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Home My WebLink AboutBIL 138 Draft 01 2020-2022COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 1 ACRE (A-1a) TO SINGLE-FAMILY RESIDENTIAL – 15,000 SQUARE FEET (RS-15) AT ‘O‘OMA 1ST, NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7-3-017:024 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (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 ‘O‘oma 1st, North Kona, Hawai‘i, shall be Single-Family Residential – 15,000 square feet (RS-15): Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 2 and being a point on the Easterly side of Hawai‘i Belt Road (F.A.P. No. F-10 (5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA" being 9,739.71 feet South and 8,308.45 feet West and running by azimuths measured clockwise from True South: 1. 167º 13' 58.23 feet along the Easterly side of Hawai‘i Belt Road (F.A.P. No. F-10 (5)) to a point; 2. 190º 06' 30" 64.04 feet along the Easterly side of Hawai‘i Belt Road (F.A.P. No. F-10 (5)) to a 1/2 inch pipe (found); 3. 274º 11' 446.24 feet along the Southerly side of Kinoulu Street to a point; 4. 328º 26' 30" 53.33 feet along the Westerly side of Old Government Mauka Road to a 1/2 inch pipe (found); 5. 332º 22' 20.83 feet along the Westerly side of Old Government Mauka Road to a 1/2 inch pipe (found); 6. 87º 13' 481.55 feet along Lot 2 and along the remainder of Grant 4343 to J.M. to J.M. Lilinoe to the point of beginning and containing an area of 0.992 Acre. 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, Hawai‘i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. The applicant, its successors or assigns (Applicant) shall comply with all of the stated conditions of approval. Prior to issuance of Final Subdivision Approval, the Applicant shall designate, in writing, which lot within the proposed subdivision will be assigned each of the existing service meters and construct necessary water improvements, which shall include but not be limited to relocation and adjustment of the Department of Water Supply’s affected water system facilities, should they be necessary. The Applicant shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements are met. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County Code. The method of sewage disposal shall meet with the requirements of the State Department of Health. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Should any state or federally listed or endangered species be found on the subject property, the Applicant shall comply with all applicible requirements of the State Department of Land and Natural Resources - Division of Forestry and Wildlife and/or the U.S. Department of Interior - Fish and Wildlife Service. 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. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements for the proposed development, including the Department of Public Works, Department of Water Supply and Department of Health. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: The nonperformance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant, successors or assigns, and that are not the result of their fault or negligence. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 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). 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. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. 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 provisions 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 HAWAI‘I , Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: