HomeMy WebLinkAboutORD 2004-103 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 302
Draft 3
ORDINANCE NO. (14 10~
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 RESIDENTIAL AND
AGRICULTURAL (RA-.Sa) AT KOHANAIKI, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-3-19:28.
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 area situated at Kohanaiki, North Kona,
Hawaii shall be Residential and Agricultural (RA-.Sa):
Beginning at a found ''/z" iron pipe in concrete on top of an old dry stacked rock wall,
being the Northeast corner of this herein-described tract of land and being on the South line of a
47.710 acre tract of land as found in Document No. 2000-096375, as recorded in the State of
Hawaii Bureau of Conveyances; said beginning point coordinates of which referred to
Government Survey Triangulation Station "MOANUTAHEA" being 11,821.92 feet South and
8,533.43 feet West and running by azimuths measured clockwise from true South:
Thence, following along the remainder of Grant
2030 to Kaiakoili along the East line of this
herein-described tract of land, along the center
of an old dry stacked rock wall with the
following (4) four courses:
1. 344° 50' 36" 12.77 feet to a ''/z" pipe found in concrete;
2. 348° 38' S2" 116.87 feet to a set %i" iron stake with a red plastic cap
marked No. 10743;
3. 349° 31' 30" 82.49 feet to a set %z" iron stake with a red plastic cap
marked No. 10743;
4. 347° 1 S 41" 120.84 feet to a set %z" iron stake with a red plastic cap
marked No. 10743, being the Southeast corner
of this herein-described tract of land on the
North side of an old "Government Road";
Thence, following along the remainder of Grant
2030, along the center of an old dry stacked rock
wall, along the North line of said "Government
Road", being the South line of this herein-
described tract of land, with the following (3)
courses;
5. 88° 54' 36" 131.72 feet to a set %x" iron stake with a red plastic cap
marked No. 10743;
6. 84° 19' 46" 69.78 feet to a set %z" iron stake with a red plastic cap
marked No. 10743;
7. 85° 44' 19" 302.99 feet to a found'/:" iron pipe recognized as the
Southwest corner of this herein-described tract
of land, being the Southeast corner of a 0.33 acre
tract;
Thence, following along the remainder of Grant
2030, along the approximate center of an old dry
stacked wall, along the East and North line of
the said 0.33 acre tract, with the following (2)
two courses:
8. 168° 48' 32" 120.97 feet to a found %z" iron pipe in concrete;
9. 84° 4Y 20" 121.77 feet to a found ''/z" iron pipe in concrete, being
the upper Southwest corner of this herein-
described tract of land;
Thence, following along the remainder of Grant
2030, along the approximate center of an old dry
stacked wall, along the West line of this herein-
described tract of land, being the East line of a
3-1/2 acre tract with the following (2) two
courses:
10. 164° 49' 35" 42.33 feet to a set %z" iron stake with a red plastic cap
marked No. 10743;
11. 172° 33' 36" 122.00 feet to a found small nail in a on said rock
wall, being recognized as the Northwest corner
of this herein-described tract of land;
Thence, following along the remainder of Grant
2030, along the approximate center of an old dry
stacked wall, along the North line of this herein-
described tract of land, being the South line of a
47.710 acres, with the following (6) six courses:
12. 261° 19' 27" 106.16 feet to a nail set in a rock;
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13. 243° 42' 24" 49.96 feet to a set'/z" iron stake with a red plastic cap
marked No. 10743;
14. 267° 21' 31" 64.88 feet to a set %z" iron stake with a red plastic cap
marked No. 10743;
15. 262° 51' 37" 262.37 feet to a set %z" iron stake with a red plastic cap
marked No. 10743;
16. 294° 57' 08" 12.87 feet to a set ''/z" iron stake with a red plastic cap
marked No. 10743;
17. 260° 30' 39" 122.04 feet to the point of beginning and containing an
area of 4.07 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 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(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 Rural District.
C. Final Subdivision Approval of the subject property shall be secured within five (5) years
from the effective date of this ordinance.
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D. 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 an
ohana dwelling or 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 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.
E. Access to the property shall be through the Hualalai Vistas Subdivision to the north. The
applicant shall extend a County dedicable subdivision road and associated utilities from
the southern boundary of the Hualalai Vistas Subdivision to the Homestead Road on the
southern boundary of the subject property prior to or in conjunction with final
subdivision approval. The intersection of the Homestead Road and the proposed interior
subdivision road shall be improved meeting with the approval of the Department of
Public Works. The subdivision road shall be dedicated to the County upon request. There
shall be no access on the Homestead Road for construction vehicles for the subdivision
improvements.
Within 30 days of the effective date of this ordinance, the applicant shall submit a Grant
of Easement document to the County of Hawaii, through its Planning Department, the
right in the nature of a 50-foot wide perpetual easement for ingress, egress, access and
right-of--way purposes, over and across the subject property between the Hualalai Vistas
Subdivision and the Homestead Road.
If the Hualalai Vistas Subdivision precedes the development of the subject property,
within 60 days of a request by the County Planning Director, the landowner of the subject
property shall submit a subdivision application which would enable the landowner to
convey, at no cost, that area covered by the Grant of Easement to the County of Hawaii.
Documents conveying this easement in fee to the County shall be filed with the Planning
Director within 30 days of issuance of final subdivision approval creating this road lot.
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This is to enable the Hualalai Vistas Subdivision to construct a subdivision access road to
the Homestead Road as required by Ordinance 03-144.
F. If access cannot be obtained from Hualalai Vistas Subdivision because of non-
development of that subdivision, the Homestead Road shall be widened and improved
along the entire subject property frontage and east to Mamalahoa Highway (Highway
190) to County-dedicable standards, meeting with the requirements of the Subdivision
Code and the Department of Public Works. The intersection of the Homestead Road
shall be improved meeting with the requirements of the Department of Transportation,
prior to final subdivision approval.
G. Install streetlights, signs and markings meeting with the approval of the Department of
Public Works, Traffic Division.
H. A Burial Treatment Plan shall be submitted for review and approval of the Planning
Director prior to submitting plans for subdivision review or prior to issuance of any land
alteration permits, in consultation with the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD). Proposed mitigation treatment for the
burial site(s) within the subject area shall be approved by the Historic Preservation
Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for
the site(s). A copy of the approved plan shall be submitted to the Planning Department
for its files.
I. 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 cleazance from the DLNR-HPD when it finds that sufficient mitigative
measures have been taken.
J. The applicant(s) shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
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K. The applicant shall pay it fair shaze contribution to address potential regional impacts of
the project with respect to roads, pazk, fire, police and solid waste disposal facilities. The
fair share contribution shall be initially based on the representations contained within the
change of zone application and may be increased or reduced proportionally if the lot
counts aze adjusted. The fair share contribution shall become due and payable prior to
receipt of Final Plan Approval or within five (5) years from the effective date of this
change of zone ordinance, whichever occurs first. 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 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). The fair share contribution shall have a maximum combined value of $9,671.44
per single family residential unit. Based upon the applicant's representation of intent to
develop a total of seven (7) single-family residential units, the indicated total of fair share
contribution is $67,700.08 for the 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 K. The
cost of providing and/or constructing the improvements within the Homestead Road
right-of--way shall be credited against the sum specified herein for road and traffic
improvements. The fair share contribution shall be allocated as follows:
1. $4,663.74 per single family residential unit for the seven (7) single family residential
units for an indicated total of $32,646.18 to the County to support park and
recreational improvements and facilities;
2. $224.98 per single family residential unit for the seven (7) single family residential
units for an indicated total of $1,574.86 to the County to support police facilities;
3. $444.36 per single family residential unit for the seven (7) single family residential
units for an indicated total of $3,110.52 to the County to support fire facilities;
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4. $194.55 per single family residential unit for the seven (7) single family residential
units for an indicated total of $1,361.85 to the County to support solid waste
facilities;
5. $4,143.81 per single family residential unit for the seven (7) single family residential
units for an indicated total of $29,006.67 to the State or County to support road and
traffic improvements.
L. 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.
M. 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.
N. With the exception of condition E, an initial extension of time for the performance of
conditions within the ordinance may be 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.
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.
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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.
O. 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.
INTRODUCED BY:
>?tiuwr \ ~ a
CIL M ER, O TY OF H AI`I
Hilo ,Hawaii
Date of Introduction: August 18, 2004
Date of 1st Reading: August 18 , 2004
Date of 2nd Reading: September 1, 2004
Effective Date: September 14, 2004
I~~ERENCB Comm. r, 700,..;?
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IDENTIAL AND AGRICULTURAL RA•.Sa rRS=2°~-
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vii
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 RESIDENTIAL AND AGRICULTURAL (RA-.5a)
AT KOHANAIKI, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-019:028 Dale: May 11, 2004
EXHIBIT "A" (Tom Smith:i 132)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawair~ r.---_~ ~v t,r~ 1'~
`'bia~~t 3~ ?
Introduced By: Leningrad Elarionoff ROLL CALL VOTE
Datelntroduced: August 18, 2004 AYES NOES ABS EX
First Reading: August 18, 2004 Arakaki X
Published: August 29, 2004 Chung X
Elarionoff X
REMARKS: Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
'Tyler X
7 0 2 0
Second Reading: September 1, 2004
To Mayor: September 2, 2009 ROLL CALL VOTE
Returned: September 14, 2004 AYES NOES ABS EX
Effective: September 14, 2004 Arakaki X
Published: September 19. 2004 Chung g
Elarionoff X
R/iAdARKS': Holschuh X
Jacobson g
Reynolds
Safarik X
Tulang g
Tyler X
6 1 2 0
l DO HEREBYC'ERTLFY that the foregoing BILL was adapted by the County Council published as indicated
ubove. ,
APPROVED AS TO ~ ~ ~i~~~~.
FORM AND LEGALITY ,
~-r'' _ ~ z;r' / '/L CHAIRMAN
mot'` ; ~~..C_",.f"[~C, f'G.~"t' ~ Cc~c.4
DPP TY CORPORATION COUNSEL
COUNTY OF HAWAII
/ ~ NTY CLERK
Date r~ ~ ,t'~.
BiIINo.: 302 (Draft 3)
pprove Disappruvedlhis II-~-~ day Reference: C-700.5/PC-109
v Svp~tt,.bin 2U o'~ Ord: U4 ~03
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1 1AYOR."C'(JUNTY OF HAWAII
Hawal'~ County xs an Equal Opportunity Provider and Employer