HomeMy WebLinkAboutORD 2003-163 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 165
Draft 2
ORDINANCE NO. 0.3 163
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-Sa) TO
FAMILY AGRICULTURAL (FA-2a) AT O`OMA 1sT, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-3-7:40 AND 41.
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 O`oma 1 s`, North Kona,
Hawaii shall be Family Agricultural (FA-2a):
Beginning at the Northeasterly corner of this parcel of land, being also the
Northwesterly corner of Lot 51 of the Homestead Lots, Akahipuu Section (Map No. 6)
and being a point on the Southerly side of Homestead Road, the coordinates of said point
of beginning referred to Government Survey Triangulation Station "MOANUTAHEA"
being 9,465.42 feet South and 10,338.87 feet West and running by azimuths measured
clockwise from True South:
l . 358° 14' 637.15 feet along Lot 51 of the Homestead Lots,
Akahipuu Section (Map No. 6) and along
Grant 3805 to L. Kahinu to a point;
Thence, for the next three (3) courses following along Grant 2027 to K. K.
Kameheu:
2. 85° 22' 272.66 feet along Lots 23 of Kona Hills Estates
Subdivision Unit I, (File Plan 1695) and
Lot 22 of Kona Hills Estates Subdivision,
Unit II (File Plan 2169) to a point;
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3. 104° 36' 244.60 feet along Lots 21 and 20 of Kona Hills
Estates Subdivision Unit II (File Plan 2169)
to a point;
4. 93° 52' 726.50 feet along Lots 20, 19, 18, and 15 of Kona
Hills Estates Subdivision, Unit II (File
Plan 2169) to a point;
5. 93° 45' 417.50 feet along the Northerly end of Lot 40
(Private Roadway), along Lot 14 of Kona
Hills Estates Subdivision, Unit II (File
Plan 2169) and along Grant 2027 to K. K.
Kameheu to a point;
6. 91° 30' 10" 1,186.96 feet along middle of stonewall and along
Lot 56 of the Homestead Lots, Akahipuu
Section (Map No. 6) and Grant 4273 to
E. M. Paiwa to a point;
7. 178° 16' 07" 705.18 feet along stonewall and along Lot 61 of
Kona Acres Subdivision, Unit 2,
Increment A (File Plan 1348) and along
Grant 5046 to K. Kama, Jr., along the
Northerly end of Kukuna Street and along
Lots 9, 8 and 7 of Kona Acres Subdivision,
Unit 2, Increment A (File Plan 1348) and
along Grant 5046 to K. Kama, Jr. to a point;
8. 274° 20' 2,846.27 feet along the Southerly side of Homestead
Road (20-Ft. Wide) to the point of beginning
and containing an area of 42.793 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SEC'I~ION 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 maybe adverse to the public
health, safety and welfare; or
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(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 applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. 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. Prior to this
payment, water calculations with anticipated maximum daily water usage as
recommended by a registered engineer shall be submitted to the Department of
Water Supply.
C. The applicant(s), its successors or assigns shall be responsible for complying with
all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses witl>in the State Land Use Agricultural District.
D. Final Subdivision Approval of the subject property shall be secured within five (5)
years from the effective date of this ordinance.
F,. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the teens of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council The owners of the property may also impose private covenants
restricting the munber of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawai` i 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. Kukuna Street shall be extended to the eastern boundary of TMK: 7-3-007;041 to
allow for future connectivity. It shall be on an alignment meeting with the
approval of the Planning Director in consultation with the Department of Public
Works.
G. To allow for future vehicular and pedestrian access and circulation, the
subdivision shall have at least one road connection to the northern, southern, and
eastern boundaries of the subject property. These roads shall be constructed to
County dedicable standards and shall be aligned in a manner meeting with the
approval of the Planning Director in consultation witli the Department of Public
Works, except that the northern alignment shall be at a location where it allows
for a future convection to the maulca extension of Hi`olani Street.
H. All roadways within the proposed subdivision shall be constructed to County
dedicable standards and shall remain open to public traffic or be dedicated to the
County upon request at no cost to the County.
i
i
I I. Install streetlights, signs, and markings meeting with the approval of the
Department of Public Works, Traffic Division.
J. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawaii County Code.
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K. An Archaeological Preservation and Burial Treatment Plan shall be submitted for
the review and approval of the Plaiming Director, in consultation with the
Department of Land and Natural Resources-State Historic Preservation Division
(DLNR-SFIPD). Proposed mitigation treatment for burial sites within the subject
property shall be approved by the Historic Preservation Division's Hawaii Island
Burial Council before detailed mitigation plans are finalized for these sites. A
copy of the approved Pinal Archaeological Preservation and Burial Treatment
Plan shall be submitted to the Planning Director for its files prior to submitting
plans for P'inal Plan Approval review or prior to the issuance of any land alteration
permits.
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. A drainage study of the subject property, if required, shall be prepared by the
applicant and submitted to the Department of Public Works for review and
approval, prior to Final Subdivision Approval. Drainage improvements, if
required, shall be constructed sleeting with the approval of the Department of
Public Works.
N. Comply with all applicable laws, rules, regulations and requirements of other
affected agencies, including the Department of Public Worlcs, Department of
Water Supply and Department of Health.
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O. An annual progress report shall be submitted to the Plamring Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and the extent to which the conditions
of approval are being complied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Plamiing 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(s), 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 may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Elanning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
Q. Should any of the conditions not he met or substantially complied with in a timely
fashion, the Plamling 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:
O CIL ~MB , C LINTY OF WAI`I
Kona , Hawaii
Date of Introduction: November 19, 2003
Date of lst Reading: November 19, 2003
Date of 2nd Reading: December 3 , 2003
Effective Date: Decgnber 19, 2003
REFERENCE: Comm. ___._3Z.~,,,..Ir.--
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a
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a A I a H7~ an Sf.
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o Ala Ala < A
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o A-5a A-Sa
n _ 9,466.42S A-2oa
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"MOANUTAHEA"® - A m'
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Y
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~ t. _ a A-Sa AIa A a -
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A- a
AG CULTURAL (A-5a) Na^' S• N m 1 A l a
TO FAMILY GRICULTURAL FA-2a AIa a AIa 3 ~
AREA = 42.793 ACRES - a "
a eS. S
A-Sa Ala A I -la O o
N q_ a 5
Ala
A-5a
A-3a A3a 5
W L•' _
A-Sa
KS-i5 A-3a Ala
S RS-10 \ A-3a
RS-7.5 1 A 3a _3a A-3 a
1,000 500 0 1000 3000 3.000 4,000 5,000
Feet
AMENDMENT TO THE ZONING CODE
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-5a)
TO FAMILY AGRICULTURAL (FA-2a)
AT OOMA 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-007:040 & 041 Oate Au gust 28, 200:
EXHIBIT "A" (James 8 Mihoko Malian:1107
OFFICE OF THE COUNTY CLPRK
County of Hawaii
Kona ,Hawaii
DRAFT 2) ~t~~_--: I'd~i;:~~
Rte TE
Introduced By: Leningrad Elarionoff AYES NOES ABS EX
Date Introduced: November 19, 2003 Arakaki X
C~iJi`; ~-~LCti:`
First Reading: November 19, 2003 Chung V ~I` ' ~
Published: N/A Elarionoff X
Holschuh X
REMARKS: Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler X
8 0 1 0
Second Reading: December 3, 2003 ROLL CALL VOTE
To Mayor: December 9, 2003 AYES NOES ABS EX
Returned: pecanber 19. 2003 Arakaki X
Effective: Deeenber 19, 2003 Chung X
Published: January 4, 2004 Elarionoff X
Holschuh X
REMARKS: Jacobson X
Reynolds X
Safarik X
Tulang X
_ Tyler X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. '
APPROVED AS TO ~
FORM AND LEG ITY:
i ~C CHAIRMAN
DE TY CO PORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date l C! 0
Bill 165 (Draft 2)
Bill No.:
Reference: C-375.1/PC-63
Approv d/Disapproved this ~ a day
Ord.No.: Q~ lf3
of ~zeew~bt~r zo_ o a
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YOB
1t ~yTY OF HAWAII