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Home My WebLink AboutORD 2000-085 1998-2000 COUNTY OF HAWAII ~ ~~t r; ;STATE OF HAWAII ,~r~ , BILL NO. 271 (Draft 3) ORDINANCE NO. UO 8S 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-15) AT KEAUHOU 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-8-11:10 AND 13. 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 Keauhou 1 s`, North Kona, Hawaii, shall be Single Family Residential (RS-15): Beginning at a 1 inch pipe at the Southwesterly corner of this parcel of land, being also an angle point on the Easterly boundary of Lot 6, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 4,050.75 feet North and 3,850.43 feet East and running by azimuths measured clockwise from True South: 1. 160° 54' 30" 439.09 feet along Lot 6, along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 7 to V. Kamamalu, along Lot 5-A, along the remainder of Land Commission Award 11046, Apana 1 to Molale, along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 7 to V. Kamamalu and along Royal Patent 4475, Land Commission Award 7713, Apana 7 to V . Kamamalu to a '/z inch pipe; 2. 232° 08' 40" 712.50 feet along Land Commission Award 9702 to Pimoe to a `/z inch pipe; 3. 185° 31' 30" 158.20 feet along Land Commission Award 9702 to Pimoe to a'/4 inch pipe; 4. 263° 34' 674.45 feet along the Southerly end of Lot 53 (Road Parcel) and along Lots 19, 34, 35, 36 and 37 of Keauhou Estates, Phase III (File Plan 2137) and along the remainder of Land Commission Award 9701 to Apea to a I %4 inch pipe; 5. 358° 55' 326.21 feet along Royal Patent 4475, Land Commission Award 7713, Apana 7 to V. Kamamalu and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 7 to V. Kamamalu to a'/o inch pipe; 6. 85° 11' 30" 227.68 feet along Land Commission Awazd 10258, Apana 3 to Maikai to a'/< inch pipe; 7. 356° 03' 15" 192.83 feet along Land Commission Awazd 10258, Apana 3 to Maikai to a'/e inch pipe; 8. 58° 51' 30" 791.46 feet along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 7 to V. Kamamalu to a''/z inch pipe; 9. 57° 4T 30" 259.44 feet along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 7 to V. Kamamalu to the point of beginning and containing an area of 14.680 Acres. -2- 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, its 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 90 days of the effective date of the change of zone ordinance. C. Final Subdivision Approval for the residential subdivision development for Phase II of Bayview Subdivision shall be secured within five (5) years from the effective date of the ordinance. D. Restrictive covenants in the deeds of all proposed residential lots within the subject property shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenants to be recorded with the Bureau of Conveyances shall be submitted with the plans for subdivision to the Planning Director for review and 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 in conjunction with the issuance of Final Subdivision Approval. E. Access(es) and intersection roadway improvements to the subject property from Kaluna Street shall be constructed meeting with the requirements and approval of the Department of Public Works. -3- F. All roadways within the proposed subdivision shall be constructed meeting with the requirements of Chapter 23, Subdivision Code. Roadway improvements within the proposed subdivision shall include curb, gutter and sidewalks. G. A drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. H. The applicant, its successors or assigns shall submit a Solid Waste Management Plan for the development to the Department of Public Works for review and approval. A copy of the approved Plan shall be submitted to the Planning Department prior to the issuance of Final Subdivision Approval. I. An Archaeological Data Recovery Plan and Preservation Plan shall be submitted for the review and approval to 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 final subdivision approval and/or prior to any approval for any land alteration permits. An interpretation mitigation plan for the subject property and specifically the Keauhou Trail shall include buffer zones, a system for perpetual public access, signage and long-range preservation concerns shall be submitted to the Planning Director prior to Final Subdivision Approval. -4- 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-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. 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 Policy. This requirement shall be approved by the County Housing Agency prior to Final Subdivision Approval. L. 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 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 -5- value of $7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to forty-five (45) residential units, the indicated total of fair share contribution is $325,762.20 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 L. The fair share contribution shall be allocated as follows: 1. $3,490.85 per single-family residential unit for an indicated total of $157,088.25 to the County to support park and recreational improvements and facilities; 2. $168.40 per single-family residential unit for an indicated total of $7,578.00 to the County to support police facilities; 3. $332.61 per single-family residential unit for an indicated total of $14,967.45 to the County to support fire facilities; 4. $145.62 per single-family residential unit for an indicated total of $6,552.90 to the County to support solid waste facilities; and 5. $3,101.68 per single-family residential unit for an indicated total of $139,575.60 to the State or County to support road and traffic improvements. 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 (HCPI). 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 required in Condition E shall be credited against the sum specified in Condition L (5) for road and traffic improvements. For -6- purposes of administering Condition L, 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. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessments of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. In lieu of actual construction of infrastructural improvements as conditioned above, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, if applicable, Final Subdivision Approval for the subject property or portions thereof may be granted prior to the actual construction of required infrastructural improvements unless otherwise restricted herein. O. Comply with all applicable laws, rules, regulations and requirements of other affected agencies for approval of the proposed development within the subject property, including the Department of Health. -7- P. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. Q. 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 applicant, its 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. -8- R. 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. INTRODUCED BY: _ ~ i i r . i . ~ ~ ' COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: July 7, 2000 Date of 1st Reading: July 7, 2000 Date of 2nd Reading: July 26, 2000 Effective Date: /'~~uOS()~L 4 , 2000 REFEREfdCce C:orralr~. ,,,,.__/__.~W___._.. APPROVED AS TO FO AND LEUALITY CORP R~~~~~~SEL DATED: ~~~~OO -9- TRUE NORTH A-5a Scale: 1' : ~ A - 5 a y~ ~ U I k'S - is .PS - /5Y h o U a K e A. Sa A-5a Rs-l5 e z ~ AGRICULTURAL (A-5a) a t ~ / s ~ TO SINGLE FAMILY ~ 5 ~ RESIDENTIAL (RS-15) KM - 3.5 ^i'q AREA: 14.680 ACRES LN9 I P5 -/5 III I 4,050.75 N s e 3,850.43 E STRe~P h a I A 5a / 'KEAUHOU COAST"~ RM -3.5 KM -3.5 I ~ A-5a RS - / 5 I 2M - 5. 5 \ O O ~ ~ 2M -5.5 O PM -5.5 O O !'M 3 O U O A-5a PM -3 ° HIGHWAY P~\\ PM -2 O KM 3 PM -2 ~ 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 KEAUHOU 1ST, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-8-11: 10 & 13 APRIL 5, 2000 EXHIBIT "A„ (Kic1 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii (DRAFT 3) ROLL CALL VOTE AYES; , NiQE~ ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki X " Datebrtroduced: July 7, 2000 Chung X Firs[Reading: July 7, 2000 Elarionoff X Published: July 19, 2000 (HTH & WHT) Jacobson X July 29, 2000 (RFD Publ.) Leithead-Todd X Pisicchio X RENL9R~CS: Smith X Tyler X Yagong X e 1 0 0 ROLL CALL VOTE Second Reading: July 26, 2000 AYES NOES ABS EX To Mayor: July 31, 2000 Arakaki X Resumed: Aucxust 4, 2000 Chung X Effective: August 4, 2000 Elarionoff X Published: August 21, 2000 Jacobson X Leithead-Todd X REAGI RK.S: Pisicchio X Smith X Tyler X Yagong X 6 1 2 0 I DO HEREBY (ER7%FY that the, foregoing BILL t+~as adopted by the County ('ouncil published as indicated above. APPROVED AS TO FORMA L L TY CORPORATION COUNSEL COUNTY OF HAWAII C'~ UN(7L CFLdIRAL9N Date AUG ~ 3 2000 - ~ a_ . C(77J~'TI" <'LERli Approved~9irea'thi.r ~ dnv of G _,'0~ i ~ BillNo.: 271 ;Draft 3) v - OR, COIIN7 )F HAWAII Reference: C-797/PC-103 Ord. No.: