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HomeMy WebLinkAboutBIL 199 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 19 ~ ORDINANC>; 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-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT HIENALOLI 2ND TO 4T", NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-010:066. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• 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 2"d to 4th, North Kona, Hawaii shall be Single Family Residential (RS-10): Beginning at the Southeasterly comer of this parcel of land, being also the Northeasterly corner of Lot 101 of Kona Heights Subdivision, Increment II (File Plan 1077) and being a point on the Westerly side ofHienaloli-Kahului Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 7,859.85 feet North and 6,105.81 feet East and conning by azimuths measured clockwise from True South: Thence, for the next six (6) courses following along the remainder of Land Commission Award 8542-B, Part 3 to Peke: 1. 75° 44' 12" 122.71 feet along Lots 101 and 102 of Kona Heights Subdivision, Increment II (File Plan 1077) to a point; 2. 72° 38' 44" 166.71 feet along Lots 102 and 103 of Kona Heights Subdivision, Increment II (File Plan 1077) to a point; -1- 3. 86° 29' 44" 48.85 feet along Lots 103 and 119 of Kona Heights Subdivision, Increment II (File Plan 1077) to a point; 4. 75° 56' 10" 109.40 feet along Lot 119 of Kona Heights Subdivision, Increment II (File Plan 1077) to a point; 5. 70° 26' 14" 118.94 feet along Lots 119 and 120 of Kona Heights Subdivision, Increment II (File Plan 1077) to a point; 6. 74° 44' 41" 113.89 feet along Lots 120 and 121 of Kona Heights Subdivision, Increment II (File Plan 1077) to a point; 7. 164° 00' 797.66 feet along Lot 5 and along the remainders of Land Commission Awazd 8524-B, Part 3 to Peke, Royal Patent 1600 and 1930 to Asa Thurston, Land Commission Awazd 387, Part 4, Section 2, to American Boazd of Commissioners for Foreign Missions, Grant 979 to Kaupa and Land Commission Award 7716, Apana 5 to R. Keelikolani; Thence, for the next nine (9) courses following along Lot 1-B as shown on CSF 16687 (Government Land, State of Hawaii): 8. 243° 19' 11" 452.45 feet to apoint; 9. 242° 52' 11" 53.00 feet along stonewall to a point; 10. 241° 12' 11" 14.60 feet to a point; Thence, for the next four (4) courses following along stonewall: I1. 241 ° 12' 11" 42.70 feet to a point; 12. 245° 41' 11" 99.00 feet to a point; 13. 24]° 0T 11" 53.00 feet to a point; 14. 241° 38' l l" 70.00 feet to a point; -2- 15. 232° 06' 11" 18.00 feet to a point; 16. 240° 43' 11" 37.01 feet partially along stonewall to a point; Thence, for the next four (4) courses following along the Westerly side of Hienaloli-Kahului Road: 17. 356° 1 T 11" 516.05 feet to a point; 18. 353° 24' 11" 182.47 feet to a point; 19. 345° 03' 44" 130.63 feet to a point; 20. 344° 49' 41" 154.06 feet to the point of beginning and containing an area of 14.533 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 maybe 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 applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. -3- B. The effective date of this ordinance shall be the date that the applicant and the Department of Water Supply finalize an agreement for water system improvements for the proposed subdivision. C. Lots within the proposed subdivision shall not exceed the number of units of water which aze 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. D. No variance shall be sought or granted to allow the subdivision of lots not served by acounty-approved water system. E. 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. F. All subdivision roads shall be constructed to County dedicable standards with concrete curbs, gutters and sidewalks and dedicated to the County of Hawaii. The applicant shall consult with the Planning Department and the Department of Public Works regarding additional roadway connections to adjoining pazcels, prior to the submittal of plans for subdivision review. The improvements within the proposed subdivision shall include underground utilities. G. There shall be a 10-foot wide no vehicular access planting screen easement along all lots fronting Hienaloli-Kahului Road. Vehicular access to the individual lots shall not be permitted from Hienaloli-Kahului Road. -4- H. The subdivision road approach to Hienaloli-Kahului Road should either align with the existing subdivision approach to the east or another location meeting with the approval of the Department of Public Works. I. Offsite improvements to Hienaloli-Kahului Road shall include correcting the existing non-conforming width and alignment between Aloha Kona Drive and Nani-Kailua Drive meeting with the approval of the Department of Public Works. These improvements shall be completed prior to the issuance of Final Subdivision Approval or with the appropriate bonding for these improvements. Improvements may include, but not be limited to, grading, retaining structures, pavement widening and transitions, drainage improvements and relocation of utilities. J. Improvements to the subject property frontage shall include the existing right-of- way and an area equal to one half the difference between the existing Hienaloli- Kahului Road right-of--way and 60 feet, which shall be improved to the northerly end of the property. Improvements shall include, but not be limited to, concrete curb, gutter and sidewalk, pavement transitions, drainage improvements, and relocation of utilities meeting with the approval of the Department of Public Works. All improvements shall be constructed to dedicatle standards, and be dedicated at no cost to the County upon request of the Department of Public Works. K. Streetlights and other traffic control devices shall be installed as required by the Department of Public Works Traffic Division. The developer shall be responsible for the design, purchase and installation of all such devices. -5- L. Should the interior roadway system remain private, any vehiculaz security gate shall be located a minimum of 60 feet from the Hienaloli-Kahului Road right-of- way, exclusive of gate swing. M. All development-generated runoff shall be disposed of on-site and shall not be directed towazd any adjacent properties. N. A drainage study shall be prepazed and the recommended drainage system shall be constructed meeting with the approval of DPW. O. 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. P. There shall be no constmction of single family dwellings and related improvements or other substantial buildings, or subdivision roads within areas+6 designated "AE" or "shaded" Zone "X" by Flood Insurance Rate Maps (FIRM) except that subdivision roads can be built in "shaded" Zone "X." Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots maybe created which lack a buildable area. This restriction maybe 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. -6- Q. Undergound 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, "Undergound Injection Control." R. The applicant shall comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. S. Restrictive covenants in the deeds of all 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 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. T. 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 archaeological cleazance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. -7- U. 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. V. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to pazks and recreation, fire, police, solid waste disposal facilities and roads. The fair shaze contribution shall be initially based on the representations contained within the change of zone application and maybe increased or reduced proportionally if the lot counts aze adjusted. The fair share 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 shaze contribution shall become due and payable incrementally as the subdivision is built 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 maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). In lieu of paying the fair shaze 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 development, subject to the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair shaze requirement of this proposed development shall, at the applicant's request be credited towazds any of the applicant's future developments that require infrastructural impact contributions. -8- W. 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 including, but not limited to, the Depaztment of Public Works, the Department of Health and the Fire Department. X. 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 towazds the requirements of the Unified Impact Fees Ordinance. Y. 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, 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). -9- 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. Z. 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. 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: CVti~~~y~~ - V ME~ER,~ Y OF HA~~`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: rcifcciVC.E: Comm. 438 -10- a A-Sa -5a - 1. A..Sa A-Sa ~ A-I 1h na c 7,85 85 N A- l a l a ~ „ Hien lol R , 0 6,10 .81 E A- a ienal Y _ „KA ELO"~ Ra,-.sa - a ~ 11 Rd. A- a A- I a A-Sa _ ~ ~ m N N z sa A-Sa - ~ - 3 0 GRICULTURAL (A- a) N ` m TO INGLE FAMILY RESIDEN IAL RS•10 Rs-zo z 14.533 ACRES A-sa _ A-Sa A-Sa li A-Sa A-Sa tq ~ m _ o eo . A- ~ A-Sa o - _ RS_I ~Hv+Y• h ~ O~eenKaahOma A-sa P N ~a ' - sa ~ RM-4 N a\\3~ RM-4 a ~ o ~cNizo . Y ` _ -5a A- a ~c ~ A-la A-Sa 2 RM-4 RM-4 A-sa G20 A 5a RM-4 RM-2 uoo sso o Moo z2oa s,~oo a,aoa ssoo 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-5a) TO SINGLE-FAMILY RESIDENTIAL (RS-10) AT HIENALOLI 2nd TO 4th, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-5-010:066 Date: October 22, 2003 EXHIBIT "A" (Nani Kona Aina, LLC Dan Boltona 111)