HomeMy WebLinkAboutBIL 343 Draft 03 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 343
Draft 3
ORDINANCE 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 - 5 ACRES
(A-Sa) TO SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS-20) AT KALAOA
1sT AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-011:068.
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 Kalaoa 1 s` and 2nd,
North Kona, Hawaii shall be Single Family Residential - 20,000 square feet (RS-20):
Beginning at a'/< inch pipe (found) at the Southeasterly corner of this parcel of land,
being also the Northeasterly corner of Lot 1 and being a point on the Westerly side of
Hawaii Belt Road (F.A.P.F-10(5)), the coordinates of said point ofbeginning referred to
Government Survey Triangulation Station "MOANUTAHEA" being 4,614.00 feet South
and 8,759.10 feet West and running by azimuths measured clockwise from True South:
Thence, for the next six (6) courses following along the remainder of Grant 3027
to Heueu:
1. 86° 20' 30" 37.95 feet along Lot 1 to a point;
2. 93° 28' 30" 78.47 feet along Lot 1 to a point;
3. 95° 20' 30" 104.89 feet along Lot 1 to a point;
4. 88° 34' 45.03 feet along Lot 1 to a `/z inch pipe (found);
5. 93° 09' 30" 4.29 feet along Lot 1 to a % inch pipe (found);
6. 191 ° 56' 383.98 feet along Lot A to a'/< inch pipe (found);
7. 268° 17' l Y' 154.77 feet along the Southerly side of Mahilani
Drive to a point;
Thence, following along the Westerly side of Hawaii Belt Road (F.A.P. F-10(5))
on a curve to the left with a radius of
5,769.56 feet, the chord azimuth and
distance being:
8. 355° 13' 26" 249.82 feet to a point;
9. 353° 59' 143.35 feet along the Westerly side of Hawaii Belt
Road (F.A.P.F-10(5)) to the point of
beginning and containing an area of 1.8628
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.
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B. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
C. Final subdivision approval shall be secured within five (5) years from the
effective date of this ordinance.
D. Access to the proposed lots (B-1 and B-2) shall be from Mahilani Drive. Access
to proposed lot B-3 shall be from an existing access on Mamalahoa Highway.
Access shall meet with the requirements of the Depaztment of Public Works.
E. A 10-foot wide no vehiculaz access planting screen easement shall be delineated
along all lots fronting Mamalahoa Highway.
F. Al] development-generated runoff shall be disposed of on-site and shall not be
directed towazd any adjacent properties.
G. Drainage improvements, if required, shall be constructed meeting with the
approval of the Department of Public Works in conjunction with Final
Subdivision Approval.
H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the
construction of a second dwelling unit and condominium property regimes and
any further subdivision of 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 Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
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of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances for any portion of the subject property. A copy
of the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
I. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
J. Should any undiscovered remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be encountered, work in
the immediate azea 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 clearance from
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
K. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. 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 are adjusted. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval or within five (5) years from the effective date of this change of zone
ordinance, whichever occurs first. The fair shaze 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.
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The fair shaze 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 (HCPI). The fair shaze contribution shall have a
maximum combined value of $9,671.44 additional per single family residential
unit. Based upon the applicant's representation of intent to develop a total of two
(2) additional single-family residential units, the indicated total of fair share
contribution is $19,342.88 for the additional 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 fair share contribution shall be allocated as
follows:
1. $4,663.74 per single family residential unit for an indicated total of
$9,327.48 to the County to support park and recreational improvements
and facilities;
2. $224.98 per single family residential for an indicated total of $449.96 to
the County to support police facilities;
3. $444.36 per single family residential unit for an indicated total of $888.72
to the County to support fire facilities;
4. $194.55 per single family residential unit for an indicated total of $389.10
to the County to support solid waste facilities;
5. $4,143.81 per single family residential unit for an indicated total of
$8,287.62 to the State or County to support road and traffic improvements.
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In lieu of paying the fair share contribution, the applicant may construct such
facilities related to park, fire, police and solid waste disposal facilities subject to
the review and recommendation of the Planning Director, upon consultation with
the appropriate agencies and the approval of the Hawaii County Council.
L. 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.
M. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
N. 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 aze beyond the control of the applicants, 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
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originally granted for performance (i.e., a condition to be performed within
one year maybe extended for up to one additional year).
5. If the applicants should require an additional extension of time, the
Planning Director shall submit the applicants' 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 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 declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
fNTR DUCED BY: /
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COUN IL ME ER, OUNTY C{F HAWAI`I j
v'
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE; Comm. 788.2
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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-20)
AT KALAOA 1 st and 2nd, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-011:068 Date-. June 1, 2004
EXHIBIT "A" (ullan a Manella~>