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Home My WebLink AboutBIL 095 Draft 01 1996-1998 .' - i .. . . <.I/VI-~> COUNTY OF HAWAII STATE OF HAWAII BILL NO. 95 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-1a) TO SINGLE F AMIL Y RESIDENTIAL (RS-15) AT KALAOA 4TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-5:104. 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 Kalaoa 4th, North Kona, Hawaii, shall be Single Family Residential (RS-15): Beginning at the east comer of this parcel of land, the north comer of Lot 5-C-4 and on the southwest side of Road A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA" being 6,399.71 feet south and 11,037.76 feet west and running by azimuths measured clockwise from true south: 1. 350 18' 50" 260.14 feet along Lot 5-C-4; 2. 1520 47' 08" 263.93 feet along Lot 5-C-2; 3. 2420 47' 08" 184.54 feet along Lot 5-C-2; 4. Thence along Lot 5-C-2, along a curve to the right having a radius of 10.00 feet, the chord azimuth and distance being: 2860 25' 13.80 feet; 4'1- /01 , . . . .' 5. Thence along Road A, along a curve to the left having a radius of325.00 feet, the chord azimuth and distance being: 3170 40' 51 " 139.21 feet to the point of beginning and containing an area of 1.000 acre. 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, successors or assigns shall be responsible for complying with all of the stated conditions of approval. 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 Subdivision Approval of the proposed residential subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access to the lots for the proposed subdivision shall be constructed, meeting with the approval of the Department of Public Works.' All lots shall be accessed from one common access road. The sight distance shall meet the requirements of the Statewide Design Manual. Improvements within the proposed subdivision shall include underground utilities. E. Drainage improvements, if required, shall be constructed in a manner meeting with the Department of Public Works in conjunction with Final Subdivision Approval. -2- , . . . F. Restrictive covenant in the deeds of all the proposed residential lots within the subject property shall prohibit the construction of an ohana dwelling or a second dwelling unit on each lot. A copy of the proposed covenant shall be submitted to the Planning D~partment for review and approval .,rior to the issuance of Final Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County in conjunction with the issuance of Final Subdivision Approval for any portion of the subject property. A copy of the recorded document shall be filed with the Planning ^, ' Department upon its rec;eipt from the Bureau of Conveyances. G. 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 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. H. 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 final subdivision approval of any portion of the, subject property or withi~ five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair -3- l . . . 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). In lieu of paying the fair share contribution for other facility impacts, the applicant may construct such facilities related to park, fire, police and solid waste disposal facilities with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions. I. 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. J. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -4- . . . . 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). K. 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. -5- . . . . SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: I;?~~~~r' ~] i../ ,-:<" COUNCIL MEMBER, COUNTY OF HA WAIl Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REfEREblCEa Comm. APPROVED AS TO FORM AND LEGALITY 329 CORPORATION COUNSEL DATED: -6- . . . ~ \ I IItTRUjE NORTJH \ 0~ - A-2C. A-~. III( ~ L A 20. A-I. A-20. \ l_~ - Scale : 1" = 600' . r --T--- fr:rl---::::- A I. \ , BELT RO --:i.1.i.l C;N-2 ~ I ,.....-,-- A 0 A-I. - ...,..J ~v "W- ~~ ~ I \\ \ '" P. f--4 J-- ~ v..~roue\o - >-1- _ ___10 _ __ ~ J ~ H ,.... ::: Art-~. .-~ '--- A ~. A-Ii. j == ="'\ r- _ _ '-- _ - -li:. ~. A-I. - - L '-- I--- Ie. na _ RS-IO - --'11I =- 1 f--~._ - )-- "D:l_ :::-'..kl . 1 1 [---Ia L......, l Tit!! T- L --1 Ll-r-- , ~1J t: AGRICULTURAL (A-1 a) r - TO o ~A lj~ ~'- SINGLE FAMILY RESIDENTIAL ~ U .:: (RS-15) ~ ..L p1:iJ;;a ~ // AREA : 1 ACRE "-- f-- """..c-.. I' I - .J--/- h- --rj;P-- - LA-I. '- I ...,- ./ , ~ - / Ok!!. :- L VI-L , _S"T- --- "-..,1 lA- :) . A I. - 1"L.U ~ _ ;)--.-r ./ T _,.... _ \ ~o .,. :- c: -~( "'\ \ o III ." t<' " _----1 III A-I. l IfrJ:. ~ -;:::::: A 17. ::::::::J~ III - ,o~ t- o '- / I _ -;;l~ I'" "--- : _ ---1-::-1 I J-- A-I. IIIit--;:; A 17 A-I. X' J ,---t TO THE ZONING CODE ~ I 10 Il.OIIUO po - - - - A-~. -- - - - - - -/_ A-lj~ -- -- - ---' - ~ f-- _ - - - - ~-~. r- _ - ?- - ----1 ---...J A-~. . ~ r--- RS-IO DJr--1- IJ!= ~ -:J r-- ,-7 -.:r i--- - L-</ f--- ..." -<.~.........c" (,U - f--- - >--- :J\- = I ( -W = -r-J --/ - - A-~. ~ - - '- - ~~ Ct)~ ~ '----J "' -- 6.399.71 S -' I 11,037.76 W~ A-lj. _... ftMOANUIAHIX" ...." - -I. A-~. - - J ~~ -1 l- o~ ...." A-lj. - -I--- - .-- ---1 ~AfjEE6 .... I AMENDMENT 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 KALAOA 4TH, NORTH KONA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF' HAWAII EXHIBIT "A" FEBRUARY 26, 1997 (BRIAN MCCOURT) (REZ) TMK : 7-3-5:104