The URL can be used to link to this page

Home My WebLink AboutBIL 228 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 228 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL (RS-15) AT KALAOA 4T", NORTH KONA, HAWAII, COVERED BY'CAX MAP KEY 7-3-005:98. 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 hereinafrer as follows: The district classification of the following area situated at Kalaoa 4"', North Kona, Hawaii, shall be Residential (RS-15): Beginning at the southwest corner of this parcel of land, being also the northwest corner of Lot 2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 6,928.18 feet South and 10,747.49 feet West, thence running by azimuths measured clockwise from true South: 1. 186° 50' 193.30 feet along the remainder of Grant 1607 to Nawahie (Lot B, 50-ft. road); 2. 277° 09' 30" 69.24 feet along Grant 1608 to Kekeleaukai; 3. 273° 46' 388.62 feet along same; 4. 271° 33' 30" 445.47 feet along same; 5. 272° 09' 112.62 feet along same; 6. 267° 56' 30" 138.54 feet along same; 7. 6° 50' 281.50 feet along the remainder of Grant 160'7 to Nawahie (Lot A, 50-ft. road); 8. 96° 38' 46" 1,150.01 feet along the remainder of Grant 1607 to Nawahie (Lot 2) to the point of beginning and containing an area of 5.984 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 applicants, 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. The subject property shall be subdivided in two increments. The first increment shall consist of a maximum of seven (7) lots based upon the water rights available from the Department of Water Supply. Subdivision for the second increment shall be submitted only after the Department of Water Supply grants to the applicants the necessary water commitments for each of the proposed lots of the second increment. E. To further the provisions of Condition D, covenants in the deed of all the subdivided lots within the subject property shall prohibit the granting of any -2- variance from the minimum water requirements to subdivide the lots without improvements to the existing water system facilities, meeting with the standards of the Department of Water Supply. 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 of the first increment. A copy of the approved covenant shall be recited in an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances with a copy of the recorded covenant to be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. Roadway and access to all lots within the proposed subdivision shall meet with the approval of the Department of Public Works. The improvements within the proposed subdivision shall include underground utilities. G. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. H. 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 applicants 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. -3- I. An Archaeological Data Recovery Plan and Preservation Plan shall be submitted for the review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD). Proposed mitigation treatment (preservation in place or disinternment/ reinternment) for burial sites within the subject property shall be approved by the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Data Recovery Plan and Preservation Plan shall be submitted to the Planning Director for its files prior to submitting plans for subdivision review and prior to any approval for any land alteration permits. An interpretation mitigation plan which shall include buffer zones, signage and long- range preservation concerns shall be submitted to the Planning Director prior to Final Subdivision Approval. J. 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-State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological cleazance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. K. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicants shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval of each increment. -4- L. The following species shall be encouraged to be used for landscaping of the individual lots: alahe'e (Canthium odoramtum), 'ulei shrubs (Osteomeles anthyllidifolia), akia (Wikstroemda sp. 'ala'ala-wai-nui (Peperomia tetrophylla), huehue vine (Cocculus trilobus) and lama trees (Diospyros sandwicensis). M. The applicants 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 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 the fair share contribution, the applicants 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 applicants' request be credited towards any of the applicants' future developments that require infrastructural impact contributions. -5- N. The applicants shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. O. 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. P. 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 granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). -6- 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. 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. INTRODUCED BY: O CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 703 " APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -7- TRUE NORTH A-zoa A.,a A-ZOa Scale: 1' 400' A _/e A-3a A-20e HAWAII BELT ROAD A-le GN - lO A-la A-ZOe 1~ A-5a A-5a Tu Koiluo J~ A-5a Kp1\~p RS - 20 KA MUA PL. ~to A"/° A-5a 5< HO~OM'U HUA PL. A - 5 a A 5a ~ A-5a A-5a RS - /O MALU PL A-5a QS 20 A-5a A-la ~ ti N ILI'ILI A - s a SiREEf RS - i O f A-5a 2s lO A-5a A-'a PL A-5a AGRICULTURAL (A-5a) TO SINGLE FAMILY RESIDENTIAL (RS-15) A 5a AREA: 5.984 ACRES AKA AKA PL. RS - lO KIEKIE STREET A-5a A-5a PIA PL. A-la ~ A-5a A-5a Ln ~ 3 ~-l RS-/O ~ A-ia S KE OKE O A-5a STREET 6,928.18 5 10,747.49 W A-5a A-/a "MOANUTAHEA'~ R5"/O A-/a A-la LIHILIHI PL NOLU STREET RS-lO PS -!5 A-5a A-la A-5a A-la 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-15) AT KALAOA 4TH, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-3-OS: 98 FEBRUARY 24, 2000 EXHIBIT "A~~ (RINKENBACN) -t `~J