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Home My WebLink AboutBIL 019 Draft 02 1996-1998 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 19 (Draft 2) 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 AGRICULTURAL (A-la) TO RESIDENTIAL AND AGRICULTURAL (RA-la) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-8:32. 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 property described hereinafter as follows: The district classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Residential and Agricultural (RA-la): Beginning at the Northeasterly corner of this pazcel of land, being also the Northwesterly corner of Lot 1-B-1-A and being a point on the Southerly side of Kaloko Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 13,325.11 feet South and 7,516.59 feet West and running by azimuths measured clockwise from True South: 1. 352° 43' 35" 718.13 feet along Lot 1-B-1-A and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; 2. 79° 08' 15" 124.83 feet along Lot 1-B-2-A and along the remainder of Royal Patent 8214, Land Commission Awazd 7715, Apana 11 to Lota Kamehameha to a point; 3. 162° 18' 179.19 feet along Royal Patent 3744, Land Commission Awazd 9242 to Keawehookino to a point; 4. 245° 42' 8.18 feet along Lot 1 and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; 5. 160° 16' 65.73 Feet along Lot 1 and along the remainder of Royal Patent 8214, Land Commission Awadd 7715, Apana ] 1 to Lota Kamehameha to a point; 6. 75° 30' 116.94 feet along Lot 1 and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; Thence, for the next eight (8) courses following along the Easterly side of Mamalahoa Highway: 7. 157° 22' 30" 109.74 feet to a point; 8. 165° 34' 69.22 feet to a point; 9. 171 ° 52' 30" 112.76 Feet to a point; ] 0. 174° 11' 30" 54.19 feet to a point; 11. 184° 44' 30" 74.29 feet to a point; 12. 171 ° 42' 30" 66.95 feet to a point; 13. 164° 07' 30" 107.65 feet to a point; Thence, following on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 14. 224° 06' 07" 86.58 feet to a point; Thence, following along the Southerly side of Kaloko Drive on a curve to the right with a radius of 991.74 feet, the chord azimuth and distance being: 15. 292° 28' S0" 289.81 feet to a point of beginning and containing an azea of 4.910 Acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. -2- 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. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C. Final Subdivision Approval of the proposed agricultural subdivision v i hin h i~bj~prop r v shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access(es) to the subject property from the Old Mamalahoa Highway shall be constructed [in a manner] meeting with the approval of the Department of Public Works. E. To provide for future road widening improvements, a 10-foot future road widening fronting the subject property along the Old Mamalahoa Highway and beyond the existing 30-foot right-of-way shall be delineated on subdivision plans. The 10-foot future road widening shall be dedicated to the County of Hawaii upon its request stllSl at no cost to the County. F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots PY11hlII the subject property shall prohibit the construction of an Ohana or 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 Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the -3- applicants and the County and recorded with the Bureau of Conveyances [prior to] in co 'unction with the issuance of Final Subdivision Approval. G. A drainage study of the [project site] subject nronertv, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed [in a manner] meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval of the subject pro~ertv H. Prior to Final Subdivision Annroval the [The developer] annlicant shall prepare a Solid Waste Management Plan for the the .proposed development w' 'i subject ~pertv meeting with the approval of the Department of Public Works. I. An archaeological study/survey of the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD), prior to the submittal of plans for subdivision review or any land alteration activity of the subject propertv, whichever occurs first. Should significant historical sites be found within the subject property which merit preservation or the implementation of mitigative measures, the applicants shall prepare and submit an azchaeological preservation mitigation plan for review and approval by the Planning Director in consultation with DLNR-HPD, prior to the issuance of Final Subdivision Approval or any land alteration activity of the subj~t pronertv, whichever occurs first. 7. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease, and the DLNR-HPD shall be immediately notified. Subsequent work shall proceed upon an archaeological -4- clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. K. [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 within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lo[ 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, provided that the fair share contribution to address the potential road impacts shall only be in the form of cash and shall be applied to improving the Kaloko Drive/Hawaii Belt Road or Mamalahoa Highway intersection. 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 applicants may construct such facilities related to park, fire, police and solid waste disposal facilities with the approval of the appropriate agency (ies).] The annlicant shall make its fair share contribution to mitigate the potential ~ional imp~~r~ ~f rhP subject propertv with respect to parks and recreation. fire. police solid waste disposal facilities and roads The amount of the fair share cnnrr;hnri~n shall be the cum which is the product of multi~lyine 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 -5- approval for artkportion of the subject prope~y or its increments If the subject property is subdivided in two or more increments the aznount of the fair sh e contribution due and savable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of p~gpoced residential lots in each such increment The fair shaze contribution ~v be in a form of cash. land. facilities. or any combination thereof acceptable to the director in consultation with the affected aeencies. provided that the fair shaze contribution to address the potential road impacts shall be in the form of cash and shall be applied to im rn Dying the Kaloko Drive/Hawaii Belt Road intersection. The fair shaze 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 un to four (41 residential lots. the indicated total fair shaze contribution is $28,956.64. however the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and paw nrnvicinns set forth in this Condition K The fair share contribution shall be allocated as follows: 1. X490 85 per lot for an indicated total of $13,963.40 to the County to s~~ppo ark and recreational improvements and facilities: 168 40 per lot. for an indicated total of $673.60 to the Counly to ~tpport pylice facilities: 61 per lot for an indicated total of $1, 0.44 o he -ounty to 5ltpnort fire facilities: 4 145 6 .per lot for an indicated total of $582.48 to the County to ~nnort solid waste facilities: and -6- x,101.68 per lot. for an indicated total of $12,406.72 to the State or o n y to support road and traffic improvements. The fair share contributions described above shall be adiusted annually b i Wing ht_ ree years after the effective date of the change of zone. based on the percentagg change in the Honolulu Consumer Price Index (FL). In lieu of p~}~ine the fair share contribution. the applicant may construct and contribute land improvements/facilities related to parks and recreation. fire. police. solid waste disnocal facilities. and roads within the region impacted by the proposed d~v_ I~opment. subject to the approval of the director. For pu~~poses of administering Condition K the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be eject to the review and approval of the director. upon consultation with the annropria agencies. Comply with applicable laws rules. regulations and requirements of other affected agencies for approval of the development within the subject property [L]id. 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, its 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. -7- 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 yeaz). [5. Should the applicant request an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action.] [M]~1. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the [area] subject property 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 BY: CIL MEMBER, COUNTY F HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: kEFERENCE: Cort~m. 63.01 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -g- - TRUE NORTH A-'• stole: r = soo~ A-S• A-s• A-f• A-S• / ~ A-ZO. ~ A-f• A-37. A-9• A-f• ~O A-~• Q P" A.p. n-~. A-]D• A-1• A-~. 13,32s.11 s AGRICULTURAL (A-3a) ~,sTS.ss w TO RESIDENTIAL AND "MOAN UTAH EA" ~ AGRICULTURAL (RA-1 a) A_~• AREA: 4.910 ACRES A-1• A-s. A-I• ) ~ A-I. I A I• P I A"~• t5-If K OQ To Kam uela HAWAII .I BELT ROAD To Kallu° ~ A-~. A-9• A-1• A-f• A-f• AMENDMENT TO THE ZONING CODE 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 AGRICULTUTAL (A-3a) TO RESIDENTIAL AND AGRICULTURAL (RA-1a) AT KALOKO, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII C-~> TMK 7-3-8: 32 NOVEMBER 22, 1996 EXHIBIT ~~A~~ (PETER DUNCnTE)