HomeMy WebLinkAboutBIL 021 Draft 01 2004-2006OFFICE INFORMATION ONLY
Meeting: Council — February 2, 2005
Action: Close file due of lack of majority aye votes. PC -5 was adopted.
Ayes: Arakaki, Holschuh — 2
Noes: Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, Safai. K-7
Absent: None
Re: Bill 21, (Comm. 64); PC - 5
COUNTY OF HAWAII;
ORDINANCE NO.
STATE; OF, FTAWA.1 I
BILL NO. 21
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 1 -ACRE (A - la)
TO SINGLE FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS -15) AT KEALAKEHE
HOMESTEAD LOTS, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY
7-4-4:80-83.
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 Kealakehe Homestead
Lots, North Kona, Hawaii shall be Single Family Residential — 15,000 square feet
(RS -15):
1,0T is
Beginning at a point at the Southeast corner of this parcel of land being the
Southwest corner of Lot 4, along the Northerly side of a Government Road Reserve, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "KAILUA" (North Meridian) being 11,847.03 feet North and 4,551.21 feet East
and running by azimuths measured clockwise from True South:
1. 1050 18' 00" 136.02 feet along the Northerly side of the
Government Road Reserve to a
point;
2. 2010 36' 30" 267.24 feet along Lot 6 to a point;
3. 2520
15'
30"
39.90 feet
along Lot 6 to a point;
4. 2420
35'
34"
45.00 feet
along Lot 6 and Easement R (Part 6)
to a point;
5. 2030 13' 19" 45.00 feet along Lot 10 and Easement R
(Part 10) to a point;
Thence, along Lot 12, along a curve
to the right having a radius of 45.00
feet, the chord azimuth and distance
being:
6. 3120 28' 28" 29.68 feet to a point;
Thence, along Lot 12, along a curve
to the left having a radius of 40.00
feet, the chord azimuth and distance
being:
7. 3110 40' 04" 27.44 feet to a point;
S. 2910 36' 30" 20.06 feet along Lot 12 to a point;
9. 210 36' 30" 336.56 feet along Lot 4 to the point of beginning
and containing an area of 1.001 acre.
LOT 6:
Beginning at a set `PK' nail at the Southeast corner of this parcel of land being the
Southwest corner of Lot 5, along the Northerly side of a govenuncsrt Road Rcscrac, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "KAILUA" (North Meridian) being 11,882.93 feet North and 4,420.01 feet East
and running by azimuths measured clockwise from True South:
050 18' 00" 132.05 feet along the Northerly side of the
2. 1360 20' 45"
3. 1770 28' 38"
Government Road Reserve to a set
`PK' nail in concrete;
16.66 feet along the Northerly side of
Government Road Reserve to a
found nail in cut cross on face of
rock wall;
164.29 feet along Lot 16 of the Kealakehe
Homestead Lots, Map 11, along
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Grant 6273 to A. Nauupahee to a set
pipe in concrete;
4. 2570 03' 30" 285.17 feet along Lot 7 to a set `PK' nail in
asphalt;
5. 2610
46'
40"
45.00 feet
along Lot 7 and a portion of
Roadway Easement R (Part 6) to a
set `PK' nail in asphalt at centerline
roadway;
6. 620
35'
34"
45.00 feet
along Lot 5 and a portion of
Roadway Easement R (Part 5) to a
set rebar-cap in concrete;
7. 720
15'
30"
39.90 feet
along Lot 5 to a set `PK' rock in
concrete;
8. 210
36'
30"
267.24 feet
along Lot 5 to the point of beginning
and containing an area of 1.0001
acres.
LOT 7:
Beginning at a set `PK' nail at the Easterly corner of this parcel of land being the
common comer of Lots 6, 7, 8, 9 and 10 at the centerline of Easement R, the coordinates
of said point ofbeginning referred to Government Survey Triangulation Station
`KAILUA" (:Forth Nicridian) being 12,164.26 feet North and 4,596.37 feet East and
running by azimuths measured clockwise from True South:
1. 81 ° 46' 40" 45.00 feet along Lot 6 and Easement R (Part 6)
to a set `PK' nail in asphalt;
2. 770 03' 30" 285.17 feet along Lot 6 to a set pipe in concrete;
3. 1770 28' 38" 197.25 feet along Lot 16 of the Kealakehe
Homestead Lots, Map 11, along
Grant 6273 to A. Nauupahee to a set
pipe in concrete;
4. 2740 54' 15" 240.73 feet along Lot 8 to a set rebar-cap in
concrete;
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5. 3170 20' 15" 95.20 feet along Lot 8 to a set rebar-cap in
concrete;
6. 3230 29' 23" 45.00 feet along Lot 8 and Easement R (Part 8)
to the point of beginning and
containing an area of 1.0003 acres.
LOT 8:
Beginning at a set `PK' nail at the Southeasterly comer of this parcel of land being
the common corner of Lots 6, 7, 8, 9 and 10 at the centerline of Easement R, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "KAILUA" (North Meridian) being 12,164.26 feet North and 4,596.37 feet East
and running by azimuths measured clockwise from True South:
1. 1430 29' 23" 45.00 feet along Lot 7 and Easement R (Part 7)
to a set rebar-cap in concrete;
2. 1370 20' 15" 95.20 feet along Lot 7 to a set rebar-cap in
concrete;
3. 940 54' 15" 240.73 feet along Lot 7 to a set pipe in concrete;
4. 1770 28' 38" 129.00 feet along Lot 16 of the Kealakehe
Homestead Lots, Map 11, along
Grant 6273 to A. Nauupahee to a set
rebar-cap in concrete;
5. 2730 18' 02" 301.40 feet along Lot 9 to a set rebar-cap in
concrete,
6. 3530 12' 30" 196.48 feet along the `Pole' of Lot 9 to a set
rebar-cap in concrete;
7. 3430 37' 34" 45.00 feet along Lot 9 and Easement R (Part 9)
to the point of beginning and
containing an area of 1.0045 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:
M
(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, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this change
of zone.
C. Final Subdivision Approval shall be secured from the Planning Director within
five (5) years from the effective date of this ordinance.
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 a second dwelling unit and condominium property regimes on
each lot. 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.
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E. Any vehicular gate shall be set back a minimum of 60 feet from the existing right-
of-way line of Palani Road.
F. All development -generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be submitted prior
to the issuance of a grading permit, and the recommended drainage system shall
be constructed meeting with the approval of the Department of Public Works.
G. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
H. 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.
Construction activities shall comply with the provisions of Chapter 11-46,
Community Noise Control, Hawaii Administrative Rules, Department of Health,
which monitors construction noise levels and exhaust from construction
equipment.
J. 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 clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
K. The applicant shall prepare a Solid Waste Management Plan for the development
meeting with the approval of the Department of Environmental Management.
M
L. 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 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 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 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 four (4)
additional single-family residential units, the indicated total of fair share
contribution is $38,685.71 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. The fair share contribution shall be allocated as follows:
$4,663.74 per single family residential unit for four (4) single family
residential units for an indicated total of $18,654.96 to the County to
support park and recreational improvements and facilities;
2. $224.98 per single family residential unit for four (4) single family
residential units for an indicated total of $899.92 the County to support
police facilities;
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3. $444.36 per single family residential unit for four (4) single family
residential units for an indicated total of $1,777.44 to the County to
support fire facilities;
4. $194.55 per single family residential unit for four (4) single family
residential units for an indicated total of $778.20 to the County to support
solid waste facilities;
5. $4,143.81 per single family residential unit for four (4) single family
residential units for an indicated total of $16,575.24 to the State or County
to support road and traffic improvements.
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.
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 Fee
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:
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, 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.
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).
O. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the 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.
0
SECTION 4. This ordinance shall take effect upon its approval.
TRODUCED BY:
72� , CQLTNTY OF WAI`I
COUNCIL MEMBER, CO OF HAWAII
Hawaii
Date of Introduction: February 2, 2005
Date of 1st Reading: February 2, 2005
Date of 2nd Reading:
Effective Date:
RFFER_NCE: Coma: , 4
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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 -1a)
TO SINGLE-FAMILY RESIDENTIAL (RS -15)
AT KEALAKEHE HOMESTEAD LOTS, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-4-004:080-083 (INCLUSIVE) Date: September 20, 2004
CVLJI MIT 44A44
(HO'AWE LLC: 1139)