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Home My WebLink AboutBIL 014 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 14 ORDINANCE NO. AN ORD[NA3JCE 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-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AT HONOKOHAU 2ND ,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-8:POR. 26. 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 Honokohau 2nd., North Kona, Hawaii, shall be Single Family Residential (RS-7.5): Beginning at the southwest comer of this parcel of land, being, also, the northwest comer of Lot 15 of the Villages of La'i'opua, Phase [ (File Plan 2128), the coordinates of said point of beginning referred to Govemment Survey Triangulation Station "KEAHUOLU" being 9,068.28 feet north and 7,803.02 feet east, thence running by azimuths measured clockwise from true south: 1. l72° 08' 4.87 feet along the remainder of R.P. 6855, L.C. Aw. 9971, Apana 9 to W.P. Leleiohoku; 2. Thence along same, on a curve to the left with a radius of 7,060.00 feet, the chord azimuth and distance being: 170° 33' 30" 388.09 feet; 3. 168° 59' 208.42 feet along same; 4. Thence along same, on a curve to the left with a radius of 20,060.00 feet, the chord azimuth and distance being: 168° 31' 30" 320.93 feet; 5. 168° 04' 47.93 feet along same; 6. 258° 04' 40" 450.44 feet along L.C. Aw. 11,216, Apana 36 to M. Kekauonohi; 7. 337° 47' 30" 712.00 feet along the remainder of R.P. 6855, L.C. Aw. 9971, Apana 9 to W. P. Leleiohoku; 8. 334° 24' 30" 172.00 feet along same; 9. 334° 16' 15" 120.78 feet along same; ]0. 79° 22' 20" 670.15 feet along Lots 16 and 15 of the Villages of La'i'opua, Phase I (File Plan 2128) to the point of beginning and containing an area of 12.294 acres, more or less. 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 effective date of the change in district classification shall be the date on which the Planning Director has certified receipt of an executed contract by the Department of Water Supply for the construction of a 16-inch and a 20-inch waterline improvements along Palani Road. C. 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 the residential zoning as determined by Condition B. -2- D. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of the residential zoning as determined by Condition B. E. All access(es) and all interior roadways within the subject property, and the Mid Level Road to the stubout at Kealakehe Parkway, including intersection improvements, shall be constructed meeting with the approval and requirements of the Department of Public Works or in accordance with requirements of the Chapter 23, Subdivision Control Code, and the Zoning Code prior to the issuance of Final Subdivision Approval. The applicant shall dedicate the Mid Level Road right-of-way in fee simple to the County of Hawaii upon its request. F. Utilities shall be placed underground within the project area meeting with the approval of the Department of Public Works. G. A drainage system, as required, shall be installed meeting with the approval of the Department of Public Works. H. The method of sewage disposal including the provision of dry sewer lines shall meet with the requirements of the appropriate governmental agencies. I. A Solid Waste Management Plan for the proposed development shall be submitted for review and approval to the Department of Public Works prior to the issuance of Final Plan Approval. J. 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 -3- 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 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 afrer 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 roads, 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. K. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing, prior to the Final Subdivision Approval for any portion of the subject property. L. Should any remains of historic sites, such as rock walls, terraces, Platforms, marine shell concentrations or human buriats be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately -4- notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. M. Comply with alt applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property, - including the Department of Water Supply and Department of Health. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessments of impacts fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail 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 Director acknowledges that further reports are not required. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the 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 Zoning Code. -5- 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 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). Q. 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. ]n 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. INTRODUC~ E~D~BY: CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of ] st Reading: Date of 2nd Reading: Effective Date: 46 ~ifFERcNCE: Cornm. APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- TR~~ NORTH .+~~t A- 5 . Stoic: 1' = 1,000' i~~~~ A-5• 9068.28 N ~i~ 7803.02 E "K EAHUOLU~~ i f OPEN A 5. ~ OPEN OP N AGRICULTURAL (A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) ML- o. AREA: 12.294 ACRES MG-5 O P t N ~o~~p I~ to I~ OPEN ML~(NO• 1 P (I ~~G ( OPtN ( J ( ~ P~ OPtN ( J~ ~ P~ OPCN I ~p ~ } OJ~~ w OPtN s A o ~pK OPtN 4 ~'S a v. AMENDMENT TO THE ZONING CODE 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-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AT HONOKOHAU 2ND, NORTH KONA, HAWAII. PREPARED BY :PUNNING DEPARTMENT COUNTY OF HAWAII TMK: 7-4-B:PORTION OF 26 SEPT. 25,1997 (4eClEAN NpNOKO1NU PROP..LP.) EXHIBIT A~