The URL can be used to link to this page

Home My WebLink AboutORD 1999-061 1998-2000 . `o_ COUNTY OF HAWAII ~ b STATE OF HAWAII . BILL NO. 14 (Draft 2) ORDINANCE NO. 99 61 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 area situated at Honokohau 2nd., North Kona, Hawaii, shall be Single Family Residential (RS-7.5): Beginning at the southwest corner of this parcel of land, being, also, the northwest comer of Lot I S 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: 1. 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' I S" 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 azea 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. D. Final Subdivision Approval of the proposed subdivision within the subject -2- 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 Pazkway, 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-graded 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 azea 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 make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. The amount of the fair share -3- contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $7,239.16 per single-family 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 single- family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition J. The fair share contribution shall be allocated as follows: 1. $3,490.85 per single-family residential unit for an indicated total of $244,359.50 to the County to support park and recreational improvements and facilities; 2. $168.40 per single-family residential unit for an indicated total of $11,788.00 to the County to support police facilities; 3. $332.61 per single-family residential unit for an indicated total of $23,282.70 to the County to support fire facilities; 4. $145.62 per single-family residential unit for an indicated total of $10,193.40 to the County to support solid waste facilities; and 5. $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 improvements. -4- The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPn. In lieu of paying the fair share contribution, the applicant may construct and contribute 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 director. The cost of providing and constructing the improvements related to the construction and dedication of the Mid-Level Road, as required in Condition E, as well as construction of the road connecting the makai portion of the subject property to Kealakehe Parkway, shall be credited against the sum specified in Condition J (5) for road and traffic improvements. The cost of providing and constructing on-site recreation improvements shall be credited against the sum specified in Condition J for park and recreational improvements. For purposes of administering Condition J, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation 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 -5- 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 fords 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, 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 -6- 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 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. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY:/~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: April 21, 1999 Date of 1st Reading: April 21, 1999 Date of 2nd Reading: May 5 , 1999 Effective Date: May 13, 1999 REFEREAIGF~ Canm: 46.01 APPROV(/ED A/S TO FORM AND LEGALITY CORPORATION COUNSEL DATED: S-~~/~1~~ -7- TRUE NORTH ~-5a Scale: 1" = 1,000' A-5• 9068.28 N 7803.02 E "KEAHUOLU" OPEN A-5• OPEN OP N AGRICULTURAL (A-5a) TO SINGLE FAMILY RESIDENTIAL AREA: 12.294 ACRES MG-5 / OPEN ~o~VO jo I\\\ OPEN ML\ NOa y Gam P 1\ a~ \ OPEN 1 \ ~ P~J OPEN ~J~ OPEN pp \ ~ ? } OJ~~ ~ OPEN i p o 9 p,N~\tipe ~~~111... to K OPEN a \ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING AGR CULTURAL (HAA-5) TO USINGLE FAIAILY RESIDEINTIAL (RS'7 5) ATCHONOKOHAU 2ND ~N NORTH KONA, HAWAII. PREPARED BY :PUNNING DEPARTUENT COUNTY OF HAWAII TMK: 7-4-B:PORTION OF 26 SEPT. 25.1997 (MCCLPAN HONOKOII~U PROP..LP.) EXHIBIT "Aw (REZ) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii jog t1EIY 14 Hit 9 18 (DRAFT 2) ROLL CALL VOTE AYES NOES ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki X Date Introduced: April 21 1999 Chung X First Reading: April 21 1999 Elarionoff X Published: April 30 1999 Jacobson X Leithead-Todd X REMARKS: Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 Second Reading: MaV 5 1999 ROLL CALL VOTE To Mayor: MaV 10 1999 AYES NOES ABS EX Returned: May 14, 1999 Arakaki X Effective: Mav 13 1999 Chung X Published: Mav 26 1999 (HTH & WHT) Elarionoff X June 1, 1999 (RFD Publications) Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 7 1 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FO~aAND LEGAL~yTY: . DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII C NC/L CHAIRMAN Date S ~t ~ ~y C OUNTY CLERK Approi~ed~+serpp/nt'ed this d~+Y BiIINo.: 14 (Draft 2) AFOR, CO TYOFHAWA77 Reference: C-A46.01/PC-12 ' Ord. No.: 99