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Home My WebLink AboutORD 1997-101 1996-1998 6\ ,), '. Q . COUNTY OF HAWAII STATE OF HAWAII BILL NO. 95 (Draft 2) ORDINANCE NO. 97 10:1 AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HA WAIl COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO SINGLE F AMIL Y RESIDENTIAL (RS-15) AT KALAOA 4TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-5:104. 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 Kalaoa 4th, North Kona, Hawaii, shall be Single Family Residential (RS-15): Beginning at the east comer of this parcel of land, the north comer of Lot 5-C-4 and on the southwest side of Road A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA" being 6,399.71 feet south and 11,037.76 feet west and running by azimuths measured clockwise from true south: 1. 350 18' 50" 260.14 feet along Lot 5-C-4; 2. 1520 4T 08" 263.93 feet along Lot 5-C-2; 3. 2420 47' 08" 184.54 feet along Lot 5-C-2; 4. Thence along Lot 5-C-2, along a curve to the right having a radius of 10.00 feet, the chord azimuth and distance being: 2860 25' 13.80 feet; 5. Thence along Road A, along a curve to the left having a radius of325.00 feet, the chord azimuth and distance being: 3170 40' 51" 139.21 feet to the point of beginning and containing an area of 1.000 acre. t, ), ,. . 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, 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 residential subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access to the lots for the proposed subdivision within the subject property shall be constructed, meeting with the approval of the Department of Public Works. All lots shall be accessed from one common access road. The sight distance shall ' meet the requirements of the Statewide Design Manual. E. The applicant, its successors, or assigns shall participate in an improvement district for the surrounding area to provide for underground utilities. F. Drainage improvements, if required, shall be constructed meeting with approval of the Department of Public Works in conjunction with Final Subdivision Approval of the subject property. G. Restrictive covenant in the deeds of all the proposed residential lots within the subject property shall prohibit the construction of an ohana dwelling or a second dwelling unit on each lot. A copy of the proposed covenant shall be submitted to -2- 11' . . the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County in conjunction with the issuance of Final Subdhrision Approval for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Director upon its receipt from the Bureau of Conveyances. H. 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 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. I. The applicant, its successors, or assigns shall dedicate its ownership interest, if any, for that portion of Ke'oke'o Street fronting the subject property to the County upon its request. J. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the Office of Housing and Community Development that the applicant's affordable housing requirements, if any, have been mutually agreed to prior to Final Subdivision Approval. 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 Fee Ordinance. -3- ) . . L. 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, 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). M. 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. -4- J . . SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: 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 cp/~ CIL MEMBER, COUNTY OF HA WAIl APPROVED AS TO FORM AND LEGALITY ~~ oEPU~ CORPORATION COUNSEL DATED: 7/i7f7 -5- I J _ ---4_ A-~. ---' - - -,...- --- "4,- - --J _ - - - - -~. --- ?E- :r~-l IRj=~ A-O. ~ ;JP- _ ,D ....., v-{/' - .." 3~>j ~. = ( E~ f--1 ~I~ - A-2d. A-~. l A 20. A-I. A-20~......-::~~ A I. ROAD1 AL~ //i I I _ ~ /C:N-2'1 A-t. - I -' t---l 10 KOlIua ::.- '-- - 1- '--1'-- - A-h .J ~ L ).:: h A-I. ~iiii _ - A-~. ,- ....-- ' - 111- ,.( 1"--> - l- i-- I -,itj--., , L' " , ,---4Ql---.j Rl! T- L ( L r") -- ..::: '--J , [ar..D t=: AGRICULTURAL (A-1 a) .".. --- TO o f\^l~~1.:: - SINGLE FAMILY RESIDENTIAL ..,,__)...L -:- (RS-15) rJf-.[Jffi.:Z ./ AREA : 1 ACRE -- ..., ~ I / --....,~V'-- I"--- '--- ~.....) C ~ _ A-I. - ....,- I ./ , / I J t-..., - vLL OKe'~ ~ T ~ is{4-;-'~~ ~ / :f~~W7-i ~.' r-l,-~C~ \~ -- ~ ~ i;j'~ ~ l~._~ ," ::::--J ~......, ~ r--- ~ A h --::::,- ~ ^ A_I.m ~ "J~ ---, t-) __ ~ 7 J1 \ '0 ,01 - : ~1-- EEI~ A-', J_ f ~ 2~.&;8 ~ f:: ~ i~ '~ / HI~1~~'v III AMENDMENT TO THE ZONING CODE t ~ \ I rlTRU~ NORT~ \ - 1II11II[ Scale : 1" = 600' ~ \ ~ BELT ~~ \\ '" ,.. '-"r ~i ~mue\o I--- _0 I ==r-:' A _ !J . I----i ~'-- FT~ =- I- - I-- ___ "'-- f- -_ - A !J. '--- I-- I..--- L...- lS-IO - . -- r--- ---' A-~. - Ii?S-IO r---\ '--- ----- 6,399.71 S .,- 11,037.76 w" _~"HEA" A-~. t--- ---- j ~A 17. \. A I. \"4,-0 J - ) - - - ~ A'~. - -- - - 1-"- A'~. 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-1 a) TO SINGLE fAMILY RESIDENTIAL (RS-15) AT KALAOA 4TH, NORTH KaNA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF' HAWAII TMK : 7-3-5:104 EXHIBIT "A" FEBRUARY 26, 1997 (BRIAN MCCOURT) (REZ) Introduced By: Date Introduced: First Reading: Published: REMARKS: .. . .' OFFICE OF THE COUNTY CLERK County of Hawaii Hila , Hawaii Bobby Jean Leithead-Todd (R/R) June 18, 1997 June 18, 1997 June 25. 1997 Second Reading: To Mayor: Returned: Effective: Published: REMARKS: July 2. 1997 July 7, 1997 July 15, 1997 July 14, 1997 July 22, 1997 r:,' r ,-\ r-, t,...~. f-. 1-'lr~.~~J ^--:\' ~; ) EX Arakaki Chung Leithead- Todd Ray Reynolds Santangelo Smith Tyler Yagong x X X X X X X X 9 o o o ROLL CALL VOTE AYES NOES ABS EX Arakaki X Chung X Leithead- Todd X Ray X Reynolds X Santangelo X Smith X Tyler X Yagong X 8 0 1 () I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO . FO AND LE LIlY: .. 4 ... OEPUTY CORPORA nON COUNSEL COUNTY Of HAWAII Date 7/ ~/r7 /1 .1917 day ::pro'~ed th~ r!t-bv~CJ01/v.J~ ty'OR, COUNll OF HAWAi1 ~~ COUNTY CLERK Bill No.: 95 (Draft 2) C-329.02/PC-60 97 rtJ1 Reference: Ord. No.: