HomeMy WebLinkAboutORD 1998-065 1996-19980
COUNTY OF HAWAI ` } l : • STATE OF HAWAII
BILL NO.
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(Draft 3)
ORDINANCE NO. 98 65
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 -5a) TO
RESIDENTIAL AND AGRICULTURAL (RA -.5a) AT PUAA 2ND, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-10:POR. 4.
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 Puaa 2nd., North Kona,
Hawaii, shall be Residential and Agricultural (RA -.5a):
Beginning at a found spike at the Southeast corner of this parcel of land, being
also the North corner of Lot 38, Land Court Application 1666 (Map 6) and on the
Westerly side of Hienaloli-Kahului Road, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "KAHELO" being 5,032.15 feet
North and 7,327.36 feet East, and running by azimuths measured clockwise from True
South:
1.
770
53'
45"
225.61 feet
2.
780
53'
40"
567.07 feet
3.
850
29'
00"
229.10 feet
Thence, along, close to and crossing
stonewall, along Land Court
Application 1666 for the next three (3)
courses;
along Lots 38 and 37 to a found pipe;
along Lots 37, 34, 33 and 30 to a found
pipe;
along Lots 30, 29 to a point;
4.
1660
40' 15"
654.89 feet
along the remainder of Grant 1744 to
Kahaunaele, crossing Parcel 4 to a point;
Thence, along Royal Patent 7845, Land
Commission Award 7715, Apana 13 to
Lota Kamehameha for the next two (2)
courses;
5.
2560
40' 15"
923.28 feet
to a found pipe;
6.
2510
57' 15"
13.87 feet
to a found pipe;
Thence, along Hienaloli-Kahului Road
(40 -Ft. wide) for the next three (3)
courses;
7.
3500
43'
375.23 feet
to a found spike;
8.
3370
30'
144.46 feet
to a point;
9.
3230
46'
218.25 feet
to the point of beginning and containing
an area of 14.989 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, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Rural District.
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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 this ordinance.
D. Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five (5) years from the
effective date of this ordinance.
E. Access to the subject property from Hienaloli-Kahului Road shall meet with the
requirements of the Department of Public Works. The entrance roadway sight
distance shall meet the requirements of the Statewide Design Manual. All lots
shall be accessed from one common access road.
F. In conjunction with Final Subdivision Approval, the applicant shall provide
roadway improvements along the entire subject property's Hienaloli-Kahului Road
frontage, equal to half the difference between 50 feet and the existing right-of-way
width, meeting with the requirements and approval of the Department of Public
Works. The applicant shall dedicate the right-of-way portion(s) in fee simple to
the County of Hawaii upon its request.
G. All roadways within the proposed subdivision shall be constructed to County
dedicable roadway standards meeting with the approval of the Department of
Public Works.
H. In order to ensure the safety of bicyclists and pedestrians, the applicant shall
provide paved shoulders along the entire Hienaloli-Kahului Road frontage of the
subject property meeting with the approval of the Department of Public Works.
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I. A drainage study of the project site, if required, shall be prepared and submitted
for review and approval to the Department of Public Works, prior to submittal of
plans for subdivision review. Drainage improvements, if required, shall be
constructed meeting with the approval of the Department of Public Works prior to
the issuance of Final Subdivision Approval.
J. 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.
K. Restrictive covenant(s) in the deeds of all the proposed residential/agricultural lots
within the subject property 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.
L. 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.
M. 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,
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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 value of
$7,239.16 per single-family residential unit. Based upon the applicant's
representation of intent to develop up to fifteen (15) residential units, the indicated
total of fair share contribution is $108,587.40 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 M. The fair share contribution shall be allocated as
follows:
1. $3,490.85 per single-family residential unit for an indicated total of
$52,362.75 to the County to support park and recreational improvements
and facilities;
2. $168.40 per single-family residential unit for an indicated total of
$2,526.00 to the County to support police facilities;
3. $332.61 per single-family residential unit for anindicated total of
$4,989.15 to the County to support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of
$2,184.30 to the County to support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of
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$46,525.20 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 (HOPI). 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 Conditions E, F, and H shall be
credited against the sum specified in Conditions M (1) and M (5) for park and
road and traffic improvements. For purposes of administering Condition M, 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.
N. 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.
O. Comply with all applicable laws, rules, regulations and requirements of affected
agencies for approval of the proposed development within the subject property.
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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, 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).
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 declared invalid, such
invalidity shall not affect the other parts of this ordinance.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED
Hilo, Hawaii
Date of Introduction:
June
1,
1998
Date of Ist Reading:
June
1,
1998
Date of 2nd Reading:
June
16,
1998
Effective Date:
July
2,
1998
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
MAIM"
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5,032.15 N
' 7,327.36 E
"KAHELO" &
A -OA
954/5
A -5a
A -5a
./# I I A -5a
A -la
TRF �
soo
A -le
To
A
A -/a
AGRICULTURA (A -5a)
TO RESIDENTIAL AND
AGRICULTURAL (RA—.5a)
AREA: 14.120V ACKLZO
A -5a
.9
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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 RESIDENTIAL AND AGRICULTURAL (RA—.5a) AT PUAA 2ND,
NORTH KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 7-5-10: PORTION OF 4 APRIL 3, 1998
EXHIBIT "A" (NACKOWSKI) Fm
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Second Reading:
C'OFFICE OF THE CO `CLERK
County of Hawaii
Hilo
Bobby Jean Leithead=Todd
June .1, 1998
June 1, 1998
June 8, 1998
To Mayor:
June
19,
1998
Returned:
July
2,
1998
Effective:
July
2,
1998
Published:
July
10,
1998
REMARKS:
t DRAFT -4
I DO HEREBY CEE7tetore�png BILL was adopted by the County Council and published as
indicated above.
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date JUN 2 3 1998
App ro ed/ d this. day CO NCIL CHAIRMAN
of 19
HAWAII
COUNTY CLERK
Bill No.: 235 ( Draft 3 )
Reference: C-826..02/PC-112
Ord. No.: 98 65 r
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Chung
x
Leithead-Todd
X
Ray
X
Reynolds
X
Santangelo
X
Smith
X
Tyler
X
Yagong
X
8 0 1 0 -
I DO HEREBY CEE7tetore�png BILL was adopted by the County Council and published as
indicated above.
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date JUN 2 3 1998
App ro ed/ d this. day CO NCIL CHAIRMAN
of 19
HAWAII
COUNTY CLERK
Bill No.: 235 ( Draft 3 )
Reference: C-826..02/PC-112
Ord. No.: 98 65 r
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X.
Chung
X
Leithead-Todd
X
Ray
x
Reynolds
x
Santangelo
X
Smith
x
Tyler
X
Yagong
x
9 0 0 0—
I DO HEREBY CEE7tetore�png BILL was adopted by the County Council and published as
indicated above.
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date JUN 2 3 1998
App ro ed/ d this. day CO NCIL CHAIRMAN
of 19
HAWAII
COUNTY CLERK
Bill No.: 235 ( Draft 3 )
Reference: C-826..02/PC-112
Ord. No.: 98 65 r