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Home My WebLink AboutORD 2005-064 2004-2006 COUNTY OF HAWAL`L STATE OF HAWAII BILL NO. 60 ORDINANCE NO. ~D5 64 AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT 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 3-ACRE (FA-3a) AT KAHUA Is NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-6:5. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, 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 Kahua 151, North Kohala, Hawaii, shall be Family Agricultural 3 acre (FA-3a): Beginning at a iron pipe found in concrete for the Southwest corner of this herein-described tract of land, being the Southeast corner of Lot 60, being on the North side of Ala Kahua Drive, an Eighty (80) foot wide roadway and the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PILI" being 15,720.855 feet South and 28,589.348 feet West and running by azimuths measured clockwise from true South: 1. 157° 56' 40" 881.94 feet along said Lot 60 to a found iron pipe in concrete; 2. 247° I S' 40" 193.18 feet along Lot 62-B to a found'/z" iron pipe in concrete; 3. 321 ° 26' 00" 998.29 feet along Lot 762-C and Lot 762-B to a found iron pipe in concrete; Thence along said Kahua Drive on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: -1- 4. 76° 38' O1" 482.41 feet to the point of beginning and containing an area of 7.740 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 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: (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, successors or assigns shall be responsible for complying with all of the stated conditions of approval. 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 Agricultural District. C. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. D. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a -2- second dwelling unit and condominium property regimes on each lot. This restriction maybe 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 State Bureau of Conveyances shall be submitted to the Planing 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. E. All driveway connections to Ala Kahua Drive shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. All grading and grubbing activities and drainage improvements shall meet with the approval of the County Department of Public Works. G. A drainage study of the subject property, if required, shall be prepared by the applicants and submitted to the Department of Public Works for review and approval, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works. H. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. I. All earthwork and grading shall conform to Chapter 1Q Erosion and Sediment Control of the Hawaii County Code. J. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the -3- immediate area shall cease and the Department of Land and Natural Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigative measures have been taken. K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the 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 County, State and Federal laws, rules, regulations and requirements. M. 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, 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). -4- N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the 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: ------~QUNCIL MBER, COUN OF HAWAI`[ ~~r~ t , , COUNCIL2vIE BER, C Y OF AWAI` Hilo ,Hawaii Date oflntroduction: April 20, 2005 Date of 1st Reading: April 20, 2005 Date of 2nd Reading: May 4, 2005 Effective Date: May 16, 2005 %l'~F.~NCE: Comm: C-172 -5- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: K. Angel Pilago/Pete Hoffmanq il~itR~pLLCA LVOTE Date Introduced: April 20, 2005 AYES NOFS ABS EX First Reading: April 20, 2005 Arakaki - X Published: N/A Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 6 1 2 0 ~ Second Reading: May 4, 2005 To Mayor: May 6, 2005 ROLL CALL VOTE Returned: May 17, 2005 AYES NOES ABS EX Effective: May 16, 2005 Arakaki X Published: Mav 22, 2005 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X ~ Safarik X 8 1 0 0 J L DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM ANp LECj/~LITY: / ~ r COUNC/L CHAIRMAN D' UTY CORPORATION COUNSEL COUNTY OF HAWAII L C'OUNTYCLERK Date '„'j /(i ~~zrr;.7 60 ~ ~ Bill No.: _ Appro Disapprnvedthis Ib drry C-172/PC-13 Reference: of NI Zp OS Ord No.: ~5 64 AYOR, NTYOFHAWAI7