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Home My WebLink AboutORD 2004-149 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 343 Draft 4 ORDINANCE NO. ~4 14`-1 AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`1 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 Ise AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-011:068. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`l: SECTION L 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" and 2nd, North Kona, Hawaii shall be Single Family Residential -20,000 square feet (RS-20): Beginning at a''/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 of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 4,614.00 feet South and 8,759. I 0 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 Heucu: l . 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° 3a' 45.03 feet along Lot 1 to a 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'/a inch pipe (found); 7. 268° I T I S" 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' 14335 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. B. The required water commitment payment shall be submitted to the Department of -2- 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 tive (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 Department of Public Works. E. A 10-foot wide no vehicular access planting screen easement shall be delineated along all lots fronting Mamalahoa Highway. F. All development-generated runoff shall be disposed of on-site and shall not he directed toward 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 maybe 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 shal I he submitted to the Planning Director for review and approval prior to the issuance 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 -3- 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 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 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 regonal impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initiallybased on the representations contained within the change of zone application and maybe increased or reduced proportionally if the lot counts arc 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 chang~c; of zone ordinance, whichever occurs first. The fair share contribution for each additional lot shall be based on a maximum density for each additional 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 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 share -4- contribution shall have a maximum combined value of $9,671.44 per additional singlc family residential unit. Based upon the applicants 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 sin~c- familyresidential 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 he 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 traftic improvements. -5- 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 hmpact Fecs 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: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assi~s, 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 ganting 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). 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 crnnplicd 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: n ~ r GZ U CIL M BER, COU TY OF H 1`I Kona , Hawaii Date of Introduction: November 10 , 2004 Date of Ist Reading: November 10, 2004 Date of 2nd Reading: November 24, 2004 Effective Date: December 8, 2004 t2EFERENCE: Comm. ~ $ $ • 3 -7- i A-20a ~ II A-3a W A-20a II i A-20a ~ A-20a - - - A fa _ - _ A fa- III 'z.'1',~ A-20a , ~ I AGRIC LI AL A-5a T0', i ~ ~ ? ~ - - - - SIN LE-FAM Y RESlDEN7 L R -20 3 8628 AC . '1 - - II A 20a r ' II~_:-- I - A-20a `(-61400$ A-10a A3a a I A is t~~~ i I 759.10 W ~ I a~ o Ma alaho ~ ~ A-20a ~ ~ H A 1a , r' OANUTAHEA' I'~Ma~'` II i A-fa ~ A-20a li ~ ! A-Sa II ~ , I A-zoa a-2oa Ma ala oa Hw . a z _ _ \ ~ N A-Sa v I OQkU l u l t. i z I x ~ A Sa ~ - A Sa A-5a w„ A-Sa ~ 1- - I _i i=i - _ ; II A_~ - m ~ Flunh ~ - I F RS-7.5 I I Y r ~ ~f I; i r I y j~ ' RS-P0. i i i ~ ~ m i i Kulanui Rd. ~ ~ ~ ~ I ASa I ~ - m - - I- ~ ~ I - _ - - RS~7.5 -L-a - - ~ - 1 ~ A_~ ~ LJ"-~. KiekeSt. ~ iKel L ea PL _ Fa fa _ ~ \ ~ - _ ~ - _ ~ _ l~ , ~ - ~ _ it _ _ II RS-10 -ti A-ia q-qa - _ I ~ Kma PI. _ - A - - - - - /A-.1a A- A Sa A-fa - A-1a A Sa ~ ~ ~ ~ ~ Sa ~ _ A-Sad A aeo sao o seo Laso ago %]~o apoo veep 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 1st and 2nd, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-3-011:068 Date: June 1, 2004 EXHIBIT "A" (Lilian E. Mahi 1137) ~ ' ~ , OFFICE OF THE COUNTY CLERK County of Hawaii Kona ,Hawaii 1 ? 7 , (Draft 3) InVoducedHy: Leningrad Elarionoff ROLL~CALLVO"I'E Date Introduced: November 10, 2009 AYES ~ NOES ABS EX FirstRcading: November 10, 2009 Arakaki X Published. November 21, 2004 Chung X Elarionoff X KEA9.=12KS: Holschuh X Jacobson X Reyuolds X . Safarik X Tulang X Eyler X 5 1 3 0 ~i SecondRcading: November 29, 2009 _ Draft 4) _ _ 'foMayor; November 29, 2009 ROLL CALL VOTE Returned: December 9, 2004 AYES NOES ABS EX - Effective: DeCember.~_2004 Arakaki X Published: pgCem~Pr 1 S 2004 _ Chung _ X _ Elarionoff X REA4.=fRKS: _ _ Holschuh X - _ Jacobson X Reynolds X _ Safarik X , _ _ Tulang ~ - Tyler X 7 1 1 0 L DO Hh,'REBF CERTIF}' Iha[ the JoreKoing B/I L was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND ~AL~~: ~ / ~ - ~ ~ )UNClL CHAIRM~I N DE TY COFYPORATION COUNSEL ,r COUNTY OF HAWAII ~ ff L-'OE9NTY CLERK Date ,,^t. ''lr~.l ~-z~/ -r Lf. BiIINo.: _ 343 (Draft 9) .~/~pruv cl~Disupproved lh Ls dm' Reference: C-788.3/PC-115- ~tccmbar - '0-0~ ord: _ O4 14~' ~ _ A}'OIL CO :~'%"S bFHAWAIl l[an ur) ('Quint' ie ar !;'yunl Oppm'lunuy Provider and Entploycr