HomeMy WebLinkAboutORD 2003-128 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 130
(Draft 3)
ORDINANCE NO. 03 1Z8
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAI'),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OP THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO
RESIDENTIAL AND AGRICULTURAL (RA-la) A"f KOHANAIKI, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7-3-19:21 & 30.
BE IT ORDAINED 13Y TIIE 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:
fhe district classification of the following arca situated at Kohanaiki, North Kona,
Hawaii shall be Residential and Agricultural (RA-la):
Beginning at the Northeasterly corner of this parcel of land, being also a point on
the Southerly side of Homestead Road, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "MOANUTAHEA" bcing 12,172.29 feet
South and 8,239.64 fcet West and runnning by azimuths measured clockwise from True
South:
I . 356° 30' 505.65 feet along Grant 3735 to Keaweahawaii to a
point;
Thence, for the next three (3) courses following along the Westerly side of Old
Govcrnment Road:
2. 38° 45' 68.00 feet to a point;
3. 3° 45' 51.07 feet to a point;
4. 341° 31' 02" 198.44 feet to a point;
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5. R6° 40' S1" 415.80 feet along I,ot 8-C and along Royal
Patent 8214, Laud Commission
Award 7715, Apana ] 7 to Lota
Kamehameha to a point;
Thence, for the next twenty (20) courses following along Grant 3752, Apana 2 to
George Mao:
6. 178° 16' 06" I 1 1.10 feet along Lot 18 to a point;
7. 177° 48' 1 1" 6535 feet along Lot 16 to a point;
8. 178° 06' 4] " 3139 feet along Lot 16 to a point;
Thence, for the next three (3) courses following along Lot 14:
9. ] 78° 40' 16" 49.54 feet to a point;
10. 188° 48' 06" 25.62 leet to a point;
11. 170° O1' S3" 1031 feet to a point;
Thence, for the next three (3) courses following along Lot 12:
12. 203° 45' S7" 26.55 feet to a point;
13. 168° 55' 22" 52.95 feet to a point;
14. 183° 50' 23" 9.04 feet to a point;
15. 183° 42' 19" 38.25 feet along Lot 10 to a point;
16. L 78° 47' 07" 51.74 feet along Lot 10 to a point;
Chencc, for the next three (3) courses following along Lot 8:
17. 178° 51' 14" 2896 feet to a point;
18. 180° 42' 38" 49.05 feet to a point;
19. ] 83° 2 L' 10" 9.29 feet to a point;
20. 183° 36' 14" 62.06 feet along Lot 6 to a point;
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21. 168° 34' 34" 27.4; feet along L,ot 6 to a point
22. 168° 20' 06" 38.48 feet along Lot 4 to a point;
23. 161° 53' 39" 45.47 feet along Lot 4 to a point
24. 161° 34' 44" 23.87 feet along Lot 2 to a point;
25. 167° 2T 29" 71.A 1 feet along Lot 2 to a point;
~17~ence, for the next five (5) courses following along Northerly face of stonewall
and along the Southerly side of Homestead Road:
26. 258° 15' 36" 49.61 feet toapoint;
7_7. 264° 19' 35" 38.66 feet toapoint;
28. 271 ° 3T 27" 71.15 feet toapoint;
29. 268° 1 T 35" 157.92 tact toapoint
30. 277° 19' 02" 101.36 feet to the point of beginning and containing
an area of 7.315 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 Codc, 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 Isom the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(I3) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant(s), its successors or assigns shall he responsible for
complying with all of the slated conditions of approval.
B. 1'he applicant(s), its successors or assigns shall be responsible fr~r
complying with all requirements of Chapter 205, Hawaii Revised Statutes,
relating to permissible uses within the Stale Land Use Rural District.
C. Final Subdivision Approval of the subject propcrty shall be secured within
five (5) years from the effective date of this ordinance.
D. Restrictive covenants in the deeds of all the proposed lots within the
subject propcrty 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. 'I'bis restriction may be 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 hinal
Subdivision Approval. A copy oPthe recorded document shall be tiled
wide the Planning Department upon its receipt from the Bureau of
Conveyances.
G. ~Che applicant shall make its fair share contribution to mitigate potential
regional impacts of the subjectprojcct with respect to roads. 'fhe amount
of the fair share contribution shall be the sum which is the product of
nuiltiplying the number of residential lots proposed [o be subdivided by
the amounts allocated hercinbelow for each such lot, and shall become due
and payable prior to [final subdivision approval for any portion of the
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subject property or its increments. If the subject properly is subdivided in
two or more increments, the amount of the Fair share contribution due and
payable prior to final subdivision approval oCeach 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, provided that the fair
share contribution to address the potential road impacts shall be in the
form of cash and shall be applied to improving the Kaloko Drive/Hawaii
Belt Road intersection. The fair share contribution shall have a value of
$9,473.1 1 per lot. Based upon the applicant's representation of intent to
subdivide and develop up to two (2) lots, the indicated total fair share
contribution is $18,944.72, however, the total amount shall be increased or
reduced in proportion with the actual number of subdivided lots according
to the calculation and payment provisions set forth in this Condition E._
The fair share contribution shall be allocated as follows:
$9,472.11 per lot for an indicated total of $l 8,94423 to the State or
County to support road and traffic improvements.
The fair share contributions described above shall be adjusted amiually
beginning three years after the effective date of the change of zone, based
on the percentage change in the Honolulu Consumer Price Index (FICPI).
In lieu of paying the fair share contribution, the applicant may construct
and contribute land, improvements/facilities related to parks and
recreation, fire, police, solid waste disposal Cacilities, and roads within the
region impacted by the proposed development, subject to the approval of
the director. Cor purposes of administering Condition E, the fair market
value of land contributed or the cost of any improvements required or
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made in lieu of the fair share contribution shall he subject to the review
and approval of the director, upon consultation with the appropriate
agencies.
F. Ffomestead Road, if used to provide access to more than one lot, shall be
improved from the point of the subdivision access to Highway 190,
meeting with the requirements of the Department of Public Works, prior to
receipt of final subdivision approval.
G. Install streetlights, signs and markings meeting with the approval of the
Department oPPublic Works, Traffic Division.
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 shat
sufficient mitigative measures have been tal<en.
L The applicant(s) shall comply with all applicable laws, rules, regulations
and requirements of affected agencies.
.f. ~1n annual progress report shall be submi[Led to the Plam~ing Director prior
to the anniversary date of enactment of the ordinance. "Che report shall
include, but not be limited to, the status of the development and the extent
to which the conditions of approval arc being complied. This condition
shall remain in effect until all ofthe conditions of approval have been
satisfied ~utd the Planning Director acknowledges that further reports are
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not required.
K. Should the Council adopt a Unified Impact Fees Ordinance setting lorth
criteria for imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited Towards the requirements of
the Unified Lnpact Pees Ordinance.
L. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Plamling Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have
been foreseen or are beyond the conh~ol of the applicant(s), its
successors or assigns, and that are not the result of their fault or
negligence.
2. Granting of the time extension would nut be contrary to the
General Plan or Toning 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 he 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).
If the applicant(s) should require an additional extension of time,
the Planning Director shall submit the applicant(s)' request to the
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County Council for appropriate action.
M. Should any oC 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.
SGC'f10N 3. hi file event that any portion of this ordinance is declared invalid, such
invalidity shall not affect die other parts of this ordinance.
SECTION 4. 'this ordinance shall take effect upon its approval.
I TROD C Y: ~y z,
U CIL MEM R, CO JNTY OF HAWA[`[
Hilo , Hawaii
Data of Introduction: August 20, 2003
Date of 1st Reading: August 20, 2003
llate of 2nd Keading: Septet[ioer 4, 2003
Effective Datc: Seppten~her 16, 2003
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AGRICULTURAL (A•3a) TO 12Jn2.29 S A- I a A-2oa
RESIDENTIAL AND AGRICULTURAL RA-1a1 8239.64 W
AREA'S= 7.315 ACRES A-3a "MbANUTAHEA'~
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540 270 0 540 1,080 1,620 2,160
Feel
AIVIENDIVIENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF TIDE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-3a) TO
RESIDENTIAL AND AGRICULTURAL (RA-1 a)
AT KOHANAIKI, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF I-IAWAII
TMK- 7-3-19:21 & 30 Date: May 13, 2003
EXHIBIT "A" (Clifford Kabumoto: 1099)
OFFICE OF THE CO[1N"1'Y CLFRK
County of Hawaii
Hilo ,Hawaii
ROLL CALL VOTE
Introduced By: _J;Curtis 'Py1er, III AYES NOES ABSj EX
Date Introduced: August 20, 2003 Arakaki X
First Reading: August 20, 2003 _ Chung X ~ _ ~ -
Publishcd: August-31, 2003 _ Elarionoff X
Holschuh X
RF.ti1,lRKS: ,lacobson X -rr 3 =
_ - Reynolds X N ;
-
- -
- Safarik X N
- - - -
- Tyler X
8 0 0 0
(DRAFT 3)
Second Reading: September 4, 20_03 ROLL CALL VOTE
To Mayor: September 10, 2003 AYES NOES ABS EX
Returned: September 16. 2003 Arakaki X
Effective: September 16 2003 Chung x
Published: September 28, 2003 Elarionoff X
Holschuh X
REMARKS: Jacobson X
Reynolds X
Safarik X
_ Tyler X
~ ~ _0 1 _ 0 -
DO HF_REB}' CER7YFY that the foregoing l3lLL tii~a.c adoplecl by the County Council puhlished ccs
indicu[ed above.
APPROVED AS TO ( ~ ';f
FORM AND LEGALITY: °
COFf: , C7/AIRMAN
DEPUTY CORPORATION COUNSEL 6;~ }
COUNTY OF HAWAII ~d
_ CUUNli'CLERK
Date t \ ~tL ~az~
130 (Draft 3)
Bill No.: _
~ C-297.3/PC-53
ppror ~ /Disa~rprnred lhrs_ _ I ~ day Reference: _
~3 Ord No.: Q~ ~7r'8
~lJ`~ v
1~ }'pK, ~~UNTY OF IIAW'A/l