 to Kameheu: Thence, for the next five (5) courses following along Lot 37 of Kona Hills Estates Subdivision, Unit ] (File Plan 1695): 35. 267" 54' 30" 147.33 feet to a pipe; 3fi. 263" 51' 234.20 feet to a pipe; -3- 37. 252" 32' 336.32 feet to a pipe; 38. 260" 13' 30" ] 41.64 feet to a pipe; 39. 257" 3T 241.10 feet to a pipe; 40. 257" 02' 30" 330.45 feet along Lots 37 and 15 of Kona Hills Estates Subdivision, Unit I (File Plan 1695) to a pipe; 41. 278" 56' 242.49 feet along Lot 15 and the Southerly end of Roadway Lot A of Kona Hills Estates Subdivision, Unit [ (File Plan 1695) to a PiPe~ 42. 276" 02' 30" 82.66 feet along the Southerly end of Roadway Lot A and Lot 14 of Kona Hills Estates Subdivision, Unit [ (File Plan 1695) to a on rock; Thence, for the next lour (4) courses following along Lot 14 of Kona Hills Estates Subdivision, Unit I (File Plan 1695): 43. 264" 30' 47.27 feet to a pipe; 44. 285" 22' 71.20 feet to a pipe; 45. 265° 09' 68.76 feet to a pipe; 46. 255" 35' 46.11 feet to a pipe; 47. 271° 56' 30" 136.68 feet along Lots 14 and 5 ofKona Hills Estates Subdivision, Unit [ (File Plan 1695) to a pipe; Thence, for the next six (6) courses following along Lot 5 of Kona Hills Estates Subdivision, Unit I (File Plan 1695); 48. 283" 1T 59.43 feet to a pipe; 49. 274" 44' 86.39 feet to a pipe; -4- 50. 272° 50' 30" 123.27 feet to a pipe; 51. 281 ° 19' 72.47 feet to a pipe; 52. 273° 25' 66.67 feet to a pipe; 53. 266° 3T 8936 feet to a on rock; 54. 348" 36' 30" 462.07 feet along Lots 4, 3, 2 and 1 and along the remainder of Grant 2030 to Kaiakoili to a pipe; 55. 271" 20' 211.20 feet along L,ot 1 and along the remainder of Grant 2030 to Kaiakoili to a point; Thence, for the next three (3) courses following along the Westerly side of Hawaii Belt Road (F.A.P. No. F10 (5)): 56. 357° 59' 34" 107.01 feet to a point; 57. 88° 48' 14" 10.00 feet to a point; Thence, following on a curve to the right with a radius of 3,769.72 feet, the chord azimuth and distance being: 58. 359" 43' 03" 120.22 feet to the point of beginning and containing an area of 53.163 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 he 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 -5- (B) Fulfilhnent of the need for public service demands created by the proposed use. A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), its successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. D. Lots within the proposed subdivision shall not exceed the number of units of water which are available and have been committed to the subject property by the Department of Water Supply. Any further development shall occur only when sufficient County water becomes available by construction of on- and off-site water system improvements. All water system improvements shall meet with the requirements of the Department of Water Supply prior to the issuance of Final Subdivision Approval. 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 condominium property regimes on each lot. This restriction maybe removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final -6- Subdivision Approval. A copy of the recorded document shall be filed with the Planning Dcpartment upon its receipt from the Bureau of Conveyances. F. The applicant(s), its successors or assigns shall improve the intersection at the State Highway 190 (Mamalahoa Highway) and the proposed subdivision road in accordance with the requirements of the Department of Public Works and the State Department of Transportation prior to receipt of Final Subdivision Approval. 'phis may include, but not be limited to, a left-hand turn lane, a dedicated right tum lane from the subdivision road to southbound Mamalahoa Highway and a refuge lane with an additional 10-foot future road widening setback along the length of Mamalahoa Highway. Applicant shall prepare a Traffic Impact Analysis Report (TZAR). G. All connector roadways within the proposed subdivision shall be constructed to County dedicabee standards and dedicated to the County upon request at no cost to the County. The subdivision roads shall have at least one connection to the north to the adjoining properties and at least one connection to the south that will allow access from properties on that side meeting with the approval of the Department of Public Works. The east-west (mauka-makai) road within the subdivision shall connect to Kohanaiki Homestead Road and to Mamalaohoa Highway. The roads shall be constructed in the manner specified by the Department of Public Works. H. The applicant shall provide a 20-foot wide future road widening setback easement along the length of the property fronting Kohanaiki Homestead Road. 1. Install streetlights, signs, and markings meeting with the approval of the Department of Public Works, Traffic Division. -7- 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- 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. K. A drainage study of the subject property, if required, shall be prepared by the applicant and submitted to the Department of Public Works for review and approval, prior to the submittal ofplans for Plan Approval review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. 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, 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 may he increased or reduced proportionally if the lot counts are adjusted. The fair sh<~re 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 but It 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 may be 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 contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed -g- 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 intrastructural impact contributions. M. The applicant(s) shall comply with all applicable laws, rules, regulations and requirements of affected agencies. N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being complied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. O. 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 he credited towards the requirements of the Unified Impact Fees Ordinance. P. 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(s), its successors or assigns, and that are not the result of their fault or negligence. -9- 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 oue year may be extended for up to one additional year), 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning 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. INT~ODUCE . B'1~ . ~ ~ C UNCI MEMBER, OUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ftEFERFJ~ Conan. __..342., _ -10- A-Sa m ~ A-20a F. Sa ~ N ~ y Q N A Sa O p1 A-3a A-3a A _~a = w ~ AGRICULTURAL (A-3aj TO A- ~ ' Kinoulu St. FAMILY AGRICULTURAL FA•1a n-' a A-Sa A Sa A ~z A-3a AREA = 53.163 ACRES A-',a pkinaPt• o oa c+ o~ A-2oa n sa Ha~`o St. - Namo St. o 3 m7 in a A- i a p1 t ~ d o, / Y Hane St. a a A- i a A-s., i ~i~ ~n A-2oa A-3a ~ 11,786.73S ~ ~ 8 041.74 W "MOANUTAH FS- 15 A-3a A-I a A-ca A-da a n-ia a A-Sa A-3a KS-iO o A-3a ~ A-20a r o+ n-~~ o ~ A-sa w. 3a o m y c d ~ I a v m ,o ~ d~ N~ A-3a - O A A-la e0 ~ 7. G V A.3e Q 6Y i d m ~0, m v dp 6 <o = y O m ~ N o y~ A-3a Q A-la o - A la ~ ~ ~ RS I O 1 5 v ~ A 3 A,3a E R` 1 5 Z v A-3a A-3a ~ ~ A-3a i,zso szs o i.zso zsoo a.rso Feed AMENDMENT TO THE ZONING 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-3a) TO FAMILY AGRICULTURAL (FA-1a) AT KOHANAIKI, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK. 7-3-007:D27 & 050 Date: June 16, 2003 EXHIBIT "A" (Hualalai Vistas, LLC:1102)