HomeMy WebLinkAboutORD 2009-008 2008-2010
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COUNTY OF HAWAII STATE OF HAWAII
M. .
BILL NO. 322
(Draft 3)
ORDINANCE NO. 09 8
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE
8, CHAPTER 25 (ZONING CODE) OF THE HAW.AI`I 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 KAPALAALAEA 2ID, NORTH KONA, HAWAI`1. 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 2nd, North
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Kona, Hawaii, shall be Single Family Residential - 7,500 square feet (RS ?.5):
Beginning at a found 1/2" iron rebar, being the Northwest corner of this herein-
deacribed tract of land, being the Southeast corner 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. Kalama:
1. 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):
2. 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 `/2" 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:
Thence for the next nine (9) courses following along Keauhou View Estates Phase V I
(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° 05' 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. 2370 03' 00" 34.58 feet to a found nail;
22. 229° 36' 00" 15.00 feet to a found nail;
23. 238° 39' 00" 3.04 feet to a found nail in the West line of Parcel
18, being Kahului-Keauhou Parkway;
Thence for the next two (2) courses following along said Parcel 18.. being Kahului -
Keauhou Parkway Ali`i Parkway):
24. 354° 55' 57" 47.45 feet to a found nail;
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25. 355' 15' 00" 496.27 feet io a found Yz" iron pipe in concrete at
the middle of a stone wall;
Thence for the next twenty-six (26) courses following along the middle of a stone wall,
along Royal Patent No. 6856, Land Commission Award 7713, Apana 6 to V. Kamamalu:
26. 70° 06' 21" 35.73 feet to a found nail;
27. 74° 25' 57" 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' 01" 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;
3 7. 740 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' 54" 20.96 feet to a found nail;
41. 71 ° 59' 42" 13.61 feet to a found nail;
42. 73° 26' 45" 32.81 feet to a found nail;
43. 67° 05' 11" 93.29 feet to a found nail;
44. 73° 03' 53" 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;
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47 61° 33' 46" 20.42 feet to a found nail;
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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 Yz" rebar with ca
it 5 p;
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 1/2" rebar 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 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 1983 (2005
Edition), the County Council finds the following conditions are:
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(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 all
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
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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
j proposed subdivision's owners' association. Additionally, the applicant shall
provide the recreational area with its own water meter and adequate water to serve
park visitors, and support grass and landscaping. This recreational area shall not
diminish the applicant's commitment to provide additional recreational areas and
the requirements under Condition U herein. The applicant shall provide a
minimum of a three-acre, public neighborhood park sufficient in size and quality
to create a playing field for team sports such as baseball, football, and/or soccer
on another parcel of land within one-quarter mile of this proposed project and all
attributes and location of the neighborhood park shall be at the sole discretion of
the Department of Parks and Recreation, and an additional two acres of mews on
the same parcel as the three-acre, public neighborhood park. The mews may be
private park area and shall be owned and maintained by the owner's association.
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 Standards 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 architect.
E. Final subdivision approval for the first subdivision phase shall be secured within
five (5) years from the effective date of this ordinance. The first subdivision
phase shall be defined as consisting of up to fifty (50) lots.
F. Access to the development shall meet with the approval of the Department of
Public Works. Access to the future Kahului-Keauhou Parkway 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 Parkway may be
installed if allowed by the Department of Public Works. The applicant shall
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 read from Ali`i 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
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minor or local street and may allow direct access from individuai lots, and shall
be dedicated to the County upon completion. It shall include a dedicated left turn
lane at the Ali`i 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). All construction required in Alternative 1 herein shall be
completed or bonded before final subdivision approval for the first phase of the
proposed project, or
Alternative 2: Provide concrete curbs, gutters, sidewalks, and appropriate
drywells for drainage control from the proposed development along the mauka
side of Naniloa Street to Queen Kalama Street and then from Naniloa Street along
the south side of Queen Kalama Street to Ali'i Drive. These improvements shall
include any necessary pavement widening retaining structures, signs, traffic
markings, and streetlights, drainage improvements, and relocation of utilities
meeting with the approval of the Department of Public Works. All construction
required in Alternative 2 herein shall be completed or bonded before final
subdivision approval for the first phase of the proposed project.
I. Within the project area, the applicant shall provide:
(1) A connection to Naniloa Street to the north.
(2) One road stubout to the adjoining property to the south (TMK: 7-8-010:004).
This stubout shall be sufficiently mauka in the proposed subdivision to avoid the
Historical Preserve Area on TMK: 7-8-010:004. This stubout shall eventually
connect to a mauka-makai connector road within TMK: 7-8-010:004 that shall
intersect with the Kahului-Keauhou Parkway. This stubout shall be completed
with the first subdivision phase of the proposed project even if insufficient water
commitments are available to complete the entire project.
(3) One stubout to the adjoining property to the west (TMK: 7-7-008:001) unless
the applicant chooses to build Alternate 1 under Condition H.
(4) Concrete curbs, gutters, appropriate drywells, and sidewalks for all streets
within the proposed project which shall meet the. County dedicable standards of
the Department of Public Works.
(51 Streets and stubouts within the proposed project that shall be constructed to
County dedicable standards and shall be dedicated to, and accepted by, the
County upon completion; and
(6) Crosswalk(s) as determined by the Department of Public Works.
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
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Works prior to receipt of Final Subdivisiur. Approval. The drainage study shall
include potential impacts from the Kahului-Keauhou Parkway culverts.
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L. The proposed subdivision shall connect to the County sewer system. Any new
sewer extension to the public sewer system requires the submittal of a sewer study
by the applicant to the County of Hawaii Wastewater Division (COH-WWD).
The sewer study is intended to define the wastewater flow contribution from the
proposed site, evaluate the impact to the existing sewer system, and propose an
appropriate sewer extension alignment based on the results of the sewer study.
The sewer study shall be prepared in accordance with the City & County of
Honolulu Design Standards. Design plans for construction of a proposed sewer
extension shall also be submitted to the COH-WWD for review and approval.
Documents shall be prepared in accordance with Hawaii County Code, Chapter
21 - Sewers, Hawaii Administrative Rules, Title 11, Chapter 62 - Wastewater
Systems, and COH-WWD Sewer Standards.
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 giver: to
prospective purchasers, shall inform prospective owners of the following: "Plans
for the area involve the construction of the Kahului-Keauhou Parkway within a
right-of-way shown on the attached map. The 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 area 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.
0. During construction, measures shall be taker_ to minimize the potential of both
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fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the State of Hawai'i
P. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
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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.
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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 are finalized. A copy of the approved Burial Treatment Plan
shall be submitted to the Planning Director prior to the issuance of any land
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alteration permits.
S- Should any undiscovered remains of historic sites, such as rock walls, terraces,
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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 mitigation measures have been
taken.
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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. Prior to
final subdivision approval, applicant shall have entered into an agreement with the
county in a form approved by the Administrator of the Office of Housing and
Community Development for satisfaction of its requirement under Chapter 1 i and
shall have provided security to the county, which security shall be in a form that is
acceptable to the county in its sole discretion, for full satisfaction of its affordable
housing requirement.
U The applicant shall make its fair share 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 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 years 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 share
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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;
• $267.66 per single-family residential unit to the County to support police
facilities;
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• $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 share contribution, the applicant may contribute land
i 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 outside of the proposed
subdivision in the amount of the costs of construction as described in 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 are not
required.
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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:
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).
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.
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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:
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COUNCIL MEMBER, COUNTY OF HAWAII
Kona Hawaii
Date of Introduction: January 7, 2009
Date of I st Reading: January 7, 2009
Date of 2nd Reading: January 23, 2009
Effective Date: February 9, 2009
REFERENCE, Comm. 62.12
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7.
RS-75
R -15
Q
R -1
S-1
Q
P 7
•7.
A-5a
11,680.76S
5,565.64 E
"KAHELO"A
A-5a
RS-7.5 RM4.5 RMJ.5 I '
AGRICULTURAL 5 ACRES (A-5a) -
TO SINGLE-FAMILY RESIDENTIAL
7,500 SQUARE FEET RS-7.5
11.05 ACRES RS-10
14
RMJ.5 OPEN RM4.5
T 5
0 475 950 1,9oo 2.850 3,eao
Feet
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 KAPALAALAEA 2ND, NORTH KONA, HAWAII
MAP PREPARED BY-
K:7-7-008:121 COUNTY OF HAWAII PLANNING DEPARTMENT DATE: November 26200
EXHIBIT "A" (Kona Helghts, LLC:1241)
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:tt(.uvni t '
Ylme_ y-
Date OFFICE OF THE COUNTY CLERK z By
o
County of Hawaii county Coundl
Kona, Hawaii
(Draft 2)
Introduced By: Donald Ikeda ROLL CALL VOTE
Date Introduced: January 7, 2009 AYES NOES ABS EX
First Reading: January 7, 2009 Enriques X
Published: January 16, 2009 Ford X
Greenwel I X
REMARKS: Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto X
Second Reading: January 23, 2009 5 3 1 0
To Mayor: February 2, 2009
(Draft 3)
Returned: February 9, 2009 ROLL CALL VOTE
Effective: February 9, 2009 AYES NOES ABS EX
Published: February 19, 2009 Enriques X
Ford X
REMARKS.
Greenwell X
Hoffinann X
Ikeda X
Naeole X
- Onishi X
Yagong X
Yoshimoto x
8 1 0 0
1 DU HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGA ITY:
COUNCIL CHAIRPERSON
DE PUT C RPORATION COUNSEL
COT t 0 HAWAII
Date F E D p J q 2001 COUNTYCLERK
~
Bill No.: 322(Draft 3)(2006-2008)
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C-62.12/PC-2
.4pprvrvr ' u provedthi' l-" day Reference:
Ord No.: 09 8
20 Q
MAYOR, COUNTY OF HAWAII
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