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Home My WebLink AboutBIL 040 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 40 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-4 (SOUTH KONA 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-la) AT WAIPUNAULA, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-2-3:31. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-4, 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 Waipunaula, South Kona, Hawaii, shall be Residential and Agricultural (RA-la): Beginning at the Southernmost corner of this parcel of land, being also the Easternmost corner of Lot 8, the Northermost corner of Lot 9 and the Westernmost corner of Lot 6 of Captain Cook Estates Subdivision, the coordinates of said point of begim~ing referred to Government Survey Triangulation Station "LAE O KANONI" being 18,778.66 feet North and 3,072.65 feet East and mm~ing by azimuths measured clockwise from True South: 1. 97" 33' 40" 199.63 feet along Lot 8 of Captain Cook Estates Subdivisiou and along the remainder of Grant 867 to Prest Cummings to a point; 2. 208° 33' 30" 354.30 feet along the remainder of Grant 867 to Prest Cummings to a point; 3. 230" 00' 700.20 feet along the remainder of Grant 867 to Prest Cummings to a''/z inch pipe (set); -1- 4. 310° 59' 15" 115.65 feet along Lot 5-A of this subdivision, along the remainder of Grant 867 to Prest Cummings to a % inch pipe (set); 5. 220° 59' 15" 152.41 feet along Lot 5-A of this subdivision, along the remainder of Grant 867 to Prest Cwnmings to a '/z inch pipe (set); Thence, following along Lot 5-A of this subdivision, along the remainder of Grant 867 to Prest Cummings on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 6. 173" 50' 07.5" 29.33 feet to a %z inch pipe (set); 7. 306° 41' 71.70 feet along existing Roadway Easement and Lot 1 of Captain Cook Estates Subdivision and along the remainder of Grant 867 to Prest Cummings to a point; 8. 40° 59' 15" 1,016.76 feet along Lot 6 of Captain Cook Estates Subdivision and along the remainder of Grant 867 to Prest Cummings to a point; 9. 61° 0T 14" 94.31 feet along Lot 6 of Captain Cook Estates Subdivision and along the remainder of Grant 867 to Prest Cummings to the point of beginning and containing an area of 5.263 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, die Cowtty 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: -2- (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. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. C. The current Condominium Property Regime (CPR) shall be dissolved upon securing Final Subdivision Approval for the proposed two lots. D. The proposed 3.703-acre lot shall not be further subdivided into more than two resulting lots. E. 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 CPRs on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. 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. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. -3- F. No water variance shall be sought or granted to allow the future subdivision of lots not served by aCounty-approved water system. G. Access to the subject property from the roadway easement shall meet with the requirements of the Department of Public Works. 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. I. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies. J. 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. K. An initial extension of time for the performance of conditions within the ordinance maybe 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. -4- 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 maybe 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. L. 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: i~ ~ _ CO ICIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ~:~FERENCE: Comm: 97 _5_ N CN-75 CW0 RS-10 Nl ~ RS-75 RS-Z5 RS]5 CN-75 't1q~ cv-,o OQO A-fa ~y~gH~cb Aoa ~OQ~ Rsa 5 ~7 5 K'qY RS-f0 A"~ GI-7.5 ~-Z5 A4a A-ia CN-75 A-la AGRICULTURAL (A-5a) TO ~ 1a ,p RESIDENTIAL AGRICULTURAL (RA-1a) A-'a AREA = 5.263 Ayes RS-75 A-ia '9 s-~. A-sa ~ RS-7 5 P` ,Q RS-~ Q~° A fa E A~ 1$778.66 N "L4E O KANOIJI"D ~y5a /~la A-5a <ph,F R~ o~FRN~FNt MAIN ROAD A,a A-5a A~ A-Sa 0 800 1600 7A00 Feet AMENDMENT TO THE ZONI NG CODE AMENDING SECTION 25-8-4 (SOUTH KONAZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AGRICULTURAL (RA 1a) AT WAIPUNAULA, SOUTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :8-2-003:031 OCTOBER 17, 2002 EXHIBIT "A" (DECKER:1077)