HomeMy WebLinkAboutORD 2003-144 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. i a7
(Draft 2)
ORDINANCE NO. (13 144
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CLANGING 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.
BF, IT ORDAINED BY'fHE 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-la):
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 "MOANUTAIIEA" being ] 1,786.73 feet South
and 8,041.74 feet West and running by azimuths measured clockwise from True South:
'T'hence, for the next nineteen 9) courses, following along middle of stonewall
and along the remainder of Grant 2030 to Kaiakoili the direct azimuths and
distances being:
1. 82° 55' 15" 273.09 feetto a pipe;
2. 23° 39' 5.01 feet to a pipe;
3. 88° 15' 209.06 feet to a pipe;
4. L64° 5T I2.67 feet to a pipe;
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5. 80° 30' 30" 122.04 feet to a pipe;
6. 114° 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' 49.96 feet to a pipe;
10. 81° 19' 30" 106.16 feet to a on rock;
11. 163° 50' 30" 98.72 feet to a pipe;
12. 72° 56' 360.43 feet to a on rock;
13. 81° 23' 30" 89.99 feet to a pipe;
] 4. 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° O1' 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 feet to a on rock;
21. 76° 1 1' 61.55 feet to a spike in concrete;
22. 70° 32' 348.78 feet to a pipe;
Thence, for the next three (3) courses following along the Easterly side of
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Homestead Road:
23. 150° 00' 36.02 feet to a on rock;
24. 157° 41' 93.00 feet to a spike in concrete;
25. 154° 35' 88.61 feet to a spike in concrete;
26. ] 56° 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 a pipe;
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 I (File Plan 1695):
35. 267° 54' 30" 14733 feet to a pipe;
36. 263° 51' 234.20 feet to a pipe;
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37. 252° 32' 336.32 feet to a pipe;
38. 260° 13' 30" 141.64 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 I (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 I (File Plan 1695) to a
on rock;
Thence, for the next four (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 of Kona Hills
Estates Subdivision, Unit I (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 X9.43 feet to a pipe;
49. 274° 44' 86.39 feet to a pipe;
50. 272° 50' 30" 123.27 feet to a pipe;
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5 I . 281 ° 19' 72.47 feet to a pipe;
52. 273° 25' 66.67 feet Yo a pipe;
53. 266° 3T 89.36 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 Lot 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 ] Iawaii
Belt Road (F.A.P. No. Flo (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 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
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proposed use.
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. 'Che 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)
yearstrom the effective date oCthis 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 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 he 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
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Planning Department 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. This may include, but not be limited to, a left-hand turn lane, a
dedicated right turn lane from the subdivision road to southbound Mamalahoa
Highway and a refuge lane with an additional ] 0-foot future road widening
setback along the length of Mamalahoa Highway. Applicant shall prepare a
Traffic Impact Analysis Report (TIAR).
G. All connector roadways within the proposed subdivision shall be constructed to
County dedicable standards and dedicated to the County 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 connect to
the Old Homestead Road. The east-west (mauka-makai) road within the
subdivision shall connect to Kohanaiki Homestead Road and to Mamalaohoa
Highway. The roadway connection to Kohanaiki Homestead Road shall be gated
and locked and used only in times of emergency and for evacuation purposes.
H. A water line shall be constructed from the subject property to Kohanaiki
Homestead Road and a fire hydrant installed within the County owned Kohanaiki
Homestead Road right-of--way to provide fire protection in this area.
L The applicant shall provide a 20-foot wide future road widening setback easement
along the length of the property fronting Kohanaiki Homestead Road.
J. Install streetlights, signs, and markings meeting with the approval of the
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Department of Public Works, Traffic Division.
K. 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. 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 of plans 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.
M. 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 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. 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
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maximum combined value of $9,472.11 per single-family residential unit/lot.
Based upon the applicants representation of intent to develop up to thirty (30)
additional residential units/lots over the present zoning, the indicated total of
fair share contribution is $284,163.30 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 M. The fair share contribution shall be allocated as
follows:
1. $4,567.62 per single-family residential unit for an indicated total of
$137,028.60 to the County to support park and recreational
improvements and facilities;
2. $220.34 per single-family residential unit for an indicated total of
$6,610.20 to the County to support police facilities;
3. $435.20 per single-family residential unit for an indicated total of
$13,056.00 to the County to support fire facilities;
4. $190.54 per single-family residential unit for an indicated total of
$5716.20 to the County to support solid waste facilities; and
5. $4058.41 per single-family residential unit for an indicated total of
$121,752.30 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 (HOPI). 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 F and H shall be credited
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against the sum specified in Condition M (5) for road and traffic improvements.
For purposes of administering Condition M, 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.
N. The applicant(s) shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
O. 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.
P. 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 United Impact Fees
Ordinance.
Q. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
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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.
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(s) should require an additional extension of time, the
Planning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
R. 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.
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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. "Phis ordinance shall take effect upon its approval.
INTRODUCE t:
CO CI MEMBEK, C UNTY OF HAWAI I
H; , Hawaii
Date of Introduction: October 8, 2003
Date of lst Reading: October 8, 2003
Date of 2nd Reading: October 22, 2003
Effective Date: October 29, 2003
(~~p(tENCEs Comm: 342 ,z
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONG 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-1 a)
AT KOHANAIKI, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-007:027 & 050 Date: June 16, 2003
EXHIBIT "A.. (Hualalai Vistas, LLC: 1102)
OFFICE OF THE COUN"IY CLERK
County of Hawaii
xiSo ,Hawaii q~ p{~~~~~..~- h:fi:•-f~
ROLT5C3AL+L~~(9'FE t t t
Introduced By: J. Curtis Tyler, IlI AYES AYSi-~.,,~,- EX
Datclntroduced: October 8, 20-0"3 Arakaki X (~`~~J(~J~1 II- f~l
First Reading: October 8, 2003 - Chung X
Published: October 19, 2003 Elarionoff X
Holschuh X
REMARKS: (By request) _ .facobson X
Reynolds X
Safarik - X
Tulang X ~ -
"Eyler X
Second Reading: October 22, 2003 _ ROLL CALL VOTE
To Mayor: October 27, 2003 _ AYES NOES ABS EX
Returned: n~ ob r 30 2003 _ Arakaki X
Effective: _October 29,_2003 _ Chung X
Published: November 9, 2003 _ Elarionoff X
Ilolschuh X
REM/ARKS: Jacobson X
_ Reynolds - X-- -
Safarik X
_ fulang X - -
_ Tyler X
7 1 1 0
1 DO HEREBY CERTIFY that the foregoing BILL, was adopted b~~ the County Council published as
indicated above.
APPROVED AS TO ~ ~ ~
J
FORM AND LEG ITY:
~C !L CH~IIRM~lN
D TY C RPORATION COUNSEL
COUNTY OF HAWAII
000N%'Y CLERK
Date OCT 2 9 2003
197 (Draft_ 2)
Bill No.:
K-~ Reference: C-392.3/PC-SI
prove /Disapprroved Nis ~ da.r q - - - -
OrdNo.: 1'~Y "Y
Oo4-obv~' ~0 03
til YOIZ~TYOFHAWAI/