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Home My WebLink AboutORD 2004-030 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 214 (Draft 2) ORDINANCE NO. 30 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-3a) AT PUAA 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-12:38. BE IT ORDA[NED 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 Puaa 2"d, North Kona, Hawaii, shall be Family Agricultural (FA-3a): Beginning at a point at the southwest corner of this parcel of land on the north side of Land Court Application 1666 the coordinates of which referred to Government Survey Triangulation Station "KAHELO" 5,679.75 feet north and 10,382.87 feet east and running by azimuths measured clockwise from true South: 1. 161° 09' 533.33 feet along remainder of Grant 982 to Naipuwailuna to a pipe; 2. 261 ° 41' 30" 431.23 feet along remainder of Grant 982 to Naipuwailuna to a pipe; 3. 274° 55' 30" 30.64 feet along remainder of Grant 982 to Naipuwailuna to a pipe; 4. 348° 46' 302.60 feet along remainder of Grant 982 to Naipuwailuna to a pipe; -1- 5. 261 ° 46' 30" 317.63 feet along remainder of Grant 982 to Naipuwailuna to a pipe; 6. 260° 34' 30" 108.26 feet along remainder of Grant 982 to Naipuwailuna to a pipe; 7. 258° 08' 167.38 feet along remainder of Grant 982 to Naipuwailuna to a pipe; 8. 351° 57' 152.70 feet along remainder of Grant 982 to Naipuwailuna to a pipe and passing over a pipe in concrete at 2.59 feet; 9. 348° 34' 131.42 feet along remainder of Grant 982 to Naipuwailuna to a pipe and passing over a pipe in concrete at 125.81 feet; 10. 83° 18' 30" 276.54 feet along north side of Easement 3 (16 foot roadway as shown on Land Court Application 1666 map 1) to a pipe; 1 1. 85° 41' 703.60 feet along north side of Easement 3 (16 foot roadway as shown on Land Court Application 1666 map 1) to the point of beginning containing an area of 8.773 acres more or less. 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 -2- (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. 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. C. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Plans submitted for subdivision review shall clearly indicate the location of both the 25-foot wide and 16-foot wide access easements that front the subject property and which provide access to the Mamalahoa Highway. 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 condominium property regimes 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. As agreed to by the applicant, in conjunction with the subdivision approval process, the applicant shall construct (1) an 8-foot paved road within the existing 25-foot wide easement on the subject property between the eastern boundaries of the proposed lots; and (2) a minimum 14-foot wide paved road between the Mamalahoa Highway and the eastern boundary of the subject parcel; provided, however, that in the area where the 14-foot wide paved road intersects with the Mamalahoa Highway, the slope or grade of the road shall be reasonably level to allow for sufficient sight distance for a vehicle when entering the Highway from the private road. The 14-foot wide paved road may be within the existing 16-foot wide right-of--way easement or outside of it to accommodate the sight distance and related requirements of this condition. In that event, proof of the added right-of- way easement shall be submitted prior to or in conjunction with the submittal of construction plans for the review and approval of the Department of Public Works. G. As agreed to by the applicant, the intersection of the 14-foot wide access roadway with the Mamalahoa Highway shall be constructed to County dedicable standazds prior to the issuance of Final Subdivision Approval. H. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study for the project site and related improvements shall be conducted by the applicant and approved by the Department of Public Works, prior to the submittal of plans for subdivision review. I. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval. -4- J. 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. K. 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. L. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. M. 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. 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. -5- 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. N. 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. 1n 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: CO CIL M ER, C LINTY O AWAI`I Hilo , I3awai`i Date of Introduction: February 19, 2004 Date of lst Reading: February 19, 2004 Date of Znd Reading: March 5, 2004 Effective Date: March 18, 2004 REpEIiETJCF~ Conan. 458 -6- N - - - - _ i~I W E ~ 1 ~ S _ O qSy __A_~ 1 Z A-5a _ I- - ~ ~ ~ D ~ - - _ - ~ A-1a 1 _ 9 ---i Q _ _ A-fa _ ~ - _ AGWCULTURAL (A-5a) TO ~ ~ ~w FAMILYAGRICULTURAL (FA-3a) ~ ' ~ nrtFa = eriaacres r``', ~ , , ~p9 - - - - ~"`1 . ti 9 - ~ - - ~ ~ i 5, 679.75 N C 7E \ "KAHELO"p nsa n ~ A-Sa ~ - 1 \ - 0 500 1000 7500 2000 Feet AMENDMENT TO THE ZONI NG CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGI NG THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A 5a) TO FAMILY AGRICULTURAL (FA-3a) AT PUAA 2nd, NORTH KONA, HAWAI I PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :7-5-012:038 NOVEMBER 20, 2002 EXHIBIT "A" (TUSO:1075) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii ~~f-{~; ~~.I~~_,r~ 200 L L Introduced By: Leningrad Elarionoff AYES NOES S EX Datelntroduced: February 19, 2009 Arakaki 4 "4. First Reading: February 19, 2004 Chung ~ ~'~'IFu;X Published: N%A Elarionoff X Holschuh X REMARKS: Jacobson X Reynolds X Safarik X Tulang X Tyler X 5 2 2 0 Second Reading: March 5, 2004 ROLL CALL VOTE To Mayor: March 9, 2009 AYES NOES ABS EX Returned: March 19, 2004 Arakaki X Effective: March 18, 2004 Chung X Published: April 4, 2004 Elarionoff X Holschuh X REMARKS: Jacobson X Reynolds X Safarik X Tulang X Tyler X 6 2 1 0 C DO HEREBYCERTIFY that the foregoing BILL was adopted by the County Council~pu~blished as Indicated above. C~A~~~" APPROVED AS TO FORM AN~GA I C NCIL CHAIRMAN C9` P Y COR ORATION COUNSEL COUNTY OF HAWAII ~'~~j~~D~ coUNrr CLERK Date 214 (Draft 2) Bill No.: C-458.1/PC-73 ~ Reference: Approv ~ /disapproved this ~ g _ day ~f Ord. No.: Q'4 a70 a ' .n.vt~ M ~ , zo off. YOB R, (~iS'ZJ~TY OF~HAYYAII