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Home My WebLink AboutBIL 130 Draft 01 2002-2004 BOUNTY OF HAWAII STATE OF I~~AWAI`I BILL NO. 13 c C)RDINANCE 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-3a) TO RESIDENTIAL AND AGRICULTURAL (RA-1 a) AT KOHANAIKI, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-19:21 & 30. 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 hereinafrer as follows: The district classification of the following area situated at Kohanaiki, North Kona, Hawaii shall be Residential and Agricultural (RA-la): Beginning at the Northeasterly corner of this parcel of land, being also a point on the Southerly side of Homestead Road, the coordinates of said point of beginning referred to Govemment Survey Triangulation Station "MOANUTAHEA" being 12,1"72.29 feet South and 8,239.64 feet West and runnning by azimuths measured clockwise from True South: l . 356° 30' 505.65 feet along Grant 3735 to Keaweahawaii to a point; Thence, for the next three (3) courses following along the Westerly side of Old Government Road: 2. 38° 45' 68.00 feet to a point; 3. 3° 45' 51.07 feet to a point; 4. 341° 31' 02" 198.44 feet to a point; -1- 5. 86° 40' S 1" 415.80 feet along Lot 8-C and along Royal Patent 8214, Land Commission Award 7715, Apana 1 ] to Lota Kamehameha to a point; Thence, for the next twenty (20) courses following along Grant 3752, Apana 2 to George Mao: 6. 178° 16' 06" 11 1.10 feet along Lot 18 to a point; 7. 177° 48' L 1" 65.35 feet along Lot 16 to a point; 8. 178° 06' 41" 31.39 feet along Lot 16 to a point; Thence, for the next three (3) courses following along Lot 14: 9. 178° 40' 16" 49.54 feet to a point; 10. l 88° 48' 06" 25.62 feet to a point; 11. 170° O1' S3" 10.31 feet to a point; Thence, for the next three (3) courses following along Lot 12: 12. 203° 45' S7" 26.55 feet to a point; 13. ] 68° 55' 22" 52.95 feet to a point; 14. 183° 50' 23" 9.04 feet to a point; 15. 183° 42' 19" 38.25 feet along Lot ] 0 to a point; 16. 178° 4T 07" 51.74 feet along Lot 10 to a point; Thence, for the next three (3) courses following along Lot 8: 17. 178° S l' 14" 28.96 feet to a point; 18. 180° 42' 38" 49.05 feet to a point; 19. 183° 21' 10" 9.29 feet to a point; 20. 183° 36' 14" f>2.06 feet along Lot 6 to a point; -2- 21. 168° 34' 34" 27.47 feet along Lot 6 to a point; 22. 168° 20' 06" 38.48 feet along Lot 4 to a point; 23. 161 ° 53' 39" 45.47 feet along Lot 4 to a point; 24. 161 ° 34' 44" 23.87 feet along Lot 2 to a point; 25. 167" 2T 29" 71.41 feet along Lot 2 to a point; Thence, for the next five (5) courses following along Northerly face of stonewall and along the Southerly side of Homestead Road: 26. 258° 15' 36" 49.61 feet to a point; 27. 264° 19' 35" 38.66 feet to a point; 28. 271° 3T 27" 7l .15 feet to a point; 29. 268° 1T 35" 157.92 feet to a point; 30. 277° 19' 02" 101.36 feet to the point of beginning and containing an area of 7.315 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe 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. -3- A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), its successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C.. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction maybe removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii 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 recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. Should the access for this subdivision be taken from the Old Government Road at its intersection with State Highway 190 (Mamalahoa Highway), the applicant(s), its successors or assigns shall improve the intersection of Kaloko Drive/Highway 190 in accordance with the requirements of the Department of Public Works and the State Department of Transportation -4- prior to the receipt of Final Subdivision Approval. However, if the intersection improvements have commenced prior to the submission of the subdivision application, the applicant(s), its successors or assigns shall pay its fair share amount for the required improvements as determined by the Planning Director in consultation with the Department of Public Works and the State Department of Transportation. F. Homestead Road, if used to provide access, shall be widened and improved from the point of the subdivision access to Highway 190, meeting with the requirements of the Department of Public Works, prior to receipt of final subdivision approval. The intersection with Highway 190 shall meet with the approval of the Department of Public Works and the State Department of Transportation. G. Install streetlights, signs and markings meeting with the approval of the Department of Public Works, Traffic Division. H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials 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 DLNR-HPD when it finds that sufficient mitigative measures have been taken. 1. The applicant(s) shall comply with all applicable laws, rules, regulations and requirements of affected agencies. -5- J. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being complied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. K. 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. L. 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 applicant(s), 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. -6- 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). 5. [f the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CIL M MBER, COUNTY O HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: CitFERENCt C,ouw;. _ _ 2 N 1.. . _ -7- KS-20 A_~z A-la N A-20a A-3a m 0 L A m ti ~ AGRICULTURAL (A-3a) TO 12;171.29 S A. i a A-zoa RESIDENTIALAt~DAGRICULTURAL RA•1a 8239.64 W AREA= 7.315 ACRES A-sa "MOANUTAHEA'~ A-la A I a A-20a A-3.~ ~ ~ A-la v p Ala A- i a Lihau, St. A-3a A- ~ d A-_ a A- I a A-3,i A .ia A-20a m m Q a 3a A_ie A-3a A-la A-la ~8~ m O RA-Ia ~~p~ n ~ A-3a 3 A l a A-.ia 2 3 ro m U ~ m z ~ A.4a ~ 0 A-3a m d A-3a E ~ RA-la A-3a A-3a A-3a A-la A-3a 540 270 0 540 1,080 1,620 2,160 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLF_ 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO RESIDENTIAL AND AGRICULTURAL (RA-1 a) AT KOHANAIKI, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-3-19:21 8 30 Date: May 13, 2003 EXHIBIT "A^ (CliffordKabumoto:1099)