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Home My WebLink AboutBIL 026 Draft 02 2002-2004 COUNTY OF HAWAII - STATE OF HAWAII BILL NO. 26 (Draft 2) ORDINANCE NO. _ AN ORDINANCE AMENDING SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO RESIDENTIAL AND AGRICULTURAL (RA-la) AT MANOWAI`bPAE HOMESTEADS, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY 3-5-4:77. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-21, 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 Manowai`opae Homesteads, North Hilo, Hawaii, shall be Residential and Agricultural (RA-1 a): Beginning at a point at the East corner of this parcel of land and at the top West edge of Hokuwaikahe Gulch, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Papaaloa" being 4447.87 feet North and 1158.16 feet West, and running by azimuths measured clockwise from true South: 1. 73° 4T 30" ] 26.57 feet along the top West edge of Hokuwaikahe Gulch; 2. 52° 17' 198.76 feet along the top West edge of Hokuwaikahe Gulch; 3. 118° 35' 688.94 feet along the remainder of Lot 65, Grant 7620 to Antonio Nobriga to a point on the South side of 30-Foot Homestead Road; 4. 253° 34' 63.79 feet along the South side of 30-Foot Homestead Road; 5. 245° 43' 177.05 feet along the South side of 30-Foot Homestead Road; 6. 298° 35' 139.78 feet along the remainder of Lot 65, Grant 7620 to Antonio Nobriga; 7. 208° 35' 84.90 feet along the remainder of Lot 65, Grant 7620 to Antonio Nobriga; 8. 298° 35' 566.90 feet along Lot 6, Grant 7062 to Manuel S. Cordeiro to the point of beginning and containing a gross area of 3.800 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, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be 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: (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 applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2 B. The applicants, 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 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. Final Subdivision Approval for the subdivision shall be secured within five (5) years from the effective date of this ordinance. E. Restrictive covenants in the deeds of all the proposed lots within the subject property shall prohibit the construction of a second dwelling unit on 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 Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. Roadway and access to all lots within the proposed subdivision shall meet with the approval of the Department of Public Works. G. 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. 3 H. The applicants shall comply with all applicable laws, rules, regulations and requirements of the Department of Water Supply, Department of Health, Fire Department and other affected agencies. I. 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. J. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstvrces: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its successors or assigns, and that are 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 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 applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the 4 County Council for appropriate action. K. 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: C i J L MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of Is` Reading: Date of 2°d Reading: Effective Date: ~EFERfNC.E: i.cirnt. 1 5 RAWAII BEII-~ RS io ROAD cV-ta? - ~ N OFEN RSao W E cv-1p ~ g CL q o cv-1p, "RS70~ ~ OPEN A-z0~/ ,420a RS 70 A-2 ROAD 1 9, Rs~s ovEN PAP cu-io - cv-1o y h 4 RS40 ~ 'Sg- CL=70 A-20a RS75 A//eF(l RS~S ~ OPEN ~''3=>s RS75,' ~p~ ~,O`~~ - OPEN rRS75j~ Reis Azoa o,1,0~`P RS AGRICsULTURAL (A-20a) TO cvilo A-zoa SiHEAM ~ >s -RESIDENIIAL/AND AGRICULTURAL (RF,>; 1a) A-20a , s-'v~ . A-2C1~ n ~ ~ ~ ARFA ° 3.800 PGr25 ~ R 10 ~ A 2Ld RS70,,~ Wt ''~k4~~~ ~~i AA-zc~I NOME5fEAD R~A~ W ~ 'o A-z°a A-z0a 4,44Z87N A-5a o ~ 1158.16W- I~ ~ RS75 ~g A-Sa ~ti~ i ~ A-zCa ~ A-zca Azea ~FJ~P\~ Azoa RA-ta RA-7a p Epp 1200 1800 2400 Feet AMENDMENT TO THE ZONI NG CODE AMENDING SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MP,P) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO RESIDENTIAL AND AGRICULTURAL (RA 1a) AT NIANOWAIOPAE HOMESTEADS, NORTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :3-5-004:077 October 15, 2002 EXHIBIT "A" (NOBRIGA 1070)