HomeMy WebLinkAboutORD 1997-056 1996-1998 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 48
(Draft 3)
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ORDINANCE NO._
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY ('ODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO
SINGLE FAMILY RESIDENTIAL (RS-10) AT KALAOA 4TH, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-3-10:37.
BE IT ORDAINED BY THE COiTNCIL OF THF, COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii Countv
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-10):
Beginning at the Northeasterly corner of this parcel of land, being also the
Northwesterly corner of Lot 47-B-1 of this subdivision and being a point on the Southerly
side of the Alanui Kauhini (Government Road), the coordinates of said point of
beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being
6,099.80 feet South and 14,461.33 feet West and running by azimuths measured
clockwise from True South:
1. 4° 00' 510.10 feet along Lot 47-B-1 of this subdivision
and along the remainders of Lot 47-B and
Grant 3750 to Kahananui to a point;
2. 99° 20' 906.51 feet along Lots 89, 88, 79, along the
Northerly end of Holoholo Street, along
Lots 188, 187, 186, 185, 184 and 183 of
Kona Palisade, Unit II (File Plan 1087) and
along Grant 2972 to Kaapau and Kama to a
point:
3. 89° 31' 389.76 feet along Lots 183, 182, 181, 180, 179 and
178 of Kona Palisade, Unit 11 (File Plan
1087) and along Grant 2972 to Kaapau anr`
Kama to a point and passing over a spike
(Found) at 344.00 feet;
4. ] 81 ° 52' 20" 213.42 feet along Government Land (State of
Hawaii) to a point;
Thence, for the next three (3) courses following along the Southerly side of the
Alanui Kauhini (Government Road):
5. 262° 31' 763.06 feet to a point;
6. 263° 59' 468.25 feet to a point;
7. 267° 52' 30" 90.70 feet to the point of beginning and containing
an arca of 10.2830 Acres.
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. The subject property shall be subdivided in two increments. The first increment
shall consist of a maximum of twenty-four (24) lots based upon the units of
water available and committed to the applicant by the Department of Water
Supply. Subdivision for the second increment shall be submitted only after the
Department of Water Supply grants to the applicant the necessary water
commitments for each of the proposed lots of the second increment. No
variance from the minimum water requirements for airy portion of the subject
property shall be granted.
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D. Final Subdivision Approval of the proposed residential subdivision within the
subject property shall be secured from the Planning Director within five (5) years
from the effective date of this ordinance.
E. Restrictive covenant in the deeds of all proposed residential lots within the subject
property shall prohibit the construction of an ohana dwelling or a second dwelling
on each lot. A copy of the proposed covenant 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 Approval. A copy of the approved
covenant shall be recited in an instrwnent executed by the applicant and the
County and recorded with the Bureau of Conveyances in conjunction with the
issuance of Final Subdivision Approval for any portion of the subject properly. 4
copy of the recorded document shall be provided to the Planning Department
upon its receipt from the Bureau of Conveyances.
F. In conjunction with Final Subdivision approval for any portion of the subject
property, Holoholo Street shall be extended through the subject property to
connect with Nana Street and constructed to dedicable standards with paved
swales, meeting with the approval of the Department of Public Works. This
roadway connection from the dedicated portion of Holoholo Street to Nana Street
shall be dedicated to the County of Hawaii upon completion.
G. Access to all lots within the proposed subdivision shall meet with the approval of
the Department of Public Works. Improvements within the proposed subdivisiou
shall include underground utilities.
H. Drainage improvements, i f required, shall be constructed meeting with the
approval of the Department of Public Works in conjunction with Final
Subdivision Approval.
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I. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, he 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.
J. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation, tire,
police, solid waste disposal facilities, and roads. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. if the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each increment
shall be a sum calculated in the same manner according to the number of
additional proposed residential lots in each such increment. The fair share
contribution may be in a form of cash, land, facilities, or any combination thereof
acceptable to the director in consultation with the affected agencies. The fair
share contribution shall have a maximum combined value of $7,239.16 per lot.
Based upon the applicant's representation of intent to subdivide and develop up
to thirty-four (34) residential lots, the indicated total fair share contribution is
$246,131.44, however, the total amount shall be increased or reduced in
proportion with the actual number of subdivided lots according to the
calculation and payment provisions set forth in this Condition J. The fair share
contribution shall be allocated as follows:
I. $3,490.85 per lot, for an indicated total of $118,688.90 to the County ~o
support park and recreational improvements and facilities;
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2. $168.40 per lot, for an indicated total of $5,725.60 to the County to
support police facilities;
3. $332.61 per lot, for an indicated total of $11,308.74 to the County to
support fire facilities;
4. $145.62 per lot, for an indicated total of $4,951.08 to the County to
support solid waste facilities;
5. $3,101.68 per lot, for an indicated total of $105,475.12 to the State or
County to support road and traffic improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation, fire, police, solid wash,
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the segment of roadway which establishes a roadway connection
between Holoholo and Nana Streets (exclusive of interior subdivision roads), as
set forth in Conditions F, shall be credited against the sum specified in
Condition J(5) for road and traffic improvements. For purposes of
administering Condition J, the fair market value of land contributed for such
roadway segment and the cost of constructing its improvements shall be subject
to the review and approval of the director, upon consultation with the
appropriate agencies.
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K. To ensure that the goals and policies of the Housing Element of the General Play i
are implemented, the applicant shall secure the concurrence of the Office of
Housing and Community Development that the applicant's affordable housing
requirements, if any, have been mutually agreed to prior to Pinal Subdivision
Approval for any portion of the subject property.
L. 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.
M. 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 Toning 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).
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N. 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED J.3Y:
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~Q{JN IL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 19, 1997
Date of 1st Reading: March 19, 1997
Date of 2nd Reading: April 2, 1997
Effective Date: April 7, 1997
APPROVED AS TO FORM AND LEGALITY
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DLPU7Y CORPORATION COUNSEL
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DATED: i ;~i
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (i:ONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT KALAOA 4TH, NORTH
KONA, HAWAII.
PREPARED BY :PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-3-10:37 JANUARY 8, 1997
(NONA SCENIC LAND, INC.)
EXHIBIT 'A" (aEZ>
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
(DRAFT 3f)'r
3R(~i . ('~L41?OTE
AYES NOES ABS EX
Introduced By: Bobby Jean Leithead-Tcxlr7 Arak _l , -
Date Introduced: March 19, 1997 Chuno X
First Reading: March 19, 1997 '
Published: March 27, 1997 Leithead-Todd X
Ray X
REMARKS: Reynolds X
Santangelo X _
Smith X
Tyler X
Yagong X
9 0 0 ~ 0
ROLL CALL VOTE
Second Reading: April 2, 1997 AYES NOES ABA-
To Mayor: Anril 3, 1997
Returned April 7, 1997 Arakaki X I
Effective: April 7, 1997 Chuno X
Published April 15, 1997 Leithead-Todd X _
Ray _ X
REMARKS: Reynolds X
_ Santan elo g
_ - Smith X _
- T ler X
Ya on X
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I DD HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published .rs
indicnted a6oZe. APPIIOVED A$ TO
F~M AN/D L~LITY;
_~„^-~,L~r.-~-G~-- ~ ci<+w.~.-.. O C(L CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNfY OF HAWAII
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paro ~"~/''~1~~ / CO LINTY CLERK
Approved/Binnewpproved this 7 day
of E.+~~>`L , 19~.
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MAYOR, CO OF HAWAII Ht11 No.: 48 (Draft 3)
C-161/PC-35
Reference:
Ord No.: