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Home My WebLink AboutBIL 214 Draft 01 2000-2002 COUN°I°Y OE I iAW`~ STATE OE I-3AWAI`I BILL, NO. ~1~ ORDINANCE 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-20a) TO FAMILY AGRICULTURAL (FA-1 a) AT HONOKOHAU 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-6:6. 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 hereinafter as follows: The district classification of the following area situated at Honokohau 2°d, Hawaii, shall be Family Agricultural (FA-1 a): Beginning at the Southwesterly corner of this parcel of land, being also the Southeasterly comer of Royal Patent 7766, Land Commission Award 7890, Apana 1 to Kukona and being a point on the Northerly boundary of Grant 3456 to George McDougall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 21,005.96 feet South and 4,984.95 feet West and running by azimuths measured clockwise from True South: 1. 164° 03' 31" 161.20 feet along Royal Patent 7766, Land Commission Award 7890, Apana 1 to Kukona to a point; 2. 74° 03' 31" 111.27 feet along Royal Patent 7766, Land Commission Award 7890, Apana 1 to Kukona to a point; 3. 154° 35' 774.88 feet along Lot 10-A, along the remainder of Lot 10-B (Road Portion) along Lots 9 and 8 of Honokohau 2"d Subdivision and -1- along the remainder of Royal Patent 6855, Land Commission Award 9971, Apana 9 to William Pitt Leleiohoku to a point; Thence, for the next ten (10) courses following along the remainder of Royal Patent 6855, Land Commission Award 9971, Apana 9 to William Pitt Leleiohoku: 4. 268° 09' 45" 346.75 feet to a point; 5. 238° 06' 15" 308.36 feet to a point; 6. 213° 13' 15" 70.13 feet to a point; 7. 338° 46' S5" 136.89 feet to a point; 8. 249° 10' 45" 649.64 feet to a point; Thence, for the next five (5) courses following along the remainder of Lot 10-B: 9. 332° OS' 10" 95.69 feet to a point; 10. 336° 55' 45" 210.81 feet to a point; 11. 337° 18' OS" 308.38 feet to a point; 12. 345° 12' 35" 146.25 feet to a point; 13. 349° 14' 20" 135.88 feet to a point; 14. 74° 03' 31" 1,173.97 feet along Grant 3456 to George McDougall to the point of beginning and containing an area of 26.198 Acres. 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 maybe 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, a condition to prohibit the construction of a second dwelling is 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. Further, restrictions regarding wastewater treatment systems are included to protect the Honokohau Well site. Therefore, this change in district classification is conditioned upon the following: A. The applicant, its 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 Agricultural District. C. The required water commitment payment for 6 units 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 ordinance. D. Prior to securing Final Subdivision Approval, the applicant shall pay the remaining water commitments to the Department of Water Supply in accordance with the Water Agreement dated October 17, 2001. E. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. Plans shall indicate the location of the existing drinking water well (Honokohau Production Well and Reservoir Site) and the 1,000 feet radius within which no cesspool or septic tank system is allowed. The number of lots proposed shall comply with the requirements of the Department of Water Supply with its service limit elevation of 1,603 feet. -3- F. All roadways within the proposed subdivision shall be constructed meeting with the requirements of Chapter 23, Subdivision Code. G. A drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. H. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall 1) prohibit the construction of a second dwelling unit on each lot, and 2) specify the requirements of the Department of Health, if any, regarding the establishment of wastewater treatment systems within 1,000 feet of the Honokohau Well site. 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. Subsequent to recordation with the Bureau of Conveyances, a copy shall be forwarded to the Planning Department. I. A Solid Waste Management Plan shall be submitted for approval by the Department of Environmental Management. J. All wastewater systems shall comply with the rules and regulations of the State Department of Health governing wastewater systems. K. An archaeological clearance, in writing, shall be secured from the Department of Land and Natural Resources- Historic Preservation Division prior to any land alteration activity. -4- L. 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. M. 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 towards the requirements of the Unified Impact Fees Ordinance. N. Comply with all applicable rules, regulations and requirements of the affected agencies for approval of the proposed development. O. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. P. 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. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. -5- 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. 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. 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. Q. 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 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•„ ~ ~ COtJiVCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -6- AGRICULTURAL (A-20a) TO N A-20a AGRICULTURAL (FA 1a) ARFA =26.198 Acres W E S A-la A-)a 1, A-20a \ ~ O Q Rr ~ 2 ylrpNq ~ A-20a J ~ A-1a Q A-la 4 ~ A-20a ~ A-1a A-10a A-20a ~O f ~ O A-la ~ A-Ja - RA-.5a A-5a A 1a 1 A-)a A-la A-Sa A-20a A-la A 5a p 1 A-Ja A-1a A-20a A-la A-)a A-20a G A-la A-1a A-5a -1 ~ 1, 005.96 S p A-1a 4 984.95 W A-Sa fA-la A-1a 7VlUANUI A-20a A-5a p A-ia o A-20a A-5a A-)a 0 1000 2000 3000 9000 FeeE AMENDING SECTION 25-~8-3 (NORTi-i KONA ZONB MAP) ARTICLE 8, CRAFTIER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DIST`RIC`T CLASSIFICATION FROM AGRICULTURAL (A 20a) TO AGRICULTURAL (FA 1a) AT RONOKOHAU 2nd, NORTH KONA, RAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 7-46:6 OCT. 10, 2001 iiBlT °°A.°' (GREENWELL & LAMBERT-1048)