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Home My WebLink AboutORD 2001-020 2000-2002 COUNTY OF HAti1t`1~.•: ~ : STATE OF HAWAII BILL NO. 18 ORDINANCE NO. 01 20 AN ORDINANCE AMENDING SECTION 25-8-17 (HAINA-HONOKAA-KUKUII3.AELE 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 Hawazi County Code, is amended to change the distnct classification of property descnbed hereinafter as follows: The distnct classtfication of the following azea situated at Kaao Homesteads, Hamakua, Hawaii, shall be Residential and Agncultural (RA-2a)• Beginning at a pipe at the northwest comer of tlus pazcel of land and on the southerly side of Hawatt Belt Road (S D R. 3(7)) the coordinates of sazd point of beginnmg referred to Government Survey Tnangulation 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 havtng 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 P~Pe~ 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 area 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 m distnct classification is conditioned upon the following -2- A. The applicant, successors or assigns shall be responstble for complying with all of the stated conditions of approval B The applicant, successors or asstgns shall be responsible for complying with all requirements of Chapter 205, Hawaz~ 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 m accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone ordinance D Final Consol~dahon/Resubdtvis~on Approval of the proposed subdivision development within the subject azea shall be secured wtt}un five (5) years from the effective date of tlns change of zone ordinance E Covenants in the deeds of all the subdivided lots within the subject area shall state that no variance 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 Deparhnent upon its receipt from the Bureau of Conveyances F Restrictive covenant(s) m the deeds of all the proposed agricultural lots within the subject azea 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 Plannrng Director for review and approval pnor to the issuance of Final Consolidat~on/Resubdiv~s~on Approval. A copy of the approved covenant(s) shall be recited m an rnstnunent executed by the applicant and the County and recorded with the Bureau of Conveyances rn conjunction with the issuance of Final Consolidahon/Resubdivision Approval G. All grading and grubbing activrhes shall meet with the approval of the Department of Pubhc Works. H. The wastewater treatment and disposal system shall meet with the approval of the Department of Health. I. Should any umdentrfied srtes or remains such as artifacts, shell, bone or charcoal deposrts, human burials, rock or coral alrgnments, pavings or walls be encountered, work m the mvnedrate azea shall cease and the Department of Land and Natural Resources-Histonc Preservation D~viston (DLNR-HPD) shall be ~mmed~ately notified. Subsequent work shall proceed upon an azchaeolog~cal cleazance from the DLNR-HPD when sufficient rmtigatrve measures have been taken. J. Should the Council adopt a Unified Impact Fees Ordinance settrng forth cntena for the ~mpositron of exactions or the assessments of rmpact fees, conditions included herein shall be credited towards the regwrements of the Unified Impact Fees Ordrnance. K. Comply with applicable laws, rules, regulations and requrrements of other affected agencies for approval of the development vnthrn the subject azea. -4- L An initial extension of time for the performance of conditions within the ordinance maybe 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 contrary to the onginal reasons for the granting of the change of zone. 4 The time extension granted shall be for a period not to exceed the penod onginally 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 regwre an additional extension of time to any of the conditions, the Planning Director shall submit the applicant's request to the County Council for appropnate 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 azea to its onginal or more appropnate 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. -5- SECTION 4 Ttus ordinance shall take effect upon its approval. INTRODUCED BY: ~ ~-C%;~~-~ ram CO CIL MEMBER, COUNTY OF WAII Hilo, Hawaii Date ofIntroductton January 24, 2001 Date of 1st Reading: January 24, 2001 Dateof2ndReading• February 5, 2001 EffectrveDate, February 13, 2001 REFERENCE, Gomm. 61 _ APPROVED AS TO FORM AND LEGALITY /~/~l~ CORPOR.d.TION~COUNSEL DATED• ~biw/~ 45.' V -6- TRUS Re 1O / NoRT'M ~ R .e p 1 • - 4oe' / A-SaJ A-3- \ ~ ~ e A-~ / \ es'S R~-Ie ,tom LeK~ R d Q MAMAKY/\ • ~ ~ COUNT1vY 41' 00' ewe Is. ~"!e A-Ds ~t I ` '7a' i7.ie e f - ~ 1+4 0o J~ o I I, ` , W \''~a3. et a Ie Io Y- \ Rs-ie AGRIGUl.Tl.11~Al. !A-So) p Zle-e7' ~4s.ee AiR Cu~FU1f~iALl RA a) / ~te'si zse. AREA a Is.s7iO ACRts • / nlris' 14~-ss I.eat-4 N 4,4 S4.IS MI, A-tev if ,e. \ 2>• 4YLCM ~ ~J iei-ee r ~ Rs Ie Rstie 4- sz' n a14.se A la' _ r++~4~•~ A-4e- la'a.s4 R-I~ss..c mi b ~eY sa' ~o~ si.4s ~'~4 R 1e A-4e 9 R to A-4ev ( A-1- AMENDMENT TO THE ~ONfNG CODE A~NI~N>7tNE SCC'T1oN 2s-8-IT (HA1NA-HONOI~CAA-KUt<uIHAEL>= ZONG MA1°) ARTICLE a , CH l~R 2S (ZONtNG CoDL~ O}a THe HAWAII Cot1NT7' cot7e, lay CHANtSIly~ THE DISTiQICr CLAa391F1CAT10N F1QOM A8R)CULTUIQAL (A-fe) To RE3IDENT1Al. AND AGIQIGUI.TURAL (RA-2a) AT KAAO HOMESTEADS, HAMAKUA, HAWAII. PREPAREp B7' ' I°LANNIN6 DEPA?7-MBNT couNT>' of FiANlAII TMK ' 4-s-os c ~4 AND 124 OGT 10, L000 EXHIBIT "A" ~UORe-rh1Y ~euz.4) OFFICE OF THE COUNTY CLERK County of Hawan Hilo ,Hawan ROLL CALL VOTE YES . _S~, AHS EX Introduced By: Bobby Jean Lerthead-Todd (B/R) ,q~~ Datelntroduced January 24, 2001 Chung X FirstReadmg January 29, 2001 Elanonoff - X Published N/A Jacobson X Lerthead-Todd X RE4fARtiC P~s~ccluo X Safank X T}•ler I X Yagong X 9 0 0 0 SecondReadmg February 5, 2001 ROLL CALL VOTE To Mayor February 8, 2001 AYES NOES ABS EX Returned February 13 , 2001 Arakalu X Effective February 13. 2001 Chung X Published February 26, 2001 Elanonoff X Jacobson X RE4L3RKS Lerthead-Todd X Pis~cch~o X Safank X Tyler X Yagong X 9 0 0 0 I DO 7iEREBY CERTIFY that the foregoing BILL was adopted by the ('ounty Counerl published as md~eated above APPROVED AS TO FORM AND LEGALITY: DEP~RP~ O AVON COUNSEL / COUNTY OF HAWAII C L CHAIRI~L9~~;' DateFs~i~49, Toro/ ~ C CLERK rove Disapprovedthi~ 13µ` day orf~~~f=cbru~, ~pol `i/'f I~ Bill No 16 ill ~ I MAYOR, C I;t~'TYOFHAWAII Reference c-E1 Ord No O1