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HomeMy WebLinkAboutBIL 322 Draft 02 2006-2008COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 3zz (DRAFT 2) AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM ' AGRICULTURAL - 5 ACRES (A-Sa) TO SINGLE FAMILY RESIDENTIAL - 7,500 SQUARE FEET (RS-7.5) AT KAPALAALAEA 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-7-008:121. 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 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kapalaalaea 2"d, North Kona, Hawaii, shall be Single Family Residential - 7,500 square feet (RS-7.5): Beginning at a found %z" iron rebaz, being the Northwest comer of this herein- described tract of land, being the Southeast comer of Lot No. 2 of White Sands Beach Estates Subdivision (File Plan No. 1480) and the Southwest terminus point of Naniloa Street; the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 11,680.76 feet South and 5565.64 feet East, and running by azimuths clockwise, measured from true South: Thence for the next twenty-three (23) courses following along the middle of stonewall, along Land Commission Award No. 4452, Apana 2 to H. Kalamai 255° 22' 40" 175.85 feet along File Plan No. 1480 to a found "X" in rock; Thence for the next thirteen (13) courses following along Keauhou View Estates Phase I (File Plan No. 2268) and Phase III (File Plan No. 2275): 253° 26' 00" 46.03 feet to a found nail; 3. 254° 53' 00' 50.09 feet to a found nail; 4. 252° 43' 00" 65.74 feet to a found nail; 5. 256° 34' 00" 69.20 feet to a found nail; 6. 260° 02' 00" 42.91 feet to a found nail; 7. 255° 30' 00" 61.67 feet to a found nail; 8. 252° 41' 00" 24.74 feet to a found %z" iron pipe; 9. 252° 17' 00" 70.94 feet to a found nail; 10. 249° 00' 00" 22.68 feet to a found nail; 11. 245° 53' 00" 36.24 feet to a found nail; 12. 249° 31' 00" 41.22 feet to a found nail; 13. 246° 40' 00" 77.55 feet to a found nail; 14. 253° 11' 00" 60.37 feet to a found nail; Then ce for the next n ine (9) courses following along Keauhou View Estates Phase VI (File Plan No. 2316): 15. 253° 11' 00" 42.16 feet to a found nail; 16. 250° 48' 00" 71.12 feet to a found nail; 17. 241 ° 45' 00" 9.19 feet to a found nail; 18.. 249° OS' 00" 11.04 feet to a found nail; 19. 239° 25' 00" 22.98 feet to a found nail; 20. 234° 54' 00" 37.47 feet to a found nail; 21. 237° 03' 00" 34.58 feet to a found nail; 22. 229° 36' 00" 15.00 feet to a found nail; -2- 23. 238° 39' 00" 3.04 feet to a found nail in the West line of Parcel 18, being Kahului-Keauhou Parkway; Thence for th e next two (2) courses following along said Pazcel 18, being Kahului- Keau hou Parkway (Alii Parkway) : 24. 354° 55' S7" 47.45 feet to a found nail; 25. 355° 15' 00" 496.27 feet to a found''/z" iron pipe in concrete at the middle of a stone wall; Then ce for the next twenty-six (26) course s following along the middle of a stone wall, along Royal Patent No. 6856, Lan d Comm ission Awazd 7713, Apana 6 to V. Kamamalu: 26. 70° 06' 21" 35.73 feet to a found nail; 27. 74° 25' S7" 48.88 feet to a found nail; 28. 74° 55' 25" 48.63 feet to a found nail; 29. 74° 22' 26" 34.12 feet to a found nail; 30. 71° 41' 46" 17.54 feet to a found nail; 31. 79° 13' 10" 28.28 feet to a found nail; 32. 70° 50' 19" 17.01 feet to a found nail; 33. 71° 04' O1" 29.36 feet to a found nail; 34. 70° 11' 49" 42.74 feet to a found nail; 35. 65° 24' 10" 16.68 feet to a found nail; 36. 73° 04' 27" 39.19 feet to a found nail; 37. 74° 15' 41" 40.32 feet to a found nail; 38. 73° 52' 16" 85.80 feet to a found nail; 39. 69° 55' 37" 36.94 feet to a found nail; 40. 81 ° 19' S4" 20.96 feet to a found nail; -3- ~, 41. 71 ° 59' 42" 13.61 feet to a found nail; 42. 73° 26' 45" 32.81 feet to a found nail; 43. 67° OS' 11" 93.29 feet to a found nail; 44. 73° 03' S3" 24.94 feet to a found nail; 45. 72° 48' 22" 39.75 feet to a found nail; 46. 76° 08' 18" 17.99 feet to a found nail; 47. 61 ° 33' 46" 20.42 feet to a found nail; 48. 62° 19' 19" 36.10 feet to a found nail; 49. 65° 46' 32" 13.81 feet to a found nail; 50. 82° 14' 49" 19.81 feet to a found nail; 51. 65° 04' 39" 14.87 feet to a found nail; Thence for the next three (3) courses following along Lot No. 3-C, being the West line of this herein-described tract: 52. 150° 00' 00" 456.55 feet to a found %" rebar with cap; Thence, following a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 53. 160° 31' 00" 54.76 feet to a found %" rebaz with cap; 54. 171 ° 02' 00" 15.00 feet to the point of beginning and containing an area of 11.05 acres, more or less. All as shown on the m ap attached h ereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: -4- (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 successor or assigns shall be responsible for complying with ail stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department,of Water Supply within 180 days from the effective date of this ordinance. C. The applicant shall provide a recreational area of at least 5,000 square feet at the Naniloa Street end of the proposed subdivision, which shall be maintained by the owners' association for the proposed subdivision. D. The applicant shall implement and/or require implementation of water and energy conservation measures in the development of the houses within the proposed subdivision, utilizing measures similar to the LEED Standazds of the U.S. Green Building Council, which shall be binding on the owners of the association and owners of all lots in the proposed subdivision. Compliance with this condition shall be verified by a LEED certified azchitect. E. Final subdivision approval shall be secured within five (5) years from the effective date of this ordinance. F. Access to the development shall meet with the approval of the Department of Public Works. Access to the future Kahului-Keauhou Pazkway shall not be allowed unless approved the Department of Public Works. Vehicular access to individual lots shall not be permitted from the Kahului-Keauhou Parkway. A gated vehicular emergency egress to the Kahului-Keauhou Pazkway maybe installed if allowed by the Department of Public Works. The applicant shall -5- construct a pedestrian pathway connecting a street within the project to the multipurpose path on the Kahului-Keauhou Parkway. G. During the construction of the proposed subdivision, the applicant shall cause vehicular construction traffic to utilize an access route across the property to the west and/or south. H. The applicant shall provide road and traffic improvements as follows: Alternative 1: Construct a new alternate access road from Alii Drive to the project through currently vacant property to the west or south, meeting with the approval of the Department of Public Works. The road may be constructed as a minor or local street and may allow direct access from individual lots, and shall be dedicated to the County upon completion. It shall include a dedicated left tum lane at the Alii Drive intersection. The road shall connect with a street in the project that provides a further stubout to the adjacent property to the south (TMK: 7-8-010:004). Alternative 2: Construct improvements at the intersection of Alii Drive and Queen Kalama Street or La`aloa Avenue, including alert-turn lane from Alii Drive into Queen Kalama Street or La`aloa Avenue, and including any necessary pavement widening, retaining structures, relocation of utilities, and improvement of sight distance at the intersection. I. Within the project area, the applicant shall provide two road stubouts to the adjoining property to the south (TMK: 7-8-010:004), connect to Naniloa Street to the north, and, if Alternative 2 is chosen, shall provide one stubout to the adjoining property to the west (TMK: 7-7-008:001). Unless otherwise allowed by the approval of a Planned Unit Development Permit for the proposed subdivisioh, all streets within the project shall be constructed with curbs, gutters, and sidewalks. Any streets that are part of a route providing connections between Naniloa Street, Alii Drive, and the adjacent property to the south (TMK: 7-8- 010:004) and to the west (TMK: 7-7-008:001) shall either be constructed to County dedicable standards or as otherwise required by the Planned Unit Development Permit, and shall be dedicated to, and accepted by, the County upon completion. J. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. K. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to receipt of Final Subdivision Approval. The drainage study shall include potential impacts from the Kahului-Keauhou Parkway culverts. -6- L. The proposed subdivision shall connect to the County sewer system. M. The applicant and its successors in interest shall be responsible for any noise abatement measures For the subject property, which may be required to qualify the Kahului-Keauhou Parkway for Federal funding. Until the completion of the Kahului-Keauhou Parkway through the subject property, covenants in all deeds to subject property, including deeds to individual units and to any lots subdivided from the subject property, and promotional and sales materials given to prospective purchasers, shall inform prospective owners of the following: "Plans for the azea involve the construction of the Kahului-Keauhou Parkway within a right-of--way shown on the attached map. T'he Kahului-Keauhou Parkway will be a major highway that is expected to carry a high volume of traffic. The County of Hawaii has determined that the construction of this highway is important to the proper development of Kona as a whole. The construction of the Kahului- Keauhou Parkway will create noise, dust, and other impacts. The contractor building the Parkway will be required to follow some regulations to reduce noise and dust, but some impacts will occur. After completion, traffic on the Kahului- Keauhou Parkway will cause noise and other effects that must be expected from a busy roadway. A prospective purchaser who cannot accept the future construction of the Kahului-Keauhou Parkway in this area is advised to seek another azea to reside. This property was rezoned on condition that if noise abatement measures between the Parkway and adjacent residences in this project must be taken to qualify the Kahului-Keauhou Parkway project for Federal funding, the residential owners would be required to pay for the noise abatement." The sales materials and covenants do not have to follow the exact wording of this condition but shall inform the prospective purchasers of the substance of this condition. N. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. O. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standazds and practices utilized during construction projects of the State of Hawaii. P. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. Q. A Data Recovery Plan for the two sites recommended for preservation (Sites 24842 and 24534) shall be submitted to the DLNR-HPD for review and approval. A landscaped buffer shall be constructed around the sites. -7- R. A Burial Treatment Plan for Site 24842 shall be submitted for the review and approval of the Planning Director in consultation with the DLNR-HPD and Hawaii Island Burial Council. The proposed mitigation treatment for the burial site shall be approved by the Hawaii Island Burial Council before detailed mitigation plans aze finalized. A copy of the approved Burial Treatment Plan shall be submitted to the Planning Director prior to the issuance of any land alteration permits. S. 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-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an azchaeological cleazance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. T. 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 Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. U. The applicant shall make its fair shaze contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair shaze 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 Plan Approval or within five yeazs from the effective date of this amended 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 shaze 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 the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $11,506.13 per single-family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: $5,548.46 per single-family residential unit to the County to support park and recreational improvements and facilities; -8- • $267.66 per single-family residential unit to the County to support police facilities; • $528.66 per single-family residential unit to the County to support fire facilities; • $231.45 per single-family residential unit to the County to support solid waste facilities; • $4,929.90 per single-family residential unit to the County to support road and traffic improvements; In lieu of paying the fair shaze contribution, the applicant may contribute land and/or construct 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 review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. The applicant shall receive a credit against the fair share contribution required for road and traffic improvements in the amount of the costs of construction of the intersection and left turn improvements at Alii Drive under Alternative 1 or Alternative 2 of Condition H herein. V. 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. W. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. X. An annual progress report shall be submitted to the Planning Director prior to the effective date of the ordinance. The report shall include, but not be limited to, the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports aze not required. Y. An initial extension of time for the performance of conditions within this ordinance may be granted by the Planning Director upon the following circumstances: -9- 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 aze 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. 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 yeaz may be extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property 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. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Conan. 62 -10- N 5 f$ N z RS-7.5 R -15 Q R -1 S-1 e 7 A -7. A-Sa 11,680.78 S 5,585.81 E 'KAHELO"A A-Sa i~'~~'--I7I \ RMd.S RM.3.5`/' ~ RS7.5 AGRICULTURAL 5 ACRES (A-Sa) __ TOSINGLE-FAMILY RESIDENTUIL ~ 7 500 S UARE FEET RS•7.5 11.05 ACRES Rs-fo a OPEN RMJ.S RM.i.S a '!• m 5 0 475 950 1,000 2,850 3,800 feat 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 5 ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL 7,500 SQUARE FEET (RS-7.5) AT KAPALAALAEA2ND, NORTH KONA, HAWAII MAP PREPARED BY' :7-7-ooe:727 COUNTYOF HAWAII PLANNING DEPARTMENT ~ onie: November zs zoo EXHIBIT "A" (Kona Heights, LLC:1241)