HomeMy WebLinkAboutORD 1995-100 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 99
(Draft 2)
ORDINANCE NO. 95 10~
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-20) AT PUAPUAANUI, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-17:32.
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 properties described hereinafter as follows:
The district classification of the following area
situated at Puapuaanui, North Kona, Hawaii, shall be Single
Family Residential (RS-20):
Beginning at the northernmost corner of this parcel of land,
being also a point on the westerly side of Hualalai Road, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "KAHELO" being 1,775.08 feet
north and 7,869.60 feet east and running by azimuths measured
clockwise from true South:
Thence, for the next twenty-one (21) courses following
along the westerly side of Hualalai Road:
1. 348° 15' 20"
2. 355° 19' S0"
3. 0° 59' 15"
4. 352° OS' 10"
5. 336° 30' 45"
74.97 feet to a point;
67.56 feet to a point;
70.61 feet to a point;
37.49 feet to a point;
24.74 feet to a point;
6. 327° 54' 87.28 feet to a point;
7. 331° 47' 15" 41.06 feet to a point;
8. 325° 09' 28.49 feet to a point;
9. 316° 07' 40" 47.77 feet to a point;
10. 322° 21' 30" 44.27 feet to a point;
11. 328° 52' 30" 42.37 feet to a point;
12. 338° 08' 87.65 feet to a point;
13. 355° 36' 47.03 feet to a point;
14. 7° 42' 30" 20.07 feet to a point;
15. 14° 43' 20" 47.14 feet to a point;
16. 18° 39' 15" 26.70 feet to a point;
17. 2° 53' 45" 10.02 feet to a point;
18. 328° 21' 20.93 feet to a point;
19. 335° 36' 10" 133.42 feet to a point;
20. 327° 04' 14.52 feet to a point;
21. 320° 34' 40" 23.95 feet to a point;
Thenc e, for the next six (6) courses following along the
remai nder of Royal Patent 7819, Land Commissio n Award
8559- B, Apana 8 to William C. Lunalilo:
22. 65° 22' 40" 321.43 feet along Lot 1 to a point;
23. 156° 13' 335.19 feet along Lot 1 to a point;
24. 190° 26' 30" 167.32 feet to a point;
25. 75° 41' 30" 33.04 feet to a point;
26. 193° 09' S0" 524.26 feet along Lot 4 to a point;
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27. 187° 34' 70.60 feet along Lot 4 to a point of
beginning and containing an
area of 5.000 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 is 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. Final Subdivision Approval of the proposed
development shall be secured within five (5) years
from the effective date of this change of zone
ordinance.
C. The applicant shall make its fair share contribution
to mitigate the potential regional impacts of the
project with respect to parks and recreation, fire,
police, solid waste disposal facilities, and roads.
The fair share contribution shall be initially based
on the representations contained within the change
of zone application and shall be increased or
reduced proportionally if the lot counts are
adjusted. The total fair share contribution or its
proportionate amount based upon incremental
subdivision shall be due and payable prior to final
subdivision approval of each increment of the
subject property. 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
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the form of cash, land, facilities, or any
combination thereof acceptable to the director, in
consultation with the affected agencies shall have a
maximum combined value of $28,956.64. The fair
share contribution shall be as follows:
(1) $13,963.40 to the County to support park and
recreation improvements and facilities;
(2) $ 673.60 to the County to support police
services and facilities;
(3) $1,330.44 to the County to support fire
services and facilities;
(4) $ 582.48 to the County to support solid waste
facilities; and
(5) $12,406.72 to the State or County to support
road and traffic improvements.
The fair share contribution described above shall be
adjusted annually beginning three years after the
effective date of this ordinance, based on the
percentage change in the Honolulu Consumer Price
Index (HOPI). In lieu of paying the fair share
contribution in cash, the applicant may construct
such facilities related to parks and recreation,
fire, police, solid waste disposal facilities, and
roads. The cost of constructing the improvements
required in Condition F shall be credited against
the sum specified in Condition C(5) for road and
traffic improvements. For purposes of administering
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Condition C, the cost of any improvements required
or made in lieu of the fair share contribution shall
be such amount as approved by the planning director,
upon consultation with the appropriate agencies.
Any improvements constructed by the applicant to
satisfy this condition shall be located within the
region impacted by the proposed development.
D. Restrictive covenant(s) in the deeds of all the
proposed lots shall prohibit the construction of an
ohana dwelling or a second dwelling unit on each
lot. A copy of the covenants with this requirement
shall be submitted to the Planning Department for
review and approval and a copy of the approved
covenants shall be recited in an instrument executed
by the applicants and the County prior to final
subdivision approval for any portion of the subject
property. The Planning Director shall promptly
deliver such document to the Bureau of Conveyances
for recordation. A copy of the recorded document
shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
E. Should any unidentified sites or remains such as
artifacts, shell, bone, or charcoal deposits, human
burials, rock or coral alignments, paving, 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.
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F. A county-dedicable road through the project site
shall be constructed meeting with the approval of
the Department of Public Works, including its
connection with the Pualani Estates Subdivision
mauka-makai roadway and with Hualalai Road.
G. 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.
H. 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, 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 granted shall be for a
period not to exceed the period originally
-6-
granted for performance (i.e., a condition to
be performed within one year may be extended
for up to one additional year).
G. Should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director may initiate rezoning of the area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of the 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~TRO~DUCE~D ~~BY
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COUNCIL MEMB COUNT OF HAWAII
Hilo, Hawaii
Date of Introduction: August 2, 1995
Date of 1st Reading: August 2, 1995
Date of 2nd Reading: August 16, 1995
Effective Date: August 23, 1995
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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
UNPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS-20) AT PUAPUAANUI, NORTH KONA,
HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-5-17:32 MAY 4, 1995
iIBIT ..A.. (INTERNATIONAL DEVELOPMENT PROJECTS. LTD.)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo .Hawaii
.. J 1 .. ~ L '.. ~ . . -. -
/nRDFT ~~ ,"
Introduced By: Takashi Domingo
Date Introduced: August 2, 1995
First Reading: August 2, 1995
Published: N/A
REMARKS:
Second Reading: August 16, 1995
To Mayor: August 17 , 1995
Returned: August 23, 1995
Effective: August 23, 1995
Published August 31, 1995
REMARKS:
ROLL CALL VOTE
AYES' NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs
De Lima }{
Domingo }{
Osorio X
~~ X
Ray X
Smith X
6 2 1 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs X
De Lima X
Domingo X
Osorio X
Rath X
Ray X
Smith X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. pppROVED as to
FORM and LECslfCITY ~,--~ ~ i1 ..
CORPORATION COUNSEL
COUNTY OP HAWAII
AUG 2 2 1995
Date _ - _
of
19 QI
Y R, COUNTY O HAWAII
=.COUNCIL CHAIRMAN `~~~
COUNTY CLERK
BtltNo.: 99 (Draft 2 )
Reference: C-457/PC-57
Ord No.: 1