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Home My WebLink AboutBIL 062 Draft 01 1994-1996 .- . . < / /.2f ;<I!/d-/-J'- /' COUNTY OF HAWA~I~,_ '>~:STATE OF IIAWAII BILL NO. 62 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KAHALUU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-8-10:PORTION OF 50. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of pr0perty described hereinafter as follows: The district classification of the following area situated at Kahaluu, North Kona, Haw&ii, shall be Single Family Residential (RS-15): Beginning at thE West corner of this parcel of land, on the Northeasterly side of Keali'i Street, the coordinates of said point of beginning referred to Goverlill~nt Survey Triangulation Station "KEAUHOU COAST" being 9,745.88 feet North and 3,838.91 feet East, thence running by azimuths measured clockwise from True South: 1. 2460 30' 742.56 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; 2.296030' 243.79 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; 3. 170 II' 30" 344.19 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; ~ld 16, " . . 4 . Thence along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu, on a curve to the left with a radius of 995.00 feet, the chord azimuth and distance being: 3580 46' 30" 628.69 feet; 5. 3400 21' 30" 618.70 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; 6. 350 00' 68.40 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; 7. 1250 00' 617.28 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu, and the Northeasterly side of Keali'i Street; 8. Thence along the Northeasterly side of Keali'i Street, on a curve to the right with a radius of 970.00 feet, the chord azimuth and distance being: 1470 32' 743.45 feet; 9.170004' 433.96 feet along the Northeasterly side of Keali'i Street to the point of beginning and containing an Area of 21.319 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns, shall be responsible for complying with all of the stated conditions of approval. -2- . . B. Final Subdivision Approval for the proposed subdivision development shall be secured from the Planning Director within five (5) years from the effective date of the Change of Zone ordinance. C. All interior subdivision roadways shall be constructed to County dedicable roadway standards meeting with the approval of the Department of Public Works. D. Access to the project site from Kealii Street and/or Kaluna Street shall meet with the requirements of the Department of Public Works. None of the subdivided lots within the proposed subdivision shall have direct access to Kealii Street. E. Curb, gutters and sidewalks, constructed to residential standards, shall be provided along the entire Kealii-Kaluna Street frontage of the project site, exclusive of access point(s), prior to the issuance of Final Subdivision Approval. F. As agreed to by the applicant, restrictive covenants in the deeds of all the proposed residential lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision -3- \' . . Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances and a copy of the recorded covenant filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. To ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall comply with the requirements of the Park Dedication Code of the Hawaii County Code, prior to the issuance of Final Subdivision Approval. H. In lieu of actual improvements, applicant may enter into an agreement with the County to assure the County that infrastructural improvements as specified within Conditions C, D and E will be constructed by way of a development agreement, surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and/or filing of the security with the County, Final Subdivision Approval for the proposed development may be granted prior to the actual construction of required infrastructural improvements. -4- . . I. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the subdivision development, which shall be consistent with the housing policy (Resolution No. 65, or its subsequent amendment) of the Hawaii County Housing Agency. This housing plan shall be approved by the County Housing Agency prior to Final Subdivision Approval of the proposed development; provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency. J. A final archaeological inventory survey report and mitigation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submittal of plans for subdivision review or any land alteration activities within the project site. The -5- . . applicant shall obtain written verification from the Department of Land and Natural Resources-Historic Preservation Division that the applicable portions of the approved plan have been properly executed, prior to the issuance of Final Subdivision Approval or commencing any land altering activities within the project site. K. Should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. L. A solid waste management plan, prepared in conformance with the requirements of the Integrated Solid Waste Management Plan, shall be submitted by the applicant to the Department of Public Works for review and approval prior to the issuance of Final Subdivision Approval. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -6- . . 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: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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; and 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. -7- . . SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Hi1o, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE: -8- "TAUe ~ NORTI't ~ SCALe: .".4foOCI' ~ UNPt...ANNeo (u) J<;!S-IS \"" \ " \'6 \'6 ,\tI \~ \ , , \ (u) ~-IS' eo KONA OOUNTR~ c~ue CSOL..F eouRse: o UNIOLANNeo (U)' eo AMENDMENT CODE AMeNCINS seCTION -::l5-87 (NORTH KONA 'ZONE MAP) ARTICL-E 3, cHAPTeR "25 ('ZON1NEi eooe) of THE HAII'IA11 COUNT'")' cope B~ CHANCSJNC5 THE' O'STRICT CL.AS5JFJCATIO,.... FROM UNPLANNED (U) TO 51NCSL-E' f=AMJL'"?' RESIDeNTIAL. (~S-I!5) A, KAHAL..UU, NORTH KONA, HANAII. PREPAReD BOY : Pt..ANN.NlS DEPARTMENT c::eUNT'Y f:'F HA~A'J ( TM K : 7- e - to = PORTION OF eo c.TA M. ~. , 'ell q 5" EXHIBIT .. A" (KAMEHAMElHA INVElSTME'NT eo~F. ) Ed \ t; '2- . ,