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Home My WebLink AboutBIL 331 Draft 01 1996-1998COUNTY OF HAWAII STATE OF HAWAII BILL NO. 331 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 -5a) TO FAMILY AGRICULTURAL (FA -la) AT KEALAKEHE HOMESTEADS, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-4:33. 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 Homesteads, North Kona, Hawaii, shall be Family Agricultural (FA -la): Beginning at a I/2 inch pipe in concrete (found) at the Northeasterly comer of this parcel of land, being also a point on the Southerly boundary of Grant 3456 to G. McDougall and being a point on the Westerly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 13,427.91 feet North and 8,358.02 feet East and running by azimuths measured clockwise from True South: 3260 09' 60.38 feet along the Westerly side of Mamalahoa Highway to a 1/2 inch pipe in concrete (set); Thence, following along the Westerly side of Mamalahoa Highway on a curve to the left with a radius of 286.00 feet, the chord azimuth and distance being: 2. 317° 07' 30" 89.73 feet to a 1/2 inch pipe in concrete (set); 3. 720 51' 30" 168.66 feet along the remainder of Grant 3924 to P. Peahi to a 1/2 inch pipe in concrete (set); 4. 3450 00' 122.97 feet along the remainder of Grant 3924 to P. Peahi to a W' on rock (found); A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. -2- Thence, for the next eight (8) courses following along Royal Patent 5123, Land Commission Award 10950 to Waiwaiole: 5. 820 53' 30" 49.53 feet to a nail in concrete (found); 6. 830 32' 69.13 feet to a 1/2 inch pipe in concrete (set); 7. 750 15' 30" 37.98 feet to a 1/2 inch pipe in concrete (set); 8. 770 26' 30" 43.26 feet to a 1/2 inch pipe in concrete (set); 9. 740 41' 30" 57.06 feet to a 1/2 inch pipe in concrete (set); 10. 710 26' 61.73 feet to a 1/2 inch pipe in concrete (set); 11. 740 49' 56.05 feet to a 1/2 inch pipe in concrete (set); 12. 710 18' 30" 33.19 feet to a 1/2 inch pipe in concrete (set); 13. 730 06' 30" 284.67 feet along Royal Patent 5228, Land Commission Award 8608, Apana 1 to Kaahui to a "+" on rock (found); 14. 1630 36' 50" 232.53 feet along Lot 8-A of the Kealakehe Homesteads and along Grant 3965 to W. H. Kalaiwaa to a "+" on rock (found); 15. 2520 51' 30" 804.25 feet along Grant 3456 to G. McDougall to the point of beginning and containing an area of 4.201 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 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. 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 from Mamalahoa Highway, 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. To provide for future road widening improvements, roadway frontage equal to half the difference between the existing right-of-way and the proposed 50 foot right-of-way as required by the General Plan shall be delineated on subdivision plans. The future road widening shall be dedicated to the County of Hawaii upon its request at no cost to the County. F. 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. G. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be -3- 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. H. 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 applicant 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. -4- 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. J. 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, 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). K. 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 HAAII Hilo, Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 1050 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 0 - '.f \ A20a \ � � TRUE NORTH �� >cole i =eoo�� A -la A -la A -la A -la ✓/ 13,42].91 8.358.02 N E KAILUA' \ (NORTH MERIDIAN) A -5a c A -la A -20a A -5a A -5a AGRICULTURAL (A -5a) TO FAMILY AGRICULTURAL (FA -1a) AREA: 4.201 ACRES A -la \ A -5a `• J 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 FAMILY AGRICULTURAL (FA -1a) AT KEALAKEHE HOMESTEADS, IST SERIES, KEALAKEHE, NORTH KONA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY GF HAWAII TMK : 7-4-4:33 SEPT. 30, 19 EXHIBIT p,' V-1, K. L..,)