HomeMy WebLinkAboutORD 1992-082 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. s6s
(Draft Z)
ORDINANCE NO. 92 82
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-10) AT KALAOA 4TH, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7-3-05:88.
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 properties 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 Northwesterly corner of this parcel of
land, being also the Southwesterly corner of Lot B-2 and
being a point on the Easterly side of Ke'oKe'o Street, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA" being
6,928.18 feet South and 10,747.49 feet West and running by
azimuths measured clockwise from True South:
1. 276° 38' 46" 1,150.01 feet along Lot B-2 and
along the remainder of
Grant 1607 to Nawahie to a
point;
2. 6° 50' 227.95 feet along the Westerly
side of 'Ili'Ili Street to
a point;
Thence, for the neat four (4) courses following along
Grant 2972 to Kaapau and Kama:
3. 99° 59' 241.98 feet along Lots 86 and B1
of Kona Palisade, Unit I
(File Plan 1061) to a
point;
4. 99° 32' 30" 500.50 feet along Lots 80, 73, 72
and 65 of Kona Palisade,
Unit I (File Plan 1061) to
a point;
5. 94° 45' 30" 347.50 feet along Lots 65, 64 and
57 of Kona Palisade,
Unit I (File Plan 1061) to
a point;
6. 100° 37' 30" 61.31 feet along Lot 57 of Kona
Palisade, Unit I (File
Plan 1061) to a point;
7. 186° 50' 195.77 feet along the Easterly
side of Ke'oKe'o Street to
the point of beginning and
containing an area of
5.362 Acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
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 applicant shall submit
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the required water commitment payment to the Department of
Water Supply in accordance with its "Water Commitment Policy"
within ninety (90) days from the effective date of the change
of zone ordinance; (C) The property shall be subdivided in two
increments. The first increment shall consist of a maximum of
thirteen (13) lots based upon the twelve (12) additional units
of water rights held by the applicants plus one (1) existing
unit. [s]Subdivision plans shall be submitted within one year
from the effective date of the change of zone. Final
Subdivision Approval shall be secured within two years from the
date of tentative subdivision approval provided, however, that
final subdivision approval for the first increment shall not be
granted prior to completion of the Hinalani Street extensio n
The second increment shall consist of the subdivision of the
remaining property. Subdivision plans shall be submitted for
the second increment only after the department of water supply
grants the applicant the necessary water commitments for each
of the remaining lots of the second increment; (D) construction
of single-family dwellings shall commence on twenty-five
percent of the proposed lots within three years from the date
of receipt of Final Subdivision Approval; (E) improvements
within the proposed subdivision shall include underground
utilities; (F) as agreed to by the applicant, restrictive
covenants in the deeds of all the residential lots shall
prohibit the construction of ohana dwelling units,
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except for the lot containing an existing ohana unit. A copy
of the proposed covenant(s) shall be submitted to the Planning
Department for review and approval prior to finalsubdivision
approval of the residential subdivision. Written assurance for
implementation of this condition, which has met with the
approval of the Planning Department, shall be submitted to the
Planning Department prior to final subdivision approval of the
residential subdivision. A copy of a typically recorded
covenant shall be filed with the Planning Department within one
year from the date of final subdivision approval of the
residential subdivision; (G) access to the subject property
shall meet with the approval of the Department of Public
works. The Planning Director, in consultation with the
Department of Public Works shall determine whether curb
gutter and sidewalk improvements are needed for th interior
subdivision roads If it is determined that the said
improvements are needed then the curb cutter and sidewalk
improvements shall be provided; (H) a drainage system shall be
installed in accordance with the requirements of the Department
of Public Works; (I) an archaeological report shall be
submitted to the Planning Department for review and approval in
consultation with the State Department of Land and Natural
Resources prior to any further land alteration. The report
shall include an archaeological survey and appropriate
mitigation plan; (J) should any unidentified sites or remains
such as artifacts, shell, bone, or charcoal deposits, human
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burials, rock or coral alignments, pavings or walks be
encountered, work in the immediate area shall cease and the
Planning Department shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative
measures have been taken; ~ a 10-foot landscape buffer shall
be provided along the southern side of the property, parallel
to Ka'iminani Drive to reduce anv visual impacts; [(K)] LZ 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
development, which shall be consistent with the interim
affordable housing policy of the County as contained in the
Hawaii County Housing Agency Resolution No. 65 or subsequent
actions. This housing plan shall be approved by the County
Housing Agency prior to final subdivision approval 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; [(L)]
~. all other applicable laws, rules, regulations and
requirements shall be complied with; [(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 may, at the
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developer's election, be satisfied by the performance in
accordance with the requirements of the Unified Impact Fees
Ordinance; [(N)] LQ~ an annual progress report shall be
submitted to the Planning Director prior to the anniversary
date of the effective date of the change of zone. The report
shall address the status of the development and the compliance
with the conditions of approval. This condition shall remain
in effect until all of the conditions of approval have been
complied with and the Planning Director acknowledges that
further reports are not required; and, [(O)] LZ an 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 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 the
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); and 5) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
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County Council for appropriate action. Further, should any of
the conditions not be met or substantially complied with in a
timely fashion, the Director shall 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.
SECTION 4
approval.
This ordinance shall take effect upon its
INTRODUCED BY:
~ R/1v~w..Fw.
COUNCIL MEMBER, COUNTY F HAWAII
Hilo, Hawaii
Date of Introduction: July 1, 1992
Date of 1st Reading: July 1, 1992
Date of 2nd Reading: July 15, 1992
Effective Date: July 22, 1992
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATE:
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AMENDMENT TO THE ZONING CODE
An-tEND1N3 SECTION ~5-87 (NORTH KoNA ZONE
MAp) ARTIGL.E 3, CI-1APTER ~5 (ZONING CO>DC) of
Tt•1E HAWAII COUNT7' COaE BY CHAN31NC3 Tf-IE
DiST1~iC7' CLAS~)1=1CATt01`t FROM LINPLANNf=T~
(ll) 1'O ~11`IOLtc FAM{t_7' RESIDCNT)AL. (tQS-10)
AT )<AL.AOA 9TH, NORTH KoNA, HA1^lAll.
PREPARCD ey PLAtVNtNG pE-°ARTMEhlT
COUtYT7 of 1-fAYVA11
TMK ~ 7-3-05 =BB pCG. Z (e, ems(
EXHIBIT 11Q11 (GGR~ WARD PACK, ET AL.~