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Home My WebLink AboutBIL 090 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 9 0 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-20) AT KALAOA 4TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-5:89. 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 Kalaoa 4th, North Kona, Hawaii, shall be Single Family Residential (RS-20): Beginning at the Northwesterly corner of this pazcel of land, being also the Southwesterly comer of Lot B-1 and being a point on the Easterly side of'Ili'ili Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 7,067.06 feet South and 9,555.54 feet West and conning by azimuths measured clockwise from True South: 1. 276° 38' 46" 1,184.21 feet along Lot B-1 and Pazcel A and along the remainder of Grant 1607 to Nawahie to a point; 2. 268° 17' 40.61 feet along Pazcel A and along the remainder of Grant 1607 to Nawahie to a point; 3. 6° 46' 295.24 feet along the Westerly side of the Hawaii Belt Road (F.A.P. No. F-10(5)) to a point; 4. 96° Ol' 594.00 feet along middle of stonewall, along Lots 38, 37, 32, and 31 of Kona Palisade, Unit 1 (File Plan 1061) and along Grant 2972 to Kaapau and Kama to a point; 5. 102° 43' 30" 589.00 feet along middle of stonewall, along Lots 31, 26, 25, 24, and 18 of Kona Palisade, Unit 1 (File Plan 1061) and along Grant 2972 to Kaapau and Kama to a point; 6. 99° 59' 44.94 feet along middle of stonewall, along Lot 18 of Kona Palisade, Unit 1 (File Plan 1061) and along Grant 2972 to Kaapau and Kama to a point; 7. 186° 50' 230.87 feet along the Easterly side of Ili'ili Street to the point of beginning and containing an area of 7.790 Acres. 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 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 this ordinance. C. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director. D. Roadway and access to all lots within the proposed subdivision shall meet with the approval of the Department of Public Works. Provided power is brought in from Kona Palisades, the improvements within the proposed subdivision shall include underground utilities. -2- E. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. F. Restrictive covenants in the deeds of all proposed residential 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 Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. 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. H. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property 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 may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting -3- from this change of zone. The fair share contribution shall become due and payable incrementally as the subdivision is built out. 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 after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying [he fair share contribution, the applicant may construct and contribute land, improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to 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. I. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -4- 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 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). 5. 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. L. 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: i - ~ ~ ice- COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 326 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- A-2 a A"~• - TRUE NORTH ~ ~ A ~o. A-i• A-2 . A Scale : 1' = 600' BELT N-2 A D ~ A-i. P o ai ua To Komuela A 5 A-5 A 5. A-I• ,067.06 5 A"5• 9,555.54 W MOANUUINEA" A•5• ~ A-5• 0 N c ~ AGRICULTURAL (A-Sa) • z. TO Rs-io A s SINGLE FAMILY RESIDENTIAL ~ (RS-20) AREA :7.790 ACRES A-5 ~ A-I A-5. -i. a aA i. RSiS Z A-5 ~ _ ~5 5 P A-5• A-I• h ~ j A-5• A 5• O A-I. h ~ 0 A-i. A-5• ~ A 5 A a A-I• 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 CLASSIFlCATION FROM AGRICULTURAL (A-5a) TO SINGLE FAMILY RESIDENTIAL (RS-20) AT KALAOA 4TH, NORTH KONA, HAWAII. PREPARED BY :PLANNING DEPARTMENT coUNrY of NAwul TMK 7-3-5:89 APRIL 27, 1999 (v[rt~ ounwrc~ EXHIBIT `A` cecz>