HomeMy WebLinkAboutORD 2012-156 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
12 1, � 6 BILL NO. 309
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 02 64 WHICH AMENDED 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 — 5 ACRES (A -5a) TO SINGLE FAMILY RESIDENTIAL — 20,000
SQUARE FEET (RS -20) AT KALAOA 4TH, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7 -3- 005:030.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 02 64 is amended as follows:
"SECTION 1. Section 25 -8 -3, Article 8, Chapter 25 (Zoning Code) of the [Hawaii]
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 Kalaoa 4th, North Kona,
[Hawaii] Hawai`i, shall be Single Family Residential — 20,000 square feet (RS -20):
Beginning at the northwest corner of this parcel of land at the southerly boundary
of Grant 1606 to Kanehailua the coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA" being 6,066.14 feet south
and 9568.31 feet west and running by azimuths measured clockwise from true South:
1. 272° 03' 111.67 feet along stonewall, Grant 1606 to
Kanehailua, Kona Coast View Subdivision;
2. 279° 19' 319.45 feet along same;
3. 262° 37' 30" 387.60 feet along same;
4. 265° 00' 30" 81.43 feet along same;
5. 285° 45' 81.14 feet along same;
6. 271° 33' 58.37 feet along same;
7. 286° 15' 30" 38.18 feet along same;
8. 263° 06' 39.01 feet along same;
9. 344° 23' 30.39 feet along road remnant, [Mamalahoa]
Mamalahoa Highway;
10. 311° 30' 44.00 feet along same;
11. 338° 52' 65.05 feet along same;
12. 89° 06' 30" 224.10 feet along stonewall, Lot 2;
13. 88° 09' 156.00 feet along same;
14. 92° 55' 252.80 feet along same;
15. 88° 22' 30" 101.06 feet along same;
16. 93° 36' 153.94 feet along Lot 5;
17. 93° 12' 282.00 feet along same;
18. 179° 58' 120.70 feet along same to the point of beginning
and containing an area of 136,289 square
feet or 3.13 acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. The County Council finds the following conditions are (1) necessary to
prevent circumstances which may be adverse to the public health, safety and welfare; and
(2) 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. In
this case, these conditions are imposed because of concerns over the overall density of the
proposed subdivision and to mitigate potential impacts upon public facilities and infrastructure
servicing the affected area. Therefore, this change in district classification is conditioned upon
the following:
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A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval;
B. The required water commitment payment for the development shall be submitted
to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within [90] 180 days from the effective date of this amended
ordinance.
C. Lots within the proposed subdivision shall not exceed the number of units of
water which are available and have been committed to the subject property by the
Department of Water Supply. Any further development shall occur only when
sufficient County water becomes available by construction of on- and off -site
water system improvements. All water system improvements shall meet with the
requirements of the Department of Water Supply prior to the issuance of Final
Subdivision Approval.
D. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five (5) years from the effective date of this amended
ordinance.
E. Roadway and access to all lots within the proposed subdivision shall meet with
the approval of the Department of Public Works.
F. The extension of Leimomi Street and any other roadway within the proposed
subdivision shall be constructed to County dedicable standards and dedicated to
the County of [Hawaii] Hawai`i upon request by the Department of Public Works.
The applicant shall consult with the Department of Public Works regarding
additional roadway connections to adjoining parcels, prior to the submittal of
plans for subdivision review.
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G. A drainage study for the project site shall be conducted by the applicant and
approved by the Department of Public Works, prior to the submittal of plan for
subdivision review. Drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works in conjunction with
the issuance of Final Subdivision Approval.
H. Restrictive covenants in the deeds of all proposed residential lots 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.
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 —
State Historic Preservation Division (DLNR -SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR -SHPD when it finds that sufficient mitigative measures have been
taken.
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] Hawai`i County Code relating to Affordable Housing Policy.
This requirement shall be approved by the County Housing Agency prior to final
subdivision approval.
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police and solid waste disposal facilities. The amount of the fair share
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
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
Council. The fair share contrib tion shall have a maximum combined value of
•
•
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 K. The fair share contribution shall be allocated as
follows:
1. $3,798.04 per single family residential unit for an indicated total of
$15,192.16 to the County to the County to support park and recreational
improvements and facilities;
2. $183.22 per single family residential unit for an indicated total of $732.88
to the County to support police facilities;
3. $361.88 per single family residential unit for an indicated total of
$1,447.52 to the County to support fire facilities;
'l. $158.'13 per single family residential unit for an indicated total of $633.72
to the County to support solid waste facilities; and
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5. $3,374.63 per single family residential unit for an indicated total of
$13,498.52 to the State or County to support road and traffic
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
development, subject to the approval of the director. The cost of providing and
constructing the improvements required in Condition F shall be credited against
or the cost of 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
aooronriate a�enci
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
allocated, and further implementation requirements.
K. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to roads, parks and recreation,
fire, police and solid waste disposal facilities. 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 (HCPI). The fair
share contribution shall have a maximum combined value of $12,772.64 per
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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. $6,159.19 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $297.12 per single family residential unit to the County to support police
facilities;
3. $586.85 per single family residential unit to the County to support fire
facilities;
4. $256.93 per single family residential unit to the County to support solid
waste facilities; and
5. $5,472.55 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.
[K] L. [
requirements of affected agencies for approval of the proposed subdivision within
the subject property.] Comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
[b] M. Should the Hawai`i County 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.
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[M.
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
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
The time extension granted shall be for a period not to exceed the period
one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Council for appropriate action.]
N. If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the Planning Commission and
County Council for appropriate action.
[N] O. 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 2. Material to be deleted is bracketed and struck through and material to be
added is underscored.
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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AGRICULTURAL (A-5a) TO
SINGLE FAMILY RESIDENTIAL (RS -20)
RS.,5
0
500
1000
1500
2000 Feet
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 REDSIDENTIAL (RS -20)
AT KALAOA 4TH, NORTH KONA, HAWAII
TMK :7- 3- 005:030
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
NOV. 30, 2001
EXHIBIT "A"
FOR REFERENCE ONLY
(Garver -1054)
SECTION 4. This ordinance shall take effect upon its approval.
Kona . Hawai`•
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL M . BER, CO OF
November 9, 2012
November 9, 2012
November 21, 2012
December 14, 2012
REFERENCE Comm. 856
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawai`i
Pete Hoffmann
November 9, 2012
November 9, 2012
November 17, 2012
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
November 21, 2012
November 30, 2012
December 14, 2012
December 14, 2012
December 29, 2012
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
X
Ikeda
X
Onishi
X
X
Pilago
X
X
Smart
X
Yagong
X
Yoshimoto
X
7
0
2
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
1
2
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the
indicated above.
APPROVED AS TO
FORM AND
DEPUTY CORPOR
COUNTY OF
Date
MAYOR, COUNTY OF HAWAII
day
ounty Council published as
U�-
COUNCIL CHAIRPE
li114
OUNTY CLERK
Bill No.:
Reference:
Ord No.:
309
C- 856/PC -67
12 156