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Home My WebLink AboutORD 2012-076 2010-2012COUNTY OF HAWAII STATE OF HAWAII ORDINANCE NO.2 i6 (DRAFT 2) BILL NO. 219 AN ORDINANCE AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 1 ACRE (A -la) TO SINGLE - FAMILY RESIDENTIAL — 20,000 SQUARE FEET (RS -20) AT HOLUALOA 1ST AND 2ND (MAUKA), NORTH KONA DISTRICT, HAWAI`I, COVERED BY TAX MAP KEY: 7 -6- 004:018. 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 Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Holualoa 1st and 2nd (Mauka), North Kona District, Hawai`i, shall be Single- Family Residential — 20,000 square feet (RS -20): Beginning at the Southwest corner of this parcel of land, at the Southeast corner of 25 Foot Road, being the Northwest corner of 12 Foot Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MAHIPALI" being 1,816.35 feet South and 428.31 feet West, and running by azimuths measured clockwise from True South: 1. 194° 35' 132.57 feet along 25 Foot Road; 2. 270° 00' 358.81 feet along Allotment 15; 3. 360° 00" 124.84 feet along 12 Foot Road; 4. 89° 29' 40" 392.20 feet along 12 Foot Road to the point of beginning and containing an area of 1.090 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successor or assigns shall be responsible for complying with all 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 one hundred eighty (180) days from the effective date of this ordinance. C. Final Subdivision Approval for the proposed development shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access to the lots shall conform to Chapter 22, County Streets, of the Hawai`i County Code and be limited to Old Government Road. E. The applicant shall dedicate an additional 12.5 feet of right -of -way width along the property's Old Government Road frontage at no cost to the County. -2- F. On the preliminary plat map reflecting the proposed subdivision of the subject property, a 5 -foot wide future road widening setback, with no access permitted along the private roadway (known as Homestead Road) shall be clearly delineated and labeled in a manner meeting with the approval of the Department of Public Works. G. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii 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 recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. All development - generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to Final Subdivision Approval. I. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be for the additional lot to be created. 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 -3- (HCPI). The fair share contribution shall have a maximum combined value of $12,316.47 per single family residential unit. The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $5,939.22 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $286.51 per single family residential unit to the County to support police facilities; 3. $565.89 per single family residential unit to the County to support fire facilities; 4. $247.75 per single family residential unit to the County to support solid waste facilities; and 5. $5,277.10 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and /or construct 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 review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. J. The method of sewage disposal shall meet with the requirements of the Department of Health. -4- K. Should any undiscovered 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 mitigation measures have been taken. L. 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. M. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. 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, 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. -5- 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(s) should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property 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: COUNCIL MEMBER, COUNTY OF HAWAII Kona , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: April 17, 2012 April 17, 2012 May 2, 2012 May 16, 2012 REFERENCE: Comm. 647.5 Bill 219 /Comm. 647 1,81635' 5 428.31' W "MAHIPALI" AGRICULTURAL • ONE ACRE (A -1a) TO SINGLE•FAMILY RESIDENTIAL - 20,000 SQFT (RS -20) 1.090 ACRES TOTAL 0 125 250 500 750 A -la Feet 1,000 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- 1 ACRE (A -1 a) TO SINGLE - FAMILY RESIDENTIAL - 20,000 SQFT (RS -20), AT HOLUALOA 1ST and 2ND (MAUKA), NORTH KONA, HAWAII TMK: (3) 7 -6- 004:018 MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: NOV 16, 2011 CYWIRIT "A" Millicent Towata Grand AAn.. 1210 OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawaii (Dr Introduced By: Donald Ikeda Date Introduced: Apr i 1 17 , 2012 First Reading: Apri 1 17 , 2012 Published: April 26, 2012 REMARKS: Second Reading: May 2 , 2012 To Mayor: May 11, 2012 Returned: May 16, 2012 Effective: May 16, 2012 Published: May 24, 2012 REMARKS: 7012 -- n 14 t 6 PM 2: 28 ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 6 3 0 0 ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 6 3 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by th ounty Council published as indicated above. APPROVED AS TO FO&M AND LE ALITY: CORPORA COUNSEL COUNTY OF HAW Date MAY 15 2012 lb% approved this _ day ,20 VI— of MAYOR, COUNTY OF HA WAI 'I COUNCIL CHAIR OUNTY CLERK Bill No.: Reference: Ord No.: 219 (Draft 2) C- 647.5/PC -46 12 76