HomeMy WebLinkAboutBIL 014 Draft 02 1998-2000 I a ~ . ?..'rev
COUNTY OF HAWA7~I~~-~ STATE OF HAWAII
BILL NO. la
(Draft 2)
ORDINANCE NO.
AN ORDINANCE 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 azea situated at Honokohau 2nd., North
Kona, Hawaii, shall be Single Family Residential (RS-7.5):
Beginning at the southwest comer of this pazcel of land, being, also, the northwest comer
of Lot 15 of the Villages of La'i'opua, Phase I (File Plan 2128), the coordinates of said
point of beginning referred to Government 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:
I. 172° 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;
10. 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, mazked 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.
D. Final Subdivision Approval of the proposed subdivision within the subject
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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. Mid-Level Road improvements shall
consist of a two-lane road and rough~eraded right-of--way to allow a 4-lane road.
which shall extend to the northern property line. 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
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representations contained within the change of zone application and may be
increased or reduced proportionally if the lot counts are adjusted. The fair share
convibution 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
convibution in a form of cash, land, facilities or any combination thereof shall
be determined by the County Council. The fair share convibution 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 convibution 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 convibutions 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
infrastruc[ural impact convibutions.J
The ~plicant shall make its fair share contribution to mitipat~potential regional
imnacts of the subject p~ject with respect to roads. Barks and recreation. Fire.
police and solid waste dual facilities. The amount of the fair share
rontribution shall be the sum which is the product of multip)_yinQ the number of
residential lots ~ooosed to be subdivided by the amounts allocated hereinbelow
for each such lot and shall become due and dyable nrior to final subdivision
~yroval for apportion of the cubjgct procertv or its increments. If the subigct
nroo is subdivided in two or more increments the amount of the fair share
contribution due and R~,
ay ble prior to final subdivision aoproval of each
;nrrPment shall be a cum calculated in the same mariner according to the number
n:f_pronosed residential lore in each such increment The fair share contribution.
in a form of cash land facilities or anv combination [hereof. acceptable to the
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director in consultation with the affected agencies. shall be determined by Lhe
County Council. The fair share contribution shall have a maximum combined
value of $7.239.16 per single-fami y residential unit. Based upon the
applicant's representation of intent to develop up to seventy (70) residential
units. the indicated total of fair share contribution is $506.741.20 for sin¢le-
family residential units. However. the total amount shall be increased or
reduced in proportion with Lhe actual number of units according to the
calculation and payment provisions set forth in this Condition I. The fair share
contribution shall be allocated as follows:
L $3.490.85 per singlele-familKresidential unit for an indicated total of
$244.359.50 to [he County to support park and recreational
imnrovements and facilities:
$168.40 ep r sing e-fam'jylesidential unit for an indicated total of
$11.788.00 [o the County to stlpport police facilities:
$332.61 per single-family residential unit for an indicated total of
$23.282.70 to Lhe County
t! o suRnort fire facilities:
4, 14 6 per singl -fami y residential unit for an indicated total of
$10.193.40 to the County to Support solid waste facilities: and
$3.101 68 per single-family residential unit for an indicated total of
$217.117.60 to the State or County to support road and traffic
jmorovements.
The fair share contributions described above shall be adjusted annually
¢~,g'nnin ree years after Lhe effective date of Lhe change of zone. based on Lhe
percentaee change in Lhe Honolulu Cor~umer Price Index (HCPII. In lieu of
paying the fair share contribution Lhe applicant may construct and contribute
imnrovements/facilities related to parks and recreation. fire. police. solid waste
dicoocal facilities. and roads within the region im acn ted by the proposed
d~pment cukject to Lhe approval of Lhe director. The cost of providing and
~onctmcting the improvements related to Lhe co2truction and dedication of Lh_e
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Mid-Level Road. as required in Condition E. as well as construction of the road
c_onnectinE the makai portion of the subject ILI~ItY to Kealakehe Parkway
shall be credited against the sum Specified in Condition J (51 for road and traffic
imnrovements. The cost of providing and constructing on-site recreation
improvements shall be credited against the sum Specified in Condition J for ,park
and recreational imnrovements. For p~poses of administering Condition J. Lhe
fair market value of land contributed or Lhe cost of any imnrovements req ~i~ red
or made in lieu of the fair share contribution shall be subject to review and
approval of the director. upon consultation with the aopro riate gencies.
on royal of the fair chare contributions or in lieu contributions by the
director. he director shall submit a final report to the Council for its
information that identifies the Sp~ifi approved fair share and/or in lieu
rontribu[ionc ac allocated and fi~rLher imntemenLtion requirements
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 burials 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
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 all applicable laws, rules, regulations and requirements of affected
agencies for approval of the proposed development within the subject property,
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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.
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 perforttted
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. 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.
IN U ED B
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COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: 46. O1
kEFERENCE Comm.
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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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-5a) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AT HONOKOHAU 2ND.
NORTH KONA, HAWAII.
PREPARED BY :PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-4-B:PORTION OF 26 SEPT. 25,1997
EXHIBIT ~A~ CrcetE.w ~+oraKOww PROP.,t_PJ
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