HomeMy WebLinkAboutORD 2002-101 2000-2002 COLJN'I°Y O~ I~AW.AI`I S'K'ATE OF I-~W~I`I
BILL NO. 242
(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 (A-la) TO
MULTIPLE FAMILY RESIDENTIAL (RM-4) AT WAIAHA 1ST, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-17: PORTION OF 7.
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 Waiaha ls`, North Kona,
Hawaii, shall be Multiple Family Residential (RM-4):
Beginning at the Northeasterly corner of this parcel of land, being the SE corner
of Land Court, Lot 1 on the southwesterly side of Hualalai Road, the coordinates of said
point of beginning referred to government survey Triangulation Station "KAILUA"
(North Meridian) being 4,019.90 feet South and 5,797.91 feet East and running by
azimuths measured clockwise from True South:
Thence, along the Southwesterly side
of Hualalai Road for the following
three (3) courses;
l . 328° 29' 17" 141.65 feet to a point;
2. 319° 18' 00" 62.91 feet to a point;
3. 304° 42' 24" 11.46 feet to a point;
Thence, along Lot A, along a curve
to the left having a radius of 50.00
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feet, the chord azimuth and distance
being;
4. 91 ° 3 5' 47" 54.62 feet to a point;
Thence, along Lot A, along a curve
to the left having a radius of 100.00
feet, the chord azimuth and distance
being;
5. 35° 47' 40" 77.15 feet to a point;
6. 13° 06' 10" 33.04 feet along Lot A to a point;
Thence, along Lot A, along a curve
to the right having a radius of 160.00
feet, the chord azimuth and distance
being;
7. 37° 00' 44" 129.69 feet to a point;
8. 60° 55' 18" 144.12 feet along Lot A to a point;
9. 89° 04' 30" 20.28 feet along a Water Tank site
(TMK: 7-5-17:15) to a point;
10. 359° 04' 30" 10.85 feet along a Water Tank site
(TMK: 7-5-17:15) to a point;
11. 60° 55' 18" 92.44 feet along Lot A to a point;
Thence, along Lot A, along a curve
to the left having a radius of 900.00
feet, the chord azimuth and distance
being;
12. 142° 59' 20" 248.44 feet to a point;
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13. 135° 03' 20" 145.67 feet to a point;
Thence, along Lot A, along a curve
to the right having a radius of 500.00
feet, the chord azimuth and distance
being;
14. 145° 39' 39" 184.04 feet to a point;
15. 265° 37' 49" 550.21 feet along the remainder of Lot B, along
Land Court Application 1666, Lot 1,
Map 1 to a point;
16. 268° 27' 49" 95.35 feet along the remainder of Lot B, along
Land Court Application 1666, Lot 1,
Map 2 to the point of beginning and
containing an area of 4.979 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 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 Plan Approval for the proposed multiple family residential development and
its related improvements shall be secured from the Planning Director in
accordance with the Zoning Code, Sections 25-2-71 (c)(3), 25-2-72, 25-2-74 and
25-4-12 within five (5) years from the effective date of this ordinance. Plans shall
identify proposed structures, fire protection measures, access roadway(s) and
driveway(s), parking area(s) and landscaping associated with the proposed
development.
D. Primary access to the project site from Hualalai Road shall be via Road D as
identified on plans submitted by the applicant as part of this Change of Zone
Application. Direct primary access from the project site onto Hualalai Road shall
be prohibited. Road E shall be limited to emergency uses only and shall be
designed and constructed to standards meeting with the approval of the
Department of Public Works and the State Department of Transportation.
E. Road D, as identified on plans submitted with the applicant's Change of Zone
Application, shall be designed and constructed to standards meeting with the
approval of the Department of Public Works. The applicant shall design Road D
so that a future physical connection with Lelehuna Street stub-out within the Kona
Hillcrest Subdivision can be constructed to provide for pedestrian and bicycle
access. This future connection may be used for emergency vehicles but shall be
barricaded to prevent through public vehicular traffic. Perpetual easement(s) to
allow for public access over and across Road D shall be provided in favor of and
at no cost to the County of Hawaii prior to issuance of a Certificate of Occupancy
for any portion of the proposed development.
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F. The applicant shall provide improvements to Hualalai Road in the vicinity of the
project site and its Hualalai Road-Road D intersection and dedicate such
improvements to the County of Hawaii prior to the issuance of a Certificate of
Occupancy for any portion of the multiple family residential project. These
improvements to Hualalai Road include the widening of Hualalai Road and its
right-of-way; installation of a left-turn lane at its Road D intersection; curb, gutter
and sidewalk improvements, and other improvements as may be required by the
Department of Public Works.
G. If required by the Director of Public Works, a drainage study of the project site
and immediately surrounding area shall be provided prior to the issuance of Final
Plan Approval. Drainage improvements within the project site, if required, shall
be constructed meeting with the approval of the Department of Public Works prior
to the issuance of a Certificate of Occupancy.
H. The applicant shall submit a Solid Waste Management Plan for the development
to the Department of Environmental Management for its review and approval. A
copy of the approved Plan shall be submitted to the Planning Department prior to
the issuance of Final Plan Approval.
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 -
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 mitigative measures have been
taken.
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J. 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 of each increment.
K. 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
multiple family residential units proposed to be constructed by the amounts
allocated hereinbelow, 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 multiple family residential units in each such increment. The fair
share contribution shall be in a form of cash, land, facilities or any combination
thereof acceptable to the director in consultation with the affected agencies. The
fair share contribution shall have a maximum combined value of $5,054.07 per
multiple-family residential unit. Based upon the applicant's representation of
intent to develop up to 52 multiple family residential units, the indicated total of
fair share contribution is ~262,8ll.64 for the multiple 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:
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1. $2,493.03 per multiple-family residential unit for an indicated total of
$129,637.56 to the County to support park and recreational improvements
and facilities;
2. $78.79 per multiple-family residential unit for an indicated total of
$4,097.08 to the County to support police facilities;
3. $242.37 per multiple-family residential unit for an indicated total of
$12,603.24 to the County to support fire facilities;
4. $108.03 per multiple-family residential unit for an indicated total of
5,617.56 to the County to support solid waste facilities;
5. $2,131.85 per multiple-family residential unit for an indicated total of
110,856.20 to the State or County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually by the
Hawaii County Planning Department, beginning three years after the effective
date of the change of zone, based on the percentage change in the Honolulu
Consumer Price Index (HCPI).
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 Condition F may be
credited against the sum specified in Condition K (5) for road and traffic
improvements. For purposes of administering Condition K, 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. If the in-lieu credits exceed the
fair share sums specified in Condition K, then such excess may be applied to the
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fair share amounts for later rezonings of adjacent property. The excess in-lieu
credits shall only apply for a period of seven years, unless the time limit extension
is granted by the Hawaii County Council.
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.
K. 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.
L. There shall be no further Urban redistricting of the adjoining property without a
Land Use Commission Boundary Amendment.
M. Should the Hawaii County 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. 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, 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 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 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
•
C CIL MEMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction: July 31, 2 0 0 2
Date of 1st Reading: July 31, 2002
Date of 2nd Reading: August 14, 2002
Effective Date: August 28, 2002
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AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CNAI'TER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A 1a) TO MULTIPLE-FAMILY RESIDENTIAL (RM-4)
AT WAIAHA 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAI I
TMK :7-5-010:Por. 086 (FORMALLY 7-5-017:Por. 007) APRIL 10, 2002
,~'I° (U of N BENCORP:1060)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
( DRAFT 3 )
ROLL CALL VOTE
Introduced By: Bobby-...Je,an~ Leithead-Todd AYES NOES ABS EX
Date Intro'duced` 'July 31, 2 0 0 2 Arakaki X
First Reading: July 31, 2002 Chung X
Published: August 11, 2002 Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
9 0 0 0
Second Reading: August 14, 2002 ROLL CALL VOTE
To Mayor: Au gets t ~ ~ , ~ n n ~ AYES NOES ABS EX
Returned: August 2 8, 2 0 0 2 Arakaki X
Effective: Au~.u s t 2 8. 2 0 0 2 Chung X
Published: SPni-ember 11, 2002 Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
8 0 1 0
I DD HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. "
s
APF'ROVE® AS TO ~ ~j, ."~~~y
FORM AND LEGALITY: '
~ ~ CIL CHAIRMAN
'c`am,.
DEPUTY CORPORATION COUNS~C.
COUNTY OF ~IAWAII
TY CLERK
Date ~i~ ^?~~-3~, ~
242 (Draft 3)
_ _ Bill No.:
C-675.26/PC-Waived
Approv~,d/Disapproved [his Z ~ ~ ~Qy Reference:
Ord No.:
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