HomeMy WebLinkAboutORD 2000-120 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 313
(Draft 2)
ORDINANCE N000 120
AN ORDINANCE AMENDING SECTION :?5-8-4 (SOUTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la AND
A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT KE`EKE`E 2ND, SOUTH KONA,
HAWAII, COVERED BY TAX MAP KEY e-1-3:PORTIONS OF 34 AND 50.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-4, 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 tI e following areas situated at Ke`eke`e 2"a, South
Kona, Hawaii, shall be Residential (RS-10):
Parcel 1:
Beginning at the Northeasterl} corner of this parcel of land, being also the
Northwesterly corner of Lot 4 of Hale and being an angle point on the Southerly
boundary of Lot 29-A as shown on Map 25 of Land Court Application 1609, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUU OHAU" being 1,345.39 feet North and 10,718.22 feet East and running by
azimuths measured clockwise from True South:
Thence, for the next four (4) courses following along stonewall and along the
remainder of Grant 977 to Par aunau:
1. 346° 11' 112.63 feet along Lot 4 of Hale Ka`eke`e to
a point;
2. 348° 18' 133.76 feet along Lot 4, the Westerly end of
Road "A" and Lot 3 of Hale
Ke`eke`e to a point;
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3. 1 ° 33' 3 .55 feet along Lot 3 of Hale Ke`eke`e to
a point;
4. 351° 36' 51;.25 feet along Lot 3 of Hale Ke`eke`e to
a point;
5. 349° 18' 1','.63 feet along Lot 26-G of Hale Ke`eke`e
and along the remainder of Roadway
to a point;
Thence, for the next six (6) courses following along Northerly face of stonewall
and along Grant 977 to Panai nau:
6. 76° ] 0' 3t~.23 feet to a point;
7. 68° 46' 61:.01 feet to a point;
8. 78° 3T 30" 3f,11 feet to a point;
9. 84° 40' 30" 2` .83 feet to a point;
10. 75° 28' 9~ .18 feet to a point;
11. 71 ° 34' 40.16 feet to a point;
Thence, for the next three (3) courses following along the remainders of Lot 26
and Grant 977 to Panaunau:
12. 180° 34' 16E.09 feet along Lot 26-B of Hale Ke`eke`e
to a point;
Thence, following along Lots 26-B, 26-C and 26-E of Hale Ke`eke`e on a curve to
the right with a radius of 45.00 feet,
the chord azimuth and distance
being:
13. 163° 10' S0" 8f.40 feet to a point;
Thence, for the next three (3) courses following alarg middle of stonewall:
14. 152° 21' 40" 18f .74 feet along Lot 26-E of Hale Ke`eke`e
to a point;
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15. 269° 03' 30" 221 57 feet along Lot 54-A as shown on
Map 28, Lot 42-A as shown on
Map 28 and Lot 41-A as shown on
Map 25 of Land Court Application
1609 to a point;
16. 271 ° 30' 85 08 feet along Lot 41-A and Lot :?9-A as
shown on Map 25 of Land Cuurt
Application 1609 to a point;
17. 266° 50' 29 90 feet along Lot 29-A as shown on
Map 25 of Land Court Application
1609 to the point of beginning and
containing an area of 2.654 Acres.
Parcel 2:
Beginning at the Northeasterl} corner of this parcel of land, being also the
Southeasterly corner of Lot 19 and bung a point on the Westerly side of Hawaii Belt
Road (Mamalahoa Highway), the coo ~dinates of said point of beginning referred to
Government Survey Triangulation Stidion "PUU OHAU" being 1,078.26 feet North and
11,134.40 feet East and running by azimuths measured clockwise from True SoutJi:
Thence, following along the V~'esterly side of Hawaii Belt Road (Mamalahoa
Highway) on a curve to the left with
a radius of 2,322.01 feet, the chord
azimuth and distance being:
1. 357° 44' 43" 10 50 feet to a point;
Thence, for the next six (6) co arses following along Northerly face of stonewall
and along Grant 977 to Panaunau:
2. 82° 0T 52 11 feet to a point;
3. 78° 21' 30" 53 33 feet to a point;
4. 76° 4T 1 l2 52 feet to a point;
5. 81° 24' 98 70 feet to a point;
6. 82° 53' 30" 35 89 feet to a point;
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7. 76° 10' t..16 feet to a point;
8. l69° 18' 1.63 feet along Lot 26-A of Hale Ke`eke`e
and along the remainder of Roadway
to a point;
9. 259° 25' S0" 25..25 feet along stonewall, along hots 3, 2,
and 1 of Hale Ke`eke`e and along
Grant 977 to Panaunau to a point;
10. 261 ° 25' 1 OE .75 feet along Lot 19 and along
Grant 977 to Panaunau to the point
of beginning and containing an area
of 4,995 Square Feet.
All as shown on the map attar hed 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 be secured within
five (5) years from the effective date of this ordinance.
D. Restrictive covenants in the c eeds of all residential lots within the propesed
subdivision shall prohibit the construction of a second dwelling unit on each lot.
A copy of the proposed cove pants to be recorded with the Bureau of
Conveyances shall be submit ed with the plans for subdivision to the Planning
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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 Conveyan~:es in conjunction with the issuance of Fin;il
Subdivision Approval.
E. Interior subdivision roadways and its connection to the Mamalahoa Highway,
including any intersection improvements to the Mamalahoa Highway shall be
constructed meeting with the ; equirements and approval of the Department of
Public Works.
F. All roadways within the prop~~sed subdivision shall be constructed meeting with
the requirements of Chapter c3, Subdivision Code. Roadway improvements
within the proposed subdivisi m shall include curb, gutter and sidewalks
G. A drainage study of the subje a 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 meetin; with the approval of the Department of Public
Works prior to the issuance of Final Subdivision Approval.
H. Should any remains of histori:, sites, such as rock walls, terraces, platforms,
marine shell concentrations o ~ 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 stall proceed upon an archaeological clearance from
the DLNR-HPD when it find:; that sufficient mitigative measures have baen
taken.
I. The applicant shall make its fair share contribution to mitigate potential regional
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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 he 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 i t 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 six (6) residential units, the
indicated total of fair share cantribution is $43,434.96 for single-family
residential units. However, he total amount shall be increased or reduced in
proportion with the actual number of units according to the calculation ;ind
payment provisions set forth in this Condition I. The fair share contrib~ition
shall be allocated as follows:
1. $3,490.85 per single-family residential unit for an indicated total of
$20,945.10 to the Coanty to support park and recreational improvements
and facilities;
2. $168.40 per single-family residential unit for an indicated total of
$1,010.40 to the County to support police facilities;
3. $332.61 per single-family residential unit for an indicated total of
$1,995.66 to the County to support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of
$873.72 to the County to support solid waste facilities; and
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5. $3,101.68 per single-family residential unit for an indicated total of
$18,610.08 to the Stag 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 (HOPI). In lieu of
paying the fair share contribution, the applicant may construct and contribute
improvements/facilities relate~j 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 I (5) for road and traffic improvements. For
purposes of administering Co edition I, the fair market value of land comributed
or the cost of any improveme its required or made in lieu of the fair shay e
contribution shall be subject t > 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.
J. 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.
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K. In lieu of actual construction >f infrastructural improvements as conditioned
above, the applicant may enter into an agreement with the Planning Director and
the Department of Public Wo ks and the Department of Water Supply, i9'
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 he granted prior o the actual construction of required
infrastructural improvements anless otherwise restricted herein.
L. Comply with 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.
M. An annual progress report shy 11 be submitted to the Planning Director prior to
the anniversary date of the ap ~roval of the ordinance. The report shall include,
but not be limited to, the stab s of the development and to what extent the
conditions of approval are being complied with. This condition shall rernain in
effect until all of the conditions of approval have been complied with and the
Planning Director acknowledl;es that further reports are not required.
N. An initial extension of time fr~r the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
I. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or
assigns, and that are not the result of their fault or negligence.
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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).
O. Should any of the conditions rot be met or substantially complied with iii 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 tal e effect upon its approval.
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~~~OUNCIL MEMBER, COUNTY OF HAV~'AII
Hilo, Hawaii
Date of Introduction: ~ptember 20, 2000
Date of 1st Reading: Septsnber 20, 2000
Date of 2nd Reading: October 4, 2000
Effective Date: October 12, 2000
APPROVED AS TO FORM AND LEGALF'Y
CORPORATION COUNSEL
DATED:
-9-
( r _ ~
f:5 - 10 ~
~ ~
t?5-10
w
t V
N 5
~ 11 LL
z • ~ KS-10 CV-10
w ~ KS-10
~ ~ ~ O
N ~ ~ Q
~~E ~ ~ Q
E Q 2
~ ~ o a
0
~I
KA"PP"+~ 1 345.39 N
'~SOIJTH
~ 1 0,71 8.22 E CV - 10
y~ "PUU OAHU"L=i
S T
4.~mg RS-10
' 4i ~
+
I:5-10 ~-10
~ r-
-N " ~s - to PARCEL 1 ~
rs - Icy
A-la
i a
.i'"~ n
- a
A-5a n
/ 1 ,078.26 N x
PARCEL 2 > > ,1 34.04 E P
"PUU OAHU"~
PARCEL 1 / A _ c,a
AGRICULTURAL (A-10) cv - Ic
TO SINGLE FAMILY RESIDENTIAL
(RS-10)
AAREA: 2.654 ACRES
cv-lo n
PARCEL 2 `
AGRICULTURAL (A-So)
TO SINGLE FAMILY RESIDENTIAL A - 5a
(RS-10)
AREA: 4,995 S0. FT.
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROA4-
AGRICULTURAL (A-1 a do A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT KEEKEE 2ND,
SOUTH KONA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 8-1-03: 34 por. & 50 por. JULY 25, 2000
(CENTRAL KONA LANG. LLC)
EXHIBIT °A°
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo , Hawaii
(Draft 2)
ROLL CALL VOTE
-.AYES - ,NOES, t, A~BS EX
InVOducedBy: Bobby Jean Leithead-Todd Arakaki X
Date Introduced: September 20, 2000 _ Chung X
First Reading: September 20, 2000 _ Elarionoff '-X
Published: N/A _ Jacobson X
Leithead-Todd X
RFr1ti4RKS: _ Pisicchio X
- Smith X
- Tyier X
- Yagong X
- 8 0 1 0
Second Reading: October 4, 2000 _
To Mayor October 6, 2000 _ ROLL CALL VOTE
Returned: October 12, 2000 _ AYES NOES ABS EX
Effective: October 12, 2000 Arakaki X
Published: October 23, 2000 - Chung x
Elanonoff X
RELIARKSr _ Jacobson X
- Leithead-Todd X
- Pisicchio X
- SmiUi X
- Tvler X
Yagong X
8 0 1 0
I DO HEREBY CERTIFY that the, foregoing BILL vas adopted by the County Council pttblishrd as
indicated above.
APPROVED AS TO
FORM AND LEG ITY: , j,~ /
t7TY CORPORATION COUNSEL
COUNTY OF HAWAII X'OI;' 'CIL CHAIR~lL4N
Date
( 'CLERK
Approved/Bn+ee/pp'rerord this ~ 2 day
of G G-~'11/~ ~ p CTC!
Bil1No.: 313 (Draft 2)
vuQ~„~,t Reference: C-908.001/PC-114
YOR, COL/ TYOFHAWAII Ord. No.: OO 120