HomeMy WebLinkAboutORD 2016-046 2014-2016 -'Ntv os q�
COUNTY OF HAWAII \_. *� STATE OF HAWAII
.rT,�TEO N►''�'.
BILL NO. 164
ORDINANCE NO. 1G 46
AN ORDINANCE AMENDING ORDINANCE NO. 99 36,WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—ONE
ACRE (FA-la) AT KEALAKEHE HOMESTEADS, 1ST SERIES, KEALAKEHE,NORTH
KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-4-004:033.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 99 36 is amended as follows:
"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:
SECTION 2. [This change in district classification is conditioned upon the following:] In
accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health.,
safety and welfare; or
(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.
A. The applicants, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. [ . . . . .. .. . - - .. .
ordinance.] The applicant is responsible for maintaining valid water commitments
to support the proposed use until such time that required water facilities charges
are paid in full. The applicants shall comply with all requirements of the
Department of Water Supply including the construction of all necessary water
improvements prior to final subdivision approval.
C. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five(5) years from the effective date of[the Change of
Zane] this ordinance.
D.
- ..', -- . . . . • . . -- ! --. . . . I . . . - . V-- -- . -
Manual.] A common driveway access approach for all proposed lots to
Mamalahoa Highway, including the provision of adequate site distances, shall
meet with the approval of DPW. 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] a future
road widening equal to half the difference between the existing right-of-way and
the proposed [50] 60 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 Hawai`i upon its request at no cost to the County.
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F. Restrictive covenants 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 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 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.
G. 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 issuance of
Final Subdivision Approval.
H. 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 DLNRHPD when it finds that sufficient mitigative measures
have been taken.
[The applicant shall make its fair share contribution to mitigate potential regional
police and solid waste disposal facilities. The amount of the fair share
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
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property is subdivided in two or mi - ---- , -- .. . . . -- . . -
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
Council. The fair share contribution shall have a maximum combined value of
$7,239.16 per single family residential unit. Based upon the applicant' s
. . ., - . . :. ., - . .
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
•
�.: • • - -- -
and facilities;
2. $168.10 per single family residential unit for an indicated total of$336.80
to the County to support police facilities;
3. $332. 61 per single family residential unit for an indicated total of$665.22
to the County to support fire facilities;
'1. $115. 62 per single family residential unit for an indicated total of
$291. 24 to the County to support solid waste facilities; and
5. $3,101.68 per single family residential unit for an indicated total of
$6,203.36 to the State or County to support road and traffic improvements.
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, . :,, . •. , . :. • . •: . - . ..•.
facilities, and roads within the region impacted by the proposed development,
in Condition I(5) for road and traffic improvements. For purposes of
administering Condition I, the fair market value of land contributed or the cost of
appropriate agencies.
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
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 transportation facilities. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval. The fair share contribution for each newly created lot shall be based on
the actual number of residential units developed. 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 combined value of$13,506.70
per single family residential unit. The total amount shall be determined based on
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the actual number of units or lots created 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. $6,513.17 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $314.20 per single family residential unit to the County to support police
facilities;
3. $620.58 per single family residential unit to the County to support fire
facilities;
4. $271.70 per single family residential unit to the County to support solid
waste facilities; and
5. $5,787.06 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. 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.
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K..
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.
• . -- -- - - --„ice would net 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.
'1. 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).]
If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for appropriate
action.
L. 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.
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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:
C s CIL 1 MBER, C TY OF HAWAI I
Kona, Hawai`i
Date of Introduction: April 20, 2016
Date of 1st Reading: April 20, 2016
Date of 2nd Reading: may 4, 2016
Effective Date: May 23, 2016
REFERENCE Comm. 748
-8-
OFFICE OF THE COUNTY CLERK '4;11r ;' { -
County of Hawai`i r
Kona, Hawai`i
Q ;h,r. ,1 2 t P? ! 1: 03
Introduced By: Greggor Ilagan (B/R) ROLL CALL VOTE
Date Introduced: Ap r i 1 20, 2016 AYES NOES ABS EX
First Reading: Apr i 1 20, 2 016 Chung X
Published: April 30, 2 016 David X
Eoff X
REMARKS. Ilagan X
Kanuha X
Onishi X
Paleka X
Poindexter X
Wille X
Second Reading: May 4, 2016 9 0 0 0
To Mayor: May 12, 2016
Returned: May 23, 2016
ROLL CALL VOTE
Effective: May 23, 2016
AYES NOES ABS EX
Published: June 4, 2016 Chung X
David X
REMARKS:
Eoff X
Ilagan X
Kanuha X
Onishi X
Paleka X
Poindexter X
Wille X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
<4""sl'-
13rd
CO UN CH IRPERSON
r
Appro Disapproved this day 1 •di
of k iiiii I . , 20 I4 o,I INTY CLERK
Bill No.:
libl -..z-- 164
MAYOR, COUNTY OFHAWAI`IC-748/PC-52
Reference:
Ord No.: 16 46
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AMENDMENT TO TIE 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-1 a) AT KEALAKEHE HOMESTEADS,
1ST SERIES, KEALAKEHE, NORTH KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
• COUNTY OF HAWAII
- i - - 1. SEPT. 30. 1998
TMK 7-4-A:33 I (Kenneth K. Leong)
EXHIBIT 'K KENNETH,..) NG TRUST I FOR REFERENCE ONLY 1 EXHIBIT A
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