HomeMy WebLinkAboutORD 1993-131 1992-1994C(1TTNTY nF HAWAII ~" STATE OF T~AWAII
BILL NO. 136
(Draft 2)
ORDINANCE NO. ~3 131
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-7.5) AT MAKAULA, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-3-03:7 AND 17.
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 Makaula, North Kona, Hawaii, shall be Single
Family Residential (RS-7.5):
Beginning at the Northeasterly corner of this parcel of
land, being also the Northwesterly corner of Lot 7-A-1 of
Makaula Subdivision, Unit I and being a point of the
Southerly boundary of Land Patent 8265, Mahele Award 13-B
to Paalua (Certificate of Boundaries No. 191), the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "AKAHIPUU" being
7,0'12.80 feet South and 3,439.74 feet West and running by
azimuths measured clockwise from True South:
1. 1° 59' 40"
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347.99 feet along Lots 7-A-1,
8-A-1, 9 and 11 of Makaula
Subdivision, Unit I and
along a portion of the
Westerly end of the 40-Ft.
Wide Road and along the
remainder of Grant 3741 to
W.H. Kailiino to a point;
2. 91° 48' 197.92 feet along the Northerly
side of Homestead Road
(15-Ft. Wide) to a point;
3. 91° 57' 2,794.83 feet along the Northerly
side of Homestead Road
(15-Ft. Wide) to a point;
4. 205° 25' 399.55 feet along Government Land
(State of Hawaii, Owner)
to a point;
5. 272° 18' 50" 2,833.97 feet along Land Patent
8265, Mahele Award 13-B to
Paalua (Certificate of
Boundaries No. 191) to the
point of beginning and
containing an area of
23.926 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
the required water commitment payment to the Department of
Water Supply in accordance with its "water Commitment
Guidelines Policy" within two (2) years from the date of
adoption of this Change of Zone ordinance, provided that a
maximum one-year extension may be granted by the Planning
Director with reasonable and sufficient justification. The
effective date of the Change of Zone shall be upon the formal
issuance of all necessary water commitments for the proposed
development by the Department of Water Supply; (C) final
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Subdivision Approval for the proposed development shall be
secured within five (5) years from the effective date of the
Change of Zone ordinance; (D) the project site's access
intersection with the Mamalahoa Highway shall be constructed
and fully channelized in a manner meeting with the approval of
the State Department of Transportation, prior to the final
inspection and occupancy of the first house(s) within the
proposed development. Mitigation measures to improve the
operation of Mamalahoa Highway north and south of the project
access shall be submitted to the State Department of
Transportation in conjunction with the submittal of plans for
Tentative Subdivision Approval review and/or with the issuance
of a Planned Unit Development (PUD) should such a permit be
submitted and approved or whichever occurs first; (E) access to
the subject property from the Mamalahoa Highway intersection
shall meet with the approval of the Department Public Works
prior to the issuance of Tentative Subdivision Approval for the
proposed development; (F) all interior subdivision roadways
shall be constructed in a manner meeting with the approval of
the Department of Public Works prior to the issuance of Final
Subdivision Approval for the proposed development. The
applicant, as may be required by the Department of Public
Works, shall provide dedicated roadway stubouts within the
proposed subdivision which would eventually provide access to
adjoining properties located to the north, south and west of
the project site; (G) prior to the final inspection and
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occupancy of the first house(s) within the subdivision, the
applicant shall bond and/or construct that portion of the
Kauwila Street extension fronting the subject property which
runs from the north and south boundaries of the subject
property on lands owned by the State of Hawaii, and shall be
constructed to county-dedicable standards with a sixty (60)
foot right-of-way meeting with the approval of the Department
of Public Works; (H) drainage improvements shall be provided in
a manner meeting with the approval of the Department of Public
Works; (I) the applicant shall provide all on- and off-site
water system improvements as may be required by, and
constructed in a manner meeting with the approval of the
Department of Water Supply; (J) in lieu of the actual
construction of improvements as required in Conditions D, E, F,
G, H and I, the applicant may enter into an agreement with the
Planning Department to assure the County that the
infrastructural improvements 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 shall be granted prior to
the actual construction of required infrastructural
improvements; (K) the applicant shall install a wastewater
treatment system meeting with the requirements of the
Department of Health; (L) to ensure that the Goals and Policies
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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 implement the
housing plan for the development approved by Resolution No. 505
92 and the December 3, 1992 Agreement between the County of
Hawaii and White Hat Development Corporation, which shall be
consistent with the housing policy of the Hawaii County Housing
Agency. The applicant shall notify the County Housing Agency
of any intent to sell, lease, assign, place in trust, or
otherwise voluntarily al~er t~i.~ ov,:.ership 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; (M) to ensure that the Goals and Policies of the
Recreation Element of the General Plan are implemented, the
applicant shall construct three recreational areas totaling a
minimum of 3.5 acres for active and passive recreational uses
within the subject property which shall be dedicated and
accepted by the County of Hawaii upon its request. The
configuration and improvements of the park, including and not
limited to grading, grassing, irrigation, fencing, one
basketball court, a combination volleyball/biddy basketball
court, a mini soccer field, and a "tot lot", shall meet with
the approval of the Planning Department in consultation with
the Department of Parks and Recreation, prior to final
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subdivision approval. A park maintenance and operational plan
shall be submitted for review and approval by the Planning
Department in consultation with the Department of Parks and
Recreation in conjunction with final subdivision approval.
Until such time that the park is dedicated to and accepted by
the County, there shall be adequate assurance, as determined by
the Corporation Counsel, for the maintenance of the private
park by recorded covenant running with the land which shall
include the following: 1) obligate the subdividers, purchasers,
occupants, or associati~a in the subdivision to maintaii, the
park in perpetuity; and 2) empower the County, through the
Department of Parks and Recreation, to enforce covenants to
maintain the park, authorizing the performance of maintenance
work by the County in the event of failure by the subdividers,
purchasers, occupants, or association in the subdivision to
perform such work and permit the subjecting of land and
properties in the subdivision to a lien until the cost of the
work performed by the County has been reimbursed. The parks
and its improvements shall be completed prior to the final
inspection and occupancy of the first house(s) within the
proposed development; (N) the applicant shall work with the
State Department of Education and the Planning Department to
provide its pro rata share for school facilities. The pro rata
share determination and its implementation shall be approved by
the Planning Department, in consultation with the Department of
Education, in conjunction with Final Subdivision Approval of
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the proposed development; (O) that a Solid Waste Management
Plan meeting with the approval of the Department of Public
Works shall be submitted prior to final subdivision approval of
the proposed development; (P) 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 uepartment when it finds that sufficient mitigative
measures have been taken; (Q) as represented by the applicant,
restrictive covenants in the deeds of all the proposed 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 Department for review and approval prior to final
subdivision 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 likewise
prior to final subdivision approval; (R) Comply with the
conditions of the State Land Use Commission's Decision and
Order dated January 7, 1993; (S) comply with all applicable
laws, rules, regulations and requirements of the affected
agencies; (T) an annual progress report shall be submitted to
the Planning Director prior to the anniversary date of the
effective date of this ordinance. The report shall include,
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but not be limited to, the status of the development and to
what extent the conditions of approval are being complied
with. 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;
(U) 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; (V) an initial extension of time for the performance
of conditions within the ordinance may be granted by the
Planning Director upon the following circumstances: a) 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; b) granting of the time extension would
not be contrary to the general plan or zoning code; c) granting
of the time extension would not be contrary to the original
reasons for the granting of the change of zone; d) 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 e) if the applicant should require an
additional extension of time, the Planning Director shall
submit the applicant's request to the County Council for
appropriate action. Should any of the conditions not be met or
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substantially complied with in a timely fashion, the Director
shall initiate rezoning of the area to its original or more
appropriate designation; and, (W) the applicant shall complete
the proposed project in substantial compliance with the
representations made before the County Council.
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:
J~
COUNCIL MEMBER, COUNTY OF WAII
Hilo, Hawaii
Date of Introduction: December 1, 1993
Date of 1st Reading: December 1, 1993
Date of 2nd Reading: December 22, 1993
Effective Date: December 29, 1993
APPROVED AS TO FORM AND LEGALITY:
pEptyt~, ORPORATION COUNSEL
DATE: ~ o~ -Z7 -~(3
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~5-87 (NORTH KONA ZONE
MAP) ARTICLE 3, C1iAPTEIQ ~5 (ZONING CODE) OF
THE HAWAII COUNT' CoDC 87 CHANGING THE
DISTRICT CLA551FICATION FIRCIvi UNPLAIY1VEfl (U)
To 51NGL.E FAt+~tt-.7' R+=51Dt=NTtAL (tQ5-75) AT
MAKAULA, NORTH KoNA, HAWA11.
PREPAREfl B7' PI-ANNtNG OEpAI'2TMCNT
Cel.7NT7' O~ I-fAYVAII
TMK~= 7-3-0°J' e 7 ANO 17 .,1UNE 101 1993
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