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Home My WebLink AboutBIL 166 Draft 01 1996-1998k COUNTY OF HAWAII STATE OF HAWAII ORDINANCE BILL NO. 166 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 -.5) AT HONOKOHAU 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-06:38. 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 Honokohau 2nd, North Kona, Hawaii, shall be Residential and Agricultural (RA -.5): Beginning at the Northwesterly comer of this parcel of land, being also an angle point on the Easterly side of Palani Road, the coordinates of said point of beginning referred to Hawaiian Plane Coordinate System, Zone I, being 309,553.68 feet North and 335,638.41 feet East and running by azimuths measured clockwise from True South: 1. 2620 14' 15" 388.09 feet along the Southeasterly side of Palani Road and along the Southerly boundary of Royal Patent 7587, Land Commission Award 11216, Apana 36 to M. Kekauonohi to a point; 2. 2710 36' 20" 109.18 feet along the remainder of Land Commission Award 9971, Apana 9 to W. P. Leleiohoku to a point; 3. 349° 38' 486.76 feet along Lot t and along the remainder of Land Commission Award 9971, Apana 9 to W. P. Leleiohoku to a point; 4. 67° 40' 36" 205.53 feet along Lot 2 and along the remainder of Land Commission Award 9971, Apana 9 to W. P. Leleiohoku to a point; 5. 1320 35' 599.76 feet along Lots 2 and 4 and along the remainder of Land Commission Award 9971, Apana 9 to W. P. Leleiohoku to a point; 6. 222° 35' 25.00 feet along Lot 6 and along the remainder of Land Commission Award 9971, Apana 9 to W. P. Leleiohoku to a point; 7. 1320 35' 0.36 feet along Lot 6 and along the remainder of Land Commission Award 9971, Apana 9 to W. P. Leleiohoku to a point; Thence, following along Lot 6 and along the remainder of Land Commission Award 9971, Apana 9 to W. P. Leleiohoku on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 8. 1760 09' 26" 27.57 feet to a point; Thence, following along the Easterly side of Palani Road on a curve to the left with a radius of 270.00 feet, the chord azimuth and distance being: 9. 2120 42' 41" 65.99 feet to the point of beginning and containing an area of 5.055 Acres. 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. -2- B. The applicants, 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. 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 the Change of Zone ordinance. E. All interior subdivision roadways shall be constructed to County dedicable roadway standards meeting with the approval of the Department of Public Works. F. Access to the subject property from Palani 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. G. In conjunction with Final Subdivision Approval, provide paved shoulder along the entire subject property's Palani Road frontage, meeting with the approval of the Department of Public Works. H. Restrictive covenant(s) in the deeds of all the proposed 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 to the Planning Director for review and -3- approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant 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 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. A drainage study of the project site, 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 meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the Office of Housing and Community Development that the applicant's affordable housing requirements, if any, have been mutually agreed to prior to the Final Subdivision Approval for any portion of the subject property. K. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls 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. L. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste -4- disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the subject property or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. 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). In lieu of paying the fair share contribution for other facility impacts, the applicants may construct such facilities related to roads, park, fire, police and solid waste disposal facilities with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions. M. 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 Fee Ordinance. 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: -5- 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). 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 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. M SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED"BY COUNCIL MEMBER, COUNTYOF HAWAII Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: comm. 574 -7- — E RTH � Scale TRUNO 1 =500 A -20a A -la 309,553.68 N 335,638.41 E A -la To Waimea A -la AGRICULTURAL (A -5a) TO RESIDENTIAL AND AGRICULTURAL (RA—.5a) AREA = 5.055 ACRES A -la \ -NOTE: COORDINATES REFERRED TO "1UWNUW PUKE COORDINATE SYSTEM. ZONE 1". A -la \ A 5a 9 \\ A 5a la A -5a a A -la —A - —!a \l V_ _t --alE 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 RESIDENTIAL AND AGRICULTURAL (RA—.5a) AT HONOKOHAU 2ND, NORTH KONA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-4-6:38 JULY 16, 199 1ANIU1I A- (uena oeo„a Ran�anny (RE2)