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Home My WebLink AboutORD 2019-057 2018-2020 .............. COUNTY OF HAWAII •f .`k-''=-Yii*- STATE OF HAWAII 1'+rrEOFMF'�'`• BILL NO. 48 ORDINANCE NO. 19 S ( 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 HAWAII 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, HAWAII, 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] $333.35 per single family residential unit to the County to support police facilities; 3. [$-5-86785] $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 any provision 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: P71 COUNCIL MEMBER, COUNTY OF AWAI`I Kona Hawai`i Date of Introduction: April 24, 2019 Date of 1st Reading: April 24, 2019 Date of 2nd Reading: May 8, 2019 Effective Date: May 21, 2019 REFERENCE Comm. 197 -7- N AGRICULTURAL(A-5a)TO SINGLE FAMILY RESIDENTIAL(RS-20) W E -�� AREA = 3.129 Acs. L ) 45a AHUt,ANI ST. A-203 4-200 A Sa A-5a S A,. O A- O -- yy A-20, - G AS, AV,Si AHIKAWA T. A-� A-5a v RS-10 6,213,60S 8 399.55W A.5 "MOAN !A-IEA"p A-Se RS-10 RS-15 A.� A-20a 0 500 1000 1500 2000 Feet l ` 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 SINGLE FAMILY REDSIDENTIAL(RS-20) AT KALAOA 4TH, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MIK:7-3-005:030 NOV. 30, 2001 EXHIBIT"A" (Garver-1054) FOR REFERENCE ONLY y TY P.Eftfi OFFICE OF THE COUNTY CLERK atiNTY OF HAMS, County of Hawai`i Kona, Hawaii 1119 HAY 21 PH 3 53 Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE Date Introduced: Apr i 1 24, 2019 AYES NOES ABS EX First Reading: Apr i 1 24, 2 019 Chung X Published: May 4, 2019 David X Eoff X REMARKS' Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X Second Reading: May 8, 2019 9 0 0 0 To Mayor: May 16, 2019 Returned: May 21, 2019 ROLL CALL VOTE Effective: May 21, 2019 AYES NOES ABS EX Published: June 1, 2019 Chung X REMARKS: David X Eoff X Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRPER 1 N dist y Grove,?Disapproved this day of /� +4 ' , 20 PI COUNTY CLERK IMP 48 Bill No.: MAYOR, COU YOFHAWAII C-197/PC-19 Reference: Ord No.: 19 57