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Home My WebLink AboutBIL 092 Draft 02 1996-1998 '- :~, . . 1,\ COUNTY OF HAWAII STATE OF HAWAII BILL NO. 92 (Draft 2) ORDINANCE NO. 97 98 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-5a) TO FAMILY AGRICULTURAL (F A-la) AT KAHAULOA 2ND, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-2-08:57. 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 Kahauloa 2nd, South Kona, Hawaii, shall be Family Agricultural (FA-la): Beginning at the Southeasterly comer of this parcel of land, being also a point on the Northerly side ofNapoopoo Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PALEMANO" being 3,247.24 feet North and 7,054.75 feet East and running by azimuths measured clockwise from True South: Thence, for the next seven (7) courses following along the Northerly side of Napoopoo Road: 1. 860 47' 282.87 feet to a point; 2. 1000 13' 115.30 feet to a point; 3. 1230 19' 145.50 feet to a point; Thence, following on a curve to the right with a radius of247.84 feet, the chord azimuth and distance being: 4. 1360 54' 45" 116.52 feet to a point; 5. 1500 30' 30" 58.11 feet to a point; , . . Thence, following on a curve to the left with a radius of 149.56 feet, the chord azimuth and distance being: 6. 1240 08' 132.86 feet to a point; 15" 7. 970 46' 39.50 feet to a point; 8. 1870 46' 140.04 feet along 0.3 M.G. Reservoir Site (Government Land (State of Hawaii)) and along the remainder of Royal Patent 1930, Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 9. 138.78 feet along the remainder of Royal Patent 1930, Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 2690 39' 30" Thence, for the next six (6) courses following Lot 1 and along Grant 1181 to G. B. Kalaau: 10. 2700 50' 17.98 feet to a point; 11. 2710 15' 131.00 feet to a point; 12. 2680 55' 128.00 feet to a point; 13. 2530 06' 30" 250.33 feet to a point; 14. 2680 14' 30" 121.66 feet to a point; 15. 2670 59' 102.52 feet to a point; Thence, for the next three (3) courses following along the remainder of Royal Patent 4513, Mahele Award 32 to Kanele: 16. 3570 59' 255.91 feet to a point; 17. 870 59' 170.00 feet to a point; -2- f . . 18. 3510 43' 30" 260.00 feet to the point of beginning and containing an area of 7.429 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, 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. The applicant shall construct applicable water system improvements meeting with the approval of the Department of Water Supply in conjunction with Final Subdivision Approval. D. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this ordinance. E. Final Subdivision Approval of the proposed agricultural subdivision within the subject property for no more than six lots shall be secured from the Planning Director within five (5) years from the effective date of this change of zone. F. A drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works, 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 prior to the issuance of Final Subdivision Approval. -3- . . G. Access(es) to the subject property from Napoopoo Road shall be constructed meeting with the approval of the Department of Public Works. H. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities, and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment. The fair share contribution may be in a form of cash, land, facilities, or any combination thereof acceptable to the director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $7,239.16 per lot. Based upon the applicant's representation of intent to subdivide and develop up to six lots, the indicated total fair share contribution is $43,434.96, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition H. The fair share contribution shall be allocated as follows: 1. $3,490.85 per lot, for an indicated total of $20,945.10 to the County to support park and recreational improvements and facilities; 2. $168.40 per lot, for an indicated total of $1,010.40 to the County to support police facilities; -4- "f . . 3. $332.61 per lot, for an indicated total of $1,995.66 to the County to support fire facilities; 4. $145.62 per lot, for an indicated total of $873.72 to the County to support solid waste facilities; 5. $3,101.68 per lot, for an indicated total of $18,610.08 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director. For purposes of administering Condition H, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the director, upon consultation with the appropriate agencies. I. 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. J. To ensure that the agricultural uses in the surrounding area are maintained, restrictive covenant(s) in the deeds of all the proposed agricultural lots within the -5- " . . subject property shall indicate full disclosure on the Right to Farm Act and that possible odor, noise and other impacts may result from existing and/or proposed agricultural activities on surrounding or nearby lands. A copy of the proposed covenant(s) shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County in conjunction with the issuance of Final Subdivision Approval for any portion of the subject property. A copy ofthe recorded document shall be filed with the Planning Director upon its receipt from the Bureau of Conveyances. K. 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. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (Le., a condition to be performed within one year may be extended for up to one additional year). -6- . . . 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 property 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: Leac/-2: CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: June 18, 1997 June 18, 1997 July 2, 1997 July 14, 1997 APPROVED AS TO FORM AND LEGALITY ~~ ' . , CORPORATION COUNSEL DE'PUry DATED: v/~17 , -7- A-9. A-f. A-f. TRUE NORTH If Scale: 1. = 500' A-f. 3,247.24 N 7,054.75 E "PALEMANO" & AGRICULTURAL (A-50) TO FAMILY AGRICULTURAL (FA-1a) AREA: 7.429 ACRES A-f. AMENDMENT TO THE ZONING CODE 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 FAMILY AGRICULTURAL (fA-1 a) AT KAHAULOA 2ND, SOUTH KONA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 8-2-08:57 EXHIBIT "A" APRIL 28, 1997 (MARION K. BUSH) rm