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Home My WebLink AboutBIL 184 Draft 01 1996-1998i 1 11 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 184 ORDINANCE NO. 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 -1a) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT KEALAKEHE, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-4:16. 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 Kealakehe, North Kona, Hawaii, shall be Single Family Residential (RS -10) Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly comer of Lot 2 of this subdivision and being a point on the Southeasterly side of Palm Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 12,033.42 feet North and 5,250.16 feet East and running by azimuths measured clockwise from True South: 1. 2010 43' 403.52 feet along the Southeasterly side of Palani Road to a 3/4 inch pipe (found); 2. 2520 35' 52.26 feet along Royal Patent 4006, Land Commission Award 10306 to Nuole to a point; 3. 2630 20' 36.80 feet along Royal Patent 4006, Land Commission Award 10306 to Nuole to a point; 4. 3460 48' 70.70 feet partially along the Easterly face of stonewall and along the Westerly side of Homestead Road to a concrete nail (set); -2- Thence, for the next fourteen (14) courses following along the Easterly face of stonewall and along the Westerly side of Homestead Road: 5. 347° 42' 31.70 feet to a 1/2 inch pipe (set); 6. 3590 30' 12.60 feet to a 1/2 inch pipe (set); 7. 8° 42' 11.80 feet to a 1/2 inch pipe (set); 8. 160 05' 39.50 feet to a point; 9. 150 19' 116.80 feet to a point; 10. 180 39' 25.00 feet to a spike (set); 11. 140 40' 12.60 feet to a spike (set); 12. 3340 52' 36.10 feet to a point; 13. 3360 28' 23.80 feet to a point; 14. 3380 19' 24.50 feet to a point; 15. 3410 19' 28.60 feet to a 1/2 inch pipe (set); 16. 150 47' 31.80 feet to a point; 17. 18° 04' 35.80 feet to a 1/2 inch pipe (set); 18. 300 36' 5.42 feet to a point; 19. 1110 43' 241.66 feet along Lot 2 of this subdivision and along the remainders of Lot 15 of the Kealakehe Homesteads, I st Series and Grant 3761 to Hoopala and Pamahoa to the point of beginning and containing an area of 1.662 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- 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 he 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. C. 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. D. Driveway access to the proposed subdivision shall be limited to two access points from Palani Road, meeting with the approval of the Department of Public Works. The entrance roadway sight distance shall meet the requirements of the Statewide Design Manual. All accesses to and within the proposed subdivision shall comply with the requirements of the Subdivision Code and the approval of the Department of Public Works. E. 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. F. 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 -3- 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. G. 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 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. H. Should the Council adopt a Unified Impact -Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included -4- herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. I. An initial extension of time for 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. 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). J. 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: "'COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REPERENCEt Comm. 646_�,� APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: IN A-V AN IOL (A -1a) ^-I' LE FAMILY IAL (RS -10) AtAGRICULTYRAL .662 ACRES w A-li�:� n-1. I la r/C\\�✓� \ \ \ Y W \ \ \ Y\ SrArV AMENDMENT TO THE ZONING CODE AMENDING THETION 2-8-3HAWAII COUNT(YN CDDE,ORTHKA BYMAP) CHANGING THE DISTRICT CLASSIFICATIOARTICLE 8, CHAPTER 25 NZONING FROM AGRICULTURAL (A -1a) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT KEALAKEHE, NORTH KONA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TALK 7-4-416 NOVEMBER 24.1997 (waiory awel EXHIBIT "A" • ^"5' K, 9. A liA-5iTRUE Vo NORTHSale: 1"=400' li ^-5a n -l. \\ A-V AN IOL (A -1a) ^-I' LE FAMILY IAL (RS -10) AtAGRICULTYRAL .662 ACRES w A-li�:� n-1. I la r/C\\�✓� \ \ \ Y W \ \ \ Y\ SrArV AMENDMENT TO THE ZONING CODE AMENDING THETION 2-8-3HAWAII COUNT(YN CDDE,ORTHKA BYMAP) CHANGING THE DISTRICT CLASSIFICATIOARTICLE 8, CHAPTER 25 NZONING FROM AGRICULTURAL (A -1a) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT KEALAKEHE, NORTH KONA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TALK 7-4-416 NOVEMBER 24.1997 (waiory awel EXHIBIT "A"