HomeMy WebLinkAboutBIL 048 Draft 01 2018-2020 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 48
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 12 156, WHICH AMENDED
ORDINANCE NO. 02 64, WHICH AMENDED SECTION 25-8-3 (NORTH KONA ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I 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, HAWAI`I, COVERED BY TAX MAP KEY: 7-3-005:030.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 12 156 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)} (2016 Edition, as amended), 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,
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;
-1-
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
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
-2-
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:
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 180 days from the effective date of this amended
ordinance. The applicant, successors, or assigns are responsible for maintaining
valid water commitments to support the proposed use until such time that required
water facilities charges are paid in full.
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. The applicant shall construct necessary water system
improvements as required by the Department of Water Supply.
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.
-3-
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 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.
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
-4-
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, Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to final
subdivision approval.
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]
$14,329.89 per 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] $6,910.13 per single family residential unit to the County to
support park and recreational improvements and facilities;
-5-
2. [$297.12] $333.35 per single family residential unit to the County to
support police facilities;
3. I$5-8&85] $658.40 per single family residential unit to the County to
support fire facilities;
4. [$256.93] $288.25 per single family residential unit to the County to
support solid waste facilities; and
5. [$5,472.55] $6139.77 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.
L. Comply with all applicable County, State and Federal laws, rules, regulations and
requirements.
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.
-6-
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.
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 repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. Severability. If anyp rovision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provision or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF AWAPI
Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 197
-7-
N
AGRICULTURAL(A-5a)TO \l`
SINGLE FAMILY RESIDENTIAL(RS-20)
W `•. E
AREA=3.129 Pts.
A_s, S
AA-2Ce \
HUtANI S?. ��
msa as3 _
asp
I
p
A-2Ce
to
Asa i h:a
AHIKAWA T. ti'°
Asa
.4Sa A S 316:c
Oa
,.,•-,...-- z*
.420az
,
a�
RS-106,213.60 S
8 399.55 W
05a "MOAN IAHEA"'
1111111111111
204
A-5. RS-10
1111.1111111
110
RS-15
AZ. A-20a
0 500 1040 1500 2000 Feet
AMENDMENT TO THE ZONI NG C061....._
1
AMENDING SECTION 25-8-3MAP NORTH KONA ZONE
( )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
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK:7-3-005:030 NOV. 30, 2001
EXHIBIT"A" (Garver-1054)
FOR REFERENCE ONLY