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Home My WebLink AboutBIL 018 Draft 01 2000-2002 COUNTY OF HAWA;~ ~ ~ STATE OF HAWAII BILL NO. 18 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-17 (HAINA-HONOKAA-KUKUIHAELE ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT KAAO HOMESTEADS, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-5-03:24 AND 124. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-17, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaao Homesteads, Hamakua, Hawaii, shall be Residential and Agricultural (R.A-2a): Beginning at a pipe at the northwest corner of this parcel of land and on the southerly side of Hawaii Belt Road (S. D. R. 3(7)) the coordinates of said point of beginning referred to Government Survey Triangulation Station "PAUHAU" being 1,625.47 feet North and 4,484.15 feet West and running by azimuths measured clockwise from True South: Thence along the southerly side of the Hawaii Belt Road (S. D. R. 3(7)) along a curve to the left having a radius of 1,959.86 feet, the chord azimuth and distance being: 1. 278° 36' 02" 467.85 feet to a pipe; 2. 294° 58' 83.46 feet along the southerly side of the Hawaii Belt Road (S. D. R. 3(7)) to a pipe neaz the top bank of Kahaupu Gulch; thence along -1- the top bank of Kahaupu Gulch, along State Land, for the next five (5) courses: 3. 67° 52' 97.90 feet to a pipe; 4. 39° 19' 192.54 feet to a pipe; 5. 4° 52' 214.50 feet to a pipe; 6. 43° 30' 145.00 feet to a pipe; 7. 7° 47' 386.00 feet to a pipe; 8. 114° 58' 1,040.00 feet along remainder of Grant 8846 to Claudina Gonsalves to pipe at the southeasterly side of Loke Street; 9. 241 ° 09' 138.40 feet along the southeasterly side of Loke Street to a pipe; 10. 261 ° 29' 37.60 feet along the southerly side of Loke to a pipe; 11. 281 ° 48' 44.90 feet along the southeasterly side of Loke Street to a pipe; 12. 238° 24' 167.00 feet along the southeasterly side of Loke Street to a pipe; 13. 216° 07' 245.00 feet along the southeasterly side of Loke Street to a pipe; 14. 246° 31' 230.80 feet along the southeasterly side of Loke Street to a pipe; 15. 217° 35' 142.39 feet along the southeasterly side of Loke Street to the point of beginning and containing an azea of 13.6736 Acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: -2- A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, 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. The required water commitment payment for the proposed additional lots shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone ordinance. D. Final Consolidation/Resubdivision Approval of the proposed subdivision development within the subject area shall be secured within five (5) years from the effective date of this change of zone ordinance. E. Covenants in the deeds of all the subdivided lots within the subject azea shall state that no vaziance from the minimum water requirements shall be granted to further subdivide the lots without improvements to the existing water system facilities, meeting with the standards of the Department of Water Supply. 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 in conjunction with the issuance of Final Consolidation/Resubdivision 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 with a copy of the recorded covenant(s) to be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the subject area shall prohibit the construction of an ohana or second dwelling unit on -3- 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 Consolidation/Resubdivision 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 in conjunction with the issuance of Final Consolidation/Resubdivision Approval. G. All grading and grubbing activities shall meet with the approval of the Department of Public Works. H. The wastewater treatment and disposal system shall meet with the approval of the Department of Health. I. Should any unidentified sites or remains such as artifacts, shell, bone or chazcoal 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 azchaeological cleazance from the DLNR-HPD when sufficient mitigative measures have been taken. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessments of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. K. Comply with applicable laws, rules, regulations and requirements of other affected agencies for approval of the development within the subject azea. -4- 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: 1. Non-performance is the result of conditions that could not have been foreseen or aze beyond the control of the applicant, successors or assigns, and that aze 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 contrazy to the original reasons for the granting of the change of zone. 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 yeaz may be extended for up to one additional yeaz). 5. If the applicant should require an additional extension of time to any of the conditions, the Planning Director shall submit the applicant's request to the County Council for appropriate action. M. 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 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -5- NORRTN R3 ~e _ ~e to P 1~c~40e' ~ 'a A->sa \ ~ A-Jo A-sa e 'tom S Ce 41' os' Cwa 1~s .~?e A-ae =~i 1' s7::.se e O =44-0 ` ~ o a>s~~'N4' ~ ip t ~ ies-.e AQ~RIGUt,TUIlAI. [A-Sa) p als'e7' TO IAL AMiD a~'O° AtRtCUt,.TiJR/~4~- (IH?'Ra~ / z•?s'sl' ~ aso. ARsA = li.i7s~ AGRi'i ~ ~ 142.i~ 1,sZi.47 N 4454.1! A-5a -;~M1iHAU" R- 4ea ~ ' 47/ Ar R wQ . ~~H v ass..: ~r . •rs•ae' ~ r. Re-ro ~ t~_ee 4- sz' ~ X14. se ss' l a' n r ~4' A- tom ImZ.1s4 R~ ~.9s~_~C - s7 s+o p.4s , ~ ~ A-4e9 1 R to A-4o~ [ A-!a A~AENDMENT TO THE ZONING CODE AM~NfltN~ 5~C"T10N 2's->a-IT ( /HA1fYA-MONO~CAA-KUfCUtMAIL! ZONC MAf°~ ARTIGtE 6 , CfiA1~'~t:QR 2S (~ONtN~ COD'!) Ot"' THc HAWtAII COUNT7' COLE, D7' CHANSIN!!< THl= 1D13'T1Q1C'r Cr..AS~IF1CATtON FiQOM Ac~1~1 CutrTURAI_ (A -*34) To RESIDENTIAL AND A,G>Q1GUl.TURAL (RA-2o) AT KAAO HOMESTEADS, 1-IAMAKUA, HAWA11. PR~PAR7=l7 B7' ` Pt.AfVNIN6 DEPAR-T'MENT CouN`I'y of HAYyAt t TMK : 4-5-~3 = ~4 AND 124 OCT. 10, 2000 E X H 181T MA" ~IDOROTMY ~JOUZA~